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113-hr-1755 | I 113th CONGRESS 1st Session H. R. 1755 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Polis (for himself, Ms. Ros-Lehtinen , Mr. George Miller of California , Ms. Pelosi , Mr. Hoyer , Mr. Conyers , Mr. Cicilline , Mr. Sean Patrick Maloney of New York , Mr. Pocan , Ms. Sinema , Mr. Takano , Mr. Nadler , Ms. Lee of California , Mr. Honda , Mr. Grijalva , Ms. DeGette , Mr. Ellison , Ms. Loretta Sanchez of California , Mr. Castro of Texas , Mr. Andrews , Mr. Cohen , Ms. Bass , Mr. Connolly , Mrs. Beatty , Mr. Becerra , Mr. Cooper , Mr. Bishop of New York , Mr. Courtney , Mr. Blumenauer , Mr. Crowley , Ms. Bonamici , Mr. Cummings , Mr. Brady of Pennsylvania , Mrs. Davis of California , Mr. Braley of Iowa , Mr. DeFazio , Mrs. Capps , Mr. Cárdenas , Mr. Delaney , Mr. Carney , Ms. DeLauro , Mr. Carson of Indiana , Ms. DelBene , Mr. Cartwright , Mr. Deutch , Ms. Castor of Florida , Mr. Dingell , Mr. Doggett , Ms. Chu , Mr. Doyle , Ms. Duckworth , Ms. Clarke , Ms. Edwards , Mr. Clay , Mr. Engel , Mr. Farr , Mr. Fattah , Ms. Frankel of Florida , Ms. Fudge , Mr. Garcia , Mr. Al Green of Texas , Mr. Gutierrez , Ms. Hahn , Ms. Hanabusa , Mr. Hanna , Mr. Hastings of Florida , Mr. Heck of Washington , Mr. Higgins , Mr. Himes , Mr. Hinojosa , Mr. Holt , Mr. Horsford , Mr. Huffman , Mr. Israel , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Keating , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mr. Kind , Mrs. Kirkpatrick , Ms. Kuster , Mr. Langevin , Mr. Larsen of Washington , Mr. Larson of Connecticut , Mr. Levin , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mr. Lowenthal , Mrs. Lowey , Ms. Michelle Lujan Grisham of New Mexico , Mr. Ben Ray Luján of New Mexico , Mr. Lynch , Ms. Matsui , Mr. Maffei , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Mr. Matheson , Mrs. McCarthy of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Ms. Meng , Mr. Michaud , Ms. Moore , Mr. Moran , Mr. Murphy of Florida , Mrs. Napolitano , Ms. Norton , Mr. Pallone , Mr. Pascrell , Mr. Payne , Mr. Peters of Michigan , Mr. Peters of California , Ms. Pingree of Maine , Mr. Price of North Carolina , Mr. Quigley , Mr. Rangel , Ms. Roybal-Allard , Mr. Rush , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Mr. Schrader , Ms. Schwartz , Mr. Scott of Virginia , Mr. Serrano , Ms. Shea-Porter , Mr. Sherman , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Swalwell of California , Mr. Tierney , Ms. Titus , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Veasey , Mr. Walz , Ms. Wasserman Schultz , Ms. Waters , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , Mr. Yarmuth , Mr. Capuano , Mr. Dent , Mr. Grayson , Mr. O’Rourke , Mr. Sires , Mr. McNerney , and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on House Administration , Oversight and Government Reform , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit employment discrimination on the basis of sexual orientation or gender identity.
1. Short title This Act may be cited as the Employment Non-Discrimination Act of 2013 . 2. Purposes The purposes of this Act are— (1) to address the history and persistent, widespread pattern of discrimination, including unconstitutional discrimination, on the bases of sexual orientation and gender identity by private sector employers and local, State, and Federal government employers; (2) to provide an explicit, comprehensive Federal prohibition against employment discrimination on the bases of sexual orientation and gender identity, including meaningful and effective remedies for any such discrimination; and (3) to invoke congressional powers, including the powers to enforce the 14th Amendment to the Constitution, and to regulate interstate commerce pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the bases of sexual orientation and gender identity. 3. Definitions (a) In general In this Act: (1) Commission The term Commission means the Equal Employment Opportunity Commission. (2) Covered entity The term covered entity means an employer, employment agency, labor organization, or joint labor-management committee. (3) Employee (A) In general The term employee means— (i) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (ii) a State employee to which section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; (iii) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) or section 411(c) of title 3, United States Code; or (iv) an employee or applicant to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (B) Exception The provisions of this Act that apply to an employee or individual shall not apply to a volunteer who receives no compensation. (4) Employer The term employer means— (A) a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(h) )) who has 15 or more employees (as defined in subparagraphs (A)(i) and (B) of paragraph (3)) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986; (B) an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 applies; (C) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 or section 411(c) of title 3, United States Code; or (D) an entity to which section 717(a) of the Civil Rights Act of 1964 applies. (5) Employment agency The term employment agency has the meaning given the term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (6) Gender identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. (7) Labor organization The term labor organization has the meaning given the term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (8) Person The term person has the meaning given the term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ). (9) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (10) State The term State has the meaning given the term in section 701(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(i) ). (b) Application of definitions For purposes of this section, a reference in section 701 of the Civil Rights Act of 1964— (1) to an employee or an employer shall be considered to refer to an employee (as defined in subsection (a)(3)) or an employer (as defined in subsection (a)(4)), respectively, except as provided in paragraph (2) of this subsection; and (2) to an employer in subsection (f) of that section shall be considered to refer to an employer (as defined in subsection (a)(4)(A)). 4. Employment discrimination prohibited (a) Employer practices It shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual’s actual or perceived sexual orientation or gender identity; or (2) to limit, segregate, or classify the employees or applicants for employment of the employer in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee, because of such individual’s actual or perceived sexual orientation or gender identity. (b) Employment agency practices It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of the actual or perceived sexual orientation or gender identity of the individual or to classify or refer for employment any individual on the basis of the actual or perceived sexual orientation or gender identity of the individual. (c) Labor organization practices It shall be an unlawful employment practice for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of the actual or perceived sexual orientation or gender identity of the individual; (2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment, or would limit such employment or otherwise adversely affect the status of the individual as an employee or as an applicant for employment because of such individual’s actual or perceived sexual orientation or gender identity; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) Training programs It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of the actual or perceived sexual orientation or gender identity of the individual in admission to, or employment in, any program established to provide apprenticeship or other training. (e) Association An unlawful employment practice described in any of subsections (a) through (d) shall be considered to include an action described in that subsection, taken against an individual based on the actual or perceived sexual orientation or gender identity of a person with whom the individual associates or has associated. (f) No preferential treatment or Quotas Nothing in this Act shall be construed or interpreted to require or permit— (1) any covered entity to grant preferential treatment to any individual or to any group because of the actual or perceived sexual orientation or gender identity of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any actual or perceived sexual orientation or gender identity employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such actual or perceived sexual orientation or gender identity in any community, State, section, or other area, or in the available work force in any community, State, section, or other area; or (2) the adoption or implementation by a covered entity of a quota on the basis of actual or perceived sexual orientation or gender identity. (g) Disparate impact Only disparate treatment claims may be brought under this Act. 5. Retaliation prohibited It shall be an unlawful employment practice for a covered entity to discriminate against an individual because such individual— (1) opposed any practice made an unlawful employment practice by this Act; or (2) made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. 6. Exemption for Religious Organizations This Act shall not apply to a corporation, association, educational institution or institution of learning, or society that is exempt from the religious discrimination provisions of title VII of the Civil Rights Act of 1964 pursuant ( 42 U.S.C. 2000e et seq. ) to section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e–1(a), 2000e–2(e)(2)). 7. Nonapplication to members of the armed forces; veterans’ preferences (a) Armed forces (1) Employment In this Act, the term employment does not apply to the relationship between the United States and members of the Armed Forces. (2) Armed forces In paragraph (1) the term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans’ preferences This title does not repeal or modify any Federal, State, territorial, or local law creating a special right or preference concerning employment for a veteran. 8. Construction (a) Dress or grooming standards Nothing in this Act shall prohibit an employer from requiring an employee, during the employee’s hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law, provided that the employer permits any employee who has undergone gender transition prior to the time of employment, and any employee who has notified the employer that the employee has undergone or is undergoing gender transition after the time of employment, to adhere to the same dress or grooming standards as apply for the gender to which the employee has transitioned or is transitioning. (b) Additional facilities not required Nothing in this Act shall be construed to require the construction of new or additional facilities. 9. Collection of statistics prohibited The Commission shall neither compel the collection of nor require the production of statistics on actual or perceived sexual orientation or gender identity from covered entities. 10. Enforcement (a) Enforcement powers With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act— (1) the Commission shall have the same powers as the Commission has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of a claim alleged by such individual for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); (4) the Attorney General shall have the same powers as the Attorney General has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c); in the case of a claim alleged by such individual for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (5) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title; and (6) a court of the United States shall have the same jurisdiction and powers as the court has to enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)); (C) the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); and (D) chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title. (b) Procedures and remedies The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are— (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) in the case of a claim alleged by such individual for a violation of such section; (3) the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) in the case of a claim alleged by such individual for a violation of such section; and (4) the procedures and remedies applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of such section. (c) Other applicable provisions With respect to a claim alleged by a covered employee (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this Act, title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq. ) shall apply in the same manner as such title applies with respect to a claim alleged by such a covered employee for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 11. State and Federal immunity (a) Abrogation of State immunity A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this Act. (b) Waiver of State immunity (1) In general (A) Waiver A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee or applicant for employment of that program or activity under this Act for a remedy authorized under subsection (d). (B) Definition In this paragraph, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). (2) Effective date With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (c) Remedies Against State Officials An official of a State may be sued in the official capacity of the official by any employee or applicant for employment who has complied with the applicable procedures of section 10, for equitable relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (d) Remedies against the United States and the States Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this Act, remedies (including remedies at law and in equity, and interest) are available for the violation to the same extent as the remedies are available for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) by a private entity, except that— (1) punitive damages are not available; and (2) compensatory damages are available to the extent specified in section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). 12. Attorneys’ fees Notwithstanding any other provision of this Act, in an action or administrative proceeding for a violation of this Act, an entity described in section 10(a) (other than paragraph (4) of such section), in the discretion of the entity, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs. The Commission and the United States shall be liable for the costs to the same extent as a private person. 13. Posting notices A covered entity who is required to post notices described in section 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–10 ) shall post notices for employees, applicants for employment, and members, to whom the provisions specified in section 10(b) apply, that describe the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964. 14. Regulations (a) In general Except as provided in subsections (b), (c), and (d), the Commission shall have authority to issue regulations to carry out this Act. (b) Librarian of Congress The Librarian of Congress shall have authority to issue regulations to carry out this Act with respect to employees and applicants for employment of the Library of Congress. (c) Board The Board referred to in section 10(a)(3) shall have authority to issue regulations to carry out this Act, in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 ), with respect to covered employees, as defined in section 101 of such Act ( 2 U.S.C. 1301 ). (d) President The President shall have authority to issue regulations to carry out this Act with respect to covered employees, as defined in section 411(c) of title 3, United States Code, and applicants for employment as such employees. 15. Relationship to other laws This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or regulation or any law or regulation of a State or political subdivision of a State. 16. Severability If any provision of this Act, or the application of the provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of the provision to any other person or circumstances shall not be affected by the invalidity. 17. Effective date This Act shall take effect on the date that is 6 months after the date of enactment of this Act and shall not apply to conduct occurring before the effective date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1755ih/xml/BILLS-113hr1755ih.xml |
113-hr-1756 | I 113th CONGRESS 1st Session H. R. 1756 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the Secretary of Defense to transport to any country, without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Deployed Troops Support Act of 2013 . 2. Transportation of supplies to members of the Armed Forces from nonprofit organizations (a) In general Chapter 20 of title 10, United States Code, is amended by inserting after section 402 the following new section: 403. Transportation of supplies from nonprofit organizations (a) Authorization of transportation Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the armed forces. Such supplies may be transported only on a space available basis. (b) Limitations (1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that— (A) the transportation of the supplies is consistent with the policies of the United States; (B) the supplies are suitable for distribution to members of the armed forces and are in usable condition; (C) there is a legitimate need for the supplies by the members of the armed forces for whom they are intended; and (D) adequate arrangements have been made for the distribution and use of the supplies. (2) Procedures The Secretary shall establish procedures for making the determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport. (3) Preparation It shall be the responsibility of the nonprofit organization requesting the transport of supplies under this section to ensure that the supplies are suitable for transport. (c) Distribution Supplies transported under this section may be distributed by the United States Government or a nonprofit organization. (d) Definition of nonprofit organization In this section, the term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. . (b) Clerical amendment The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 402 the following new item: 403. Transportation of supplies from nonprofit organizations. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1756ih/xml/BILLS-113hr1756ih.xml |
113-hr-1757 | I 113th CONGRESS 1st Session H. R. 1757 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Posey (for himself and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to conduct or support a comprehensive study comparing total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States, and for other purposes.
1. Short title This Act may be cited as the Vaccine Safety Study Act . 2. Findings The Congress finds as follows: (1) Securing the health of the Nation’s children is our most important concern as parents and stewards of the Nation’s future. (2) The Nation’s vaccine program has greatly reduced human suffering from infectious disease by preventing and reducing the outbreak of vaccine-preventable diseases. (3) Total health outcomes are the best measure of the success of any public health effort, including security from both chronic and infectious disease. (4) Childhood immunizations are an important tool in protecting children from infectious disease. (5) The number of immunizations administered to infants, pregnant women, children, teenagers, and adults has grown dramatically over recent years. (6) The incidence of chronic, unexplained diseases such as autism, learning disabilities, and other neurological disorders appears to have increased dramatically in recent years. (7) Individual vaccines are tested for safety, but little safety testing has been conducted for interaction effects of multiple vaccines. (8) The strategy of aggressive, early childhood immunization against a large number of infectious diseases has never been tested in its entirety against alternative strategies, either for safety or for total health outcomes. (9) Childhood immunizations are the only health interventions that are required by States of all citizens in order to participate in civic society. (10) Public confidence in the management of public health can only be maintained if these State government-mandated, mass vaccination programs— (A) are tested rigorously and in their entirety against all reasonable safety concerns; and (B) are verified in their entirety to produce superior health outcomes. (11) There are numerous United States populations in which a practice of no vaccination is followed and which therefore provide a natural comparison group for comparing total health outcomes. (12) No comparative study of such health outcomes has ever been conducted. (13) Given rising concern over the high rates of childhood neurodevelopmental disorders such as autism and other chronic conditions, the need for such studies is becoming urgent. 3. Study on health outcomes in vaccinated and unvaccinated American populations (a) In general The Secretary of Health and Human Services (in this Act referred to as the Secretary ), acting through the Director of the National Institutes of Health, shall conduct or support a comprehensive study— (1) to compare total health outcomes, including the incidence and risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States; and (2) to determine whether exposure to vaccines or vaccine components is associated with autism spectrum disorders, chronic conditions, or other neurological conditions. (b) Rule of construction Nothing in this Act shall be construed to authorize the conduct or support of any study in which an individual or population is encouraged or incentivized to remain unvaccinated. (c) Qualifications With respect to each investigator carrying out the study under this section, the Secretary shall ensure that the investigator— (1) is objective; (2) is qualified to carry out such study, as evidenced by training experiences and demonstrated skill; (3) is not currently employed by any Federal, State, or local public health agency; (4) is not currently a member of a board, committee, or other entity responsible for formulating immunization policy on behalf of any Federal, State, or local public health agency or any component thereof; (5) has no history of a strong position on the thimerosal or vaccine safety controversy; and (6) is not currently an employee of, or otherwise directly or indirectly receiving funds from, a pharmaceutical company or the Centers for Disease Control. (d) Target populations The Secretary shall seek to include in the study under this section populations in the United States that have traditionally remained unvaccinated for religious or other reasons, which populations may include Old Order Amish, members of clinical practices (such as the Homefirst practice in Chicago) who choose alternative medical practices, practitioners of anthroposophic lifestyles, and others who have chosen not to be vaccinated. (e) Timing Not later than 120 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals to conduct the study required by this section. Not later than 120 days after receipt of any such proposal, the Secretary shall approve or disapprove the proposal. If the Secretary disapproves the proposal, the Secretary shall provide the applicant involved with a written explanation of the reasons for the disapproval. (f) Transparency To facilitate further research by the Secretary or others, the Secretary shall ensure the preservation of all data, including all data sets, collected or used for purposes of the study under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr1757ih/xml/BILLS-113hr1757ih.xml |
113-hr-1758 | I 113th CONGRESS 1st Session H. R. 1758 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart , Ms. Wasserman Schultz , Ms. Wilson of Florida , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To increase the portion of community development block grants that may be used to provide public services, and for other purposes.
1. Short title This Act may be cited as the CDBG Public Services Flexibility Act of 2013 . 2. Increase in public services cap Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended— (1) by striking 15 per centum each place it appears and inserting 25 percent ; and (2) by striking amount, except and all that follows through the semicolon at the end and inserting amount; . | https://www.govinfo.gov/content/pkg/BILLS-113hr1758ih/xml/BILLS-113hr1758ih.xml |
113-hr-1759 | I 113th CONGRESS 1st Session H. R. 1759 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Ruiz (for himself, Mr. Cárdenas , Mrs. Kirkpatrick , Mr. Barber , Mrs. Negrete McLeod , Mr. Takano , and Mr. Cook ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to submit to Congress quarterly reports on the timeliness in which the Department of Veterans Affairs receives certain information from other departments or agencies of the United States.
1. Quarterly reports to Congress (a) In general Chapter 77 of title 38, United States Code, is amended by adding at the end the following new section: 7735. Quarterly reports to Congress (a) Reports Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to Congress a report on covered requests. (b) Matters included Each report under subsection (a) shall include— (1) the number of covered requests made during the fiscal quarter covered by the report; and (2) the average response time for such covered requests made during each month of such fiscal quarter, as determined based on the period beginning on the date on which the Secretary made the request and ending on the date on which the Secretary determines that the request is completed. (c) Covered request defined In this section, the term covered request means a request by the Secretary to the head of another department or agency of the United States for information required by the Secretary in adjudicating a claim for disability compensation under chapter 11 of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 7734 the following new item: 7735. Quarterly reports to Congress. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1759ih/xml/BILLS-113hr1759ih.xml |
113-hr-1760 | I 113th CONGRESS 1st Session H. R. 1760 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Schiff introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in Science, Engineering, Math or a technology-related field.
1. Short title This Act may be cited as the Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology in America Act of 2013 or INVEST in America Act . 2. Conditional permanent resident status for certain STEM alien entrepreneurs, spouses, and children The Immigration and Nationality Act is amended by inserting after section 216A the following: 216B. Conditional permanent resident status for certain STEM alien entrepreneurs, spouses, and children (a) In general (1) Adjustment of status Each fiscal year, the status of not more than 9,940 aliens having status under section 101(a)(15)(F)(i) or 101(a)(15)(H)(i)(b) shall be adjusted to that of an alien lawfully admitted for permanent residence if each such alien files an application, at such time and in such manner as the Secretary of Homeland Security may require, that includes information sufficient to prove that the alien has fulfilled the following requirements: (A) The alien is in the process of completing, or has completed within the most recent 3 years preceding the date of application, a graduate level degree in science, technology, engineering, math or a related academic discipline from an accredited United States college, university or other institute of higher education. (B) The alien establishes and engages in a new commercial enterprise (including a limited partnership) that is relevant to the area of study of paragraph (1). (C) The alien submits a business plan (which may be updated and modified as a result of market conditions as long as the criteria specified in this section are met), which includes the creation of no less than 5 new full-time jobs and a minimum of 90 total work months for United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters) within 5 years and provides the prevailing wage level for the occupational classification in the area of employment. (D) The alien is admissible as an immigrant, except that the numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this subsection. (2) Conditional basis for status Notwithstanding any other provision of this Act, an alien entrepreneur (as defined in subsection (g)(1)), alien spouse, and alien child (as defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (3) Notice of requirements (A) At time of obtaining permanent residence At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status renewed, and the requirements of subsection (d)(1) to have the conditional basis of such status removed. (B) At time of required petition In addition, the Secretary of Homeland Security shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (e)(2)(A), of the requirements of subsection (c)(1) and (d)(1). (C) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur, spouse, or child. (b) Termination of status if finding that qualifying entrepreneurship improper (1) In general In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the 60-month anniversary of the alien's obtaining the status of lawful admission for permanent residence, that— (A) the establishment of the commercial enterprise was intended solely as a means of evading the immigration laws of the United States; (B) (i) the alien did not establish and engage in a new commercial enterprise relevant to the graduate level degree in science, technology, engineering, math or a related academic discipline; or (ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien's residence in the United States; or (C) the alien was otherwise not conforming to the requirements of this section, then the Secretary of Homeland Security shall so notify the alien involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination. (2) Hearing in removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements of Timely Petition and Interview for Renewal of Condition (1) In general In order for the conditional basis established under subsection (a) for an alien entrepreneur, alien spouse, or alien child to be renewed— (A) the alien entrepreneur must submit to the Secretary of Homeland Security, during the period described in subsection (e)(2), a petition which requests the renewal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (e)(1); and (B) in accordance with subsection (e)(3), the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (e)(1). (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a), if— (i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or (ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (e)(3)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section) as of the 30 month anniversary of the alien's lawful admission for permanent residence. (B) Hearing in removal proceeding In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B). (3) Determination after petition and interview (A) In general If— (i) a petition is filed in accordance with the provisions of paragraph (1)(A); and (ii) the alien entrepreneur appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, within 90 days of the date of the such filing or interview (whichever is later), as to whether the facts and information described in subsection (e)(1) and alleged in the petition are true with respect to the qualifying commercial enterprise. (B) Renewal of conditional basis if favorable determination If the Secretary of Homeland Security determines that such facts and information are true, the Secretary of Homeland Security shall so notify the alien involved and shall renew the conditional basis of the alien's status effective as of the 30 month anniversary of the alien's lawful admission for permanent residence. (C) Termination if adverse determination If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary of Homeland Security shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination. (D) Hearing in removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (e)(1) and alleged in the petition are not true with respect to the qualifying commercial enterprise. (d) Requirements of Timely Petition and Interview for Removal of Condition (1) In general In order for the conditional basis established under subsection (a) for an alien entrepreneur, alien spouse, or alien child to be removed— (A) the alien entrepreneur must submit to the Secretary of Homeland Security, during the period described in subsection (e)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (e)(1); and (B) in accordance with subsection (e)(3), the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (e)(1). (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a), if— (i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or (ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (e)(3)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section) as of the 60 month anniversary of the alien's lawful admission for permanent residence. (B) Hearing in removal proceeding In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B). (3) Determination after petition and interview (A) In general If— (i) a petition is filed in accordance with the provisions of paragraph (1)(A); and (ii) the alien entrepreneur appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, within 90 days of the date of the such filing or interview (whichever is later), as to whether the facts and information described in subsection (e)(1) and alleged in the petition are true with respect to the qualifying commercial enterprise. (B) Removal of conditional basis if favorable determination If the Secretary of Homeland Security determines that such facts and information are true, the Secretary of Homeland Security shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the 60 month anniversary of the alien's lawful admission for permanent residence. (C) Termination if adverse determination If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary of Homeland Security shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination. (D) Hearing in removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (e)(1) and alleged in the petition are not true with respect to the qualifying commercial enterprise. (e) Details of Petition and Interview (1) Contents of petition (A) Each petition under subsection (c)(1)(A) shall contain facts and information demonstrating that the alien— (i) established and engaged in a new commercial enterprise relevant to the graduate level degree in science, technology, engineering, math or a related academic discipline; (ii) sustained the actions described in clause (i) throughout the period of the alien's residence in the United States; and (iii) either— (I) created no less than 2 new full-time jobs for United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters) for the duration of a 6-month minimum prior to the filing of the petition and provides the prevailing wage level for the occupational classification in the area of employment; or (II) invested not less than $200,000 in the new commercial enterprise. (B) Each petition under subsection (d)(1)(A) shall contain facts and information demonstrating that the alien— (i) established and engaged in a new commercial enterprise relevant to the graduate level degree in science, technology, engineering, math or a related academic discipline; (ii) sustained the actions described in clause (i) throughout the period of the alien's residence in the United States; and (iii) either— (I) created no less than 5 new full-time jobs and a minimum of 90 total work months for a United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters) within 5 years and provides the prevailing wage level for the occupational classification in the area of employment; or (II) invested not less than $500,000 in the new commercial enterprise. (C) is otherwise conforming to the requirements of this section. (2) Period for filing petition (A) In general Except as provided in subparagraph (B)— (i) the petition under subsection (c)(1)(A) must be filed during the 90-day period before the 36 month anniversary of the alien's lawful admission for permanent residence; and (ii) the petition under subsection (d)(1)(A) must be filed during the 90-day period before the 60 month anniversary of the alien's lawful admission for permanent residence. (B) Date petitions for good cause Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during removal In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview The interview under subsection (c)(1)(B) and (d)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and (d)(1)(A), respectively, and at a local office of the Service, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary of Homeland Security, in the Secretary of Homeland Security's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. (f) Treatment of Period for Purposes of Naturalization For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. (g) Definitions In this section: (1) Alien entrepreneur The term alien entrepreneur means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under this section. (2) Alien spouse; alien child The term alien spouse and the term alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur. (3) Commercial Enterprise The term commercial enterprise includes a limited partnership. (4) Investment The term investment includes investments by venture capitalists, qualified angel investors, or the entrepreneur, and also includes reinvested profits. (5) Full-time employment The term full-time employment means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. . 3. Government Accountability Office Study (a) In general Not later than 5 years after the date of enactment of this Act, and again not later than 10 years after the date of enactment, the Comptroller General of the United States shall submit to Congress a report on the entrepreneur-based immigrant category established under section 216B of the Immigration and Nationality Act. (b) Contents A report described in subsection (a) shall include information regarding— (1) the number of immigrant entrepreneurs who have obtained conditional permanent residency under the entrepreneur-based immigrant category; (2) the number of jobs created through the program; (3) the titles and wages of the created employment positions; (4) the length of employment for the created employment positions; (5) the number of immigrant entrepreneurs who were approved for removal of conditional permanent residence status at the end of the 5 year conditional status period; (6) the economic impact of the commercial activity generated in the United States as a result of immigrant entrepreneurs; and (7) any additional information regarding the effects of the Program. 4. Recruit, Retain, and Invest Strategic Plan (a) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Education shall jointly submit a strategic plan to be known as the Recruitment, Retainment, and Investment Strategic Plan to Congress. (b) Contents The strategic plan described in subsection (a) shall study and recommend coordinated strategies to attract the highest skilled and most talented foreign nationals to immigrate to the United States in order to create American jobs and grow the United States economy. | https://www.govinfo.gov/content/pkg/BILLS-113hr1760ih/xml/BILLS-113hr1760ih.xml |
113-hr-1761 | I 113th CONGRESS 1st Session H. R. 1761 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Terry 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 XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes.
1. Short title This Act may be cited as the Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act . 2. Including podiatrists as physicians under the Medicaid program (a) In general Section 1905(a)(5)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(5)(A) ) is amended by striking section 1861(r)(1) and inserting paragraphs (1) and (3) of section 1861(r) . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2014. (2) Extension of effective date for State law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. 3. Modifications to requirements for diabetic shoes to be included under medical and other health services under Medicare (a) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) ) is amended to read as follows: (12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes (in this paragraph referred to as therapeutic shoes ) with inserts for an individual with diabetes, if— (A) the physician who is managing the individual’s diabetic condition— (i) documents that the individual has diabetes; (ii) certifies that the individual is under a comprehensive plan of care related to the individual’s diabetic condition; and (iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have such extra-depth shoes with inserts of custom molded shoes with inserts; (B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who— (i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and (ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and (C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area); . (b) Effective date The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2014. 4. Budget savings: strengthening medicaid program integrity through continuous levy on payments to medicaid providers and suppliers (a) In general Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) any payment to any medicaid provider or supplier under a State plan under title XIX of the Social Security Act. . (b) Effective date The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1761ih/xml/BILLS-113hr1761ih.xml |
113-hr-1762 | I 113th CONGRESS 1st Session H. R. 1762 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Thornberry introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules 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 provide a biennial budget for the United States Government.
1. Short title This Act may be cited as the Biennial Budgeting and Appropriations Act of 2013 . 2. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable (a) In General Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fifteenth Congress) is as follows: First Session On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the biennial budget. May 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House. June 10 House Appropriations Committee reports last biennial appropriation bill. June 30 House completes action on biennial appropriation bills. October 1 Biennium begins. Second Session On or before: Action to be completed: February 15 President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. (b) Special Rule In the case of any first session of Congress that begins in any year during which the term of a President (except a President who succeeds himself) begins, the following dates shall supersede those set forth in subsection (a): First Session On or before: Action to be completed: First Monday in April President submits budget recommendations. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the biennial budget. June 1 Congress completes action on concurrent resolution on the biennial budget. June 1 Biennial appropriation bills may be considered in the House. July 1 House Appropriations Committee reports last biennial appropriation bill. July 20 House completes action on biennial appropriation bills. October 1 Biennium begins. . 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Declaration of Purpose Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621(2) ) is amended by striking each year and inserting biennially . (b) Definitions (1) Budget resolution Section 3(4) of such Act ( 2 U.S.C. 622(4) ) is amended by striking fiscal year each place it appears and inserting biennium . (2) Biennium Section 3 of such Act ( 2 U.S.C. 622 ) is amended by adding at the end the following new paragraph: (12) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year. . (c) Biennial Concurrent Resolution on the Budget (1) Contents of resolution Section 301(a) of such Act ( 2 U.S.C. 632(a) ) is amended— (A) in the matter preceding paragraph (1) by— (i) striking April 15 of each year and inserting May 15 of each odd-numbered year ; (ii) striking the fiscal year beginning on October 1 of such year the first place it appears and inserting the biennium beginning on October 1 of such year ; and (iii) striking the fiscal year beginning on October 1 of such year the second place it appears and inserting each fiscal year in such period ; (B) in paragraph (6), by striking for the fiscal year and inserting for each fiscal year in the biennium ; and (C) in paragraph (7), by striking for the fiscal year and inserting for each fiscal year in the biennium . (2) Additional matters Section 301(b) of such Act ( 2 U.S.C. 632(b) ) is amended— (A) in paragraph (3), by striking for such fiscal year and inserting for either fiscal year in such biennium ; and (B) in paragraph (7), by striking for the first fiscal year and inserting for each fiscal year in the biennium . (3) Views of other committees Section 301(d) of such Act ( 2 U.S.C. 632(d) ) is amended by inserting (or, if applicable, as provided by section 300(b)) after United States Code . (4) Hearings Section 301(e)(1) of such Act ( 2 U.S.C. 632(e) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) inserting after the second sentence the following: On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. . (5) Goals for reducing unemployment Section 301(f) of such Act ( 2 U.S.C. 632(f) ) is amended by striking fiscal year each place it appears and inserting biennium . (6) Economic assumptions Section 301(g)(1) of such Act ( 2 U.S.C. 632(g)(1) ) is amended by striking for a fiscal year and inserting for a biennium . (7) Section heading The section heading of section 301 of such Act is amended by striking annual and inserting biennial . (8) Table of contents The item relating to section 301 in the table of contents set forth in section 1(b) of such Act is amended by striking Annual and inserting Biennial . (d) Committee Allocations Section 302 of such Act ( 2 U.S.C. 633 ) is amended— (1) in subsection (a)(1) by— (A) striking for the first fiscal year of the resolution, and inserting for each fiscal year in the biennium, ; (B) striking for that period of fiscal years and inserting for all fiscal years covered by the resolution ; and (C) striking for the fiscal year of that resolution and inserting for each fiscal year in the biennium ; (2) in subsection (a)(5), by striking April 15 and inserting May 15 ; (3) in subsection (f)(1), by striking for a fiscal year and inserting for a biennium ; (4) in subsection (f)(1), by striking first fiscal year and inserting either fiscal year of the biennium ; (5) in subsection (f)(2)(A), by— (A) striking first fiscal year and inserting each fiscal year of the biennium ; and (B) striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution ; and (6) in subsection (g)(1)(A), by striking April and inserting May . (e) Section 303 Point of Order (1) In general Section 303(a) of such Act ( 2 U.S.C. 634(a) ) is amended by striking for a fiscal year and inserting for a biennium and by striking the first fiscal year and inserting each fiscal year of the biennium . (2) Exceptions in the house Section 303(b) of such Act ( 2 U.S.C. 634(b) ) is amended— (A) in paragraph (1)(A), by striking the budget year and inserting the biennium ; (B) in paragraph (1)(B), by striking the fiscal year and inserting the biennium ; and (C) in paragraph (2), by inserting (or June 1 whenever section 300(b) is applicable) . (3) Application to the senate Section 303(c)(1) of such Act ( 2 U.S.C. 634(c) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) striking that year and inserting each fiscal year of that biennium . (f) Permissible Revisions of Concurrent Resolutions on the Budget Section 304 of such Act ( 2 U.S.C. 635 ) is amended— (1) by striking fiscal year the first two places it appears and inserting biennium ; (2) by striking for such fiscal year ; and (3) by inserting before the period for such biennium . (g) Procedures for Consideration of Budget Resolutions Section 305(a)(3) of such Act ( 2 U.S.C. 636(b)(3) ) is amended by striking fiscal year and inserting biennium . (h) Completion of House Committee Action on Appropriation Bills Section 307 of such Act ( 2 U.S.C. 638 ) is amended— (1) by striking each year and inserting each odd-numbered year (or, if applicable, as provided by section 300(b), July 1) ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking that year and inserting each odd-numbered year . (i) Quarterly Budget Reports Section 308 of such Act ( 2 U.S.C. 639 ) is amended by adding at the end the following new subsection: (d) Quarterly Budget Reports The Director of the Congressional Budget Office shall, as soon as practicable after the completion of each quarter of the fiscal year, prepare an analysis comparing revenues, spending, and the deficit or surplus for the current fiscal year to assumptions included in the congressional budget resolution. In preparing this report, the Director of the Congressional Budget Office shall combine actual budget figures to date with projected revenue and spending for the balance of the fiscal year. The Director of the Congressional Budget Office shall include any other information in this report that it deems useful for a full understanding of the current fiscal position of the Federal Government. The reports mandated by this subsection shall be transmitted by the Director to the Senate and House Committees on the Budget, and the Congressional Budget Office shall make such reports available to any interested party upon request. . (j) Completion of House Action on Regular Appropriation Bills Section 309 of such Act ( 2 U.S.C. 640 ) is amended— (1) by striking It and inserting Except whenever section 300(b) is applicable, it ; (2) by inserting of any odd-numbered calendar year after July ; (3) by striking annual and inserting biennial ; and (4) by striking fiscal year and inserting biennium . (k) Reconciliation Process Section 310 of such Act ( 2 U.S.C. 641 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking any fiscal year and inserting any biennium ; (2) in subsection (a)(1), by striking such fiscal year each place it appears and inserting any fiscal year covered by such resolution ; and (3) by striking subsection (f) and redesignating subsection (g) as subsection (f). (l) Section 311 Point of Order (1) In the house Section 311(a)(1) of such Act ( 2 U.S.C. 642(a) ) is amended— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking the first fiscal year each place it appears and inserting either fiscal year of the biennium ; and (C) by striking that first fiscal year and inserting each fiscal year in the biennium . (2) In the senate Section 311(a)(2) of such Act is amended— (A) in subparagraph (A), by striking for the first fiscal year and inserting for either fiscal year of the biennium ; and (B) in subparagraph (B)— (i) by striking that first fiscal year the first place it appears and inserting each fiscal year in the biennium ; and (ii) by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years . (3) Social security levels Section 311(a)(3) of such Act is amended by— (A) striking for the first fiscal year and inserting each fiscal year in the biennium ; and (B) striking that fiscal year and the ensuing fiscal years and inserting all fiscal years . (m) Maximum Deficit Amount Point of Order Section 312(c) of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 ) is amended— (1) by striking for a fiscal year and inserting for a biennium ; (2) in paragraph (1), by striking first fiscal year and inserting either fiscal year in the biennium ; (3) in paragraph (2), by striking that fiscal year and inserting either fiscal year in the biennium ; and (4) in the matter following paragraph (2), by striking that fiscal year and inserting the applicable fiscal year . 4. Amendments to rules of House of Representatives (a) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives is amended by inserting odd-numbered after each . (b) Clause 4(a)(4) of rule X of the Rules of the House of Representatives is amended by striking fiscal year and inserting biennium . (c) Clause 4(b)(2) of rule X of the Rules of the House of Representatives is amended by striking each fiscal year and inserting the biennium . (d) Clause 4(b) of rule X of the Rules of the House of Representatives is amended by striking and at the end of subparagraph (5), by striking the period and inserting ; and at the end of subparagraph (6), and by adding at the end the following new subparagraph: (7) use the second session of each Congress to study issues with long-term budgetary and economic implications, which would include— (A) hold hearings to receive testimony from committees of jurisdiction to identify problem areas and to report on the results of oversight; and (B) by January 1 of each odd-number year, issuing a report to the Speaker which identifies the key issues facing the Congress in the next biennium. . (e) Clause 11(i) of rule X of the Rules of the House of Representatives is amended by striking during the same or preceding fiscal year . (f) Clause 4(e) of rule X of the Rules of the House of Representatives is amended by striking annually each place it appears and inserting biennially and by striking annual and inserting biennial . (g) Clause 4(f) of rule X of the Rules of the House of Representatives is amended— (1) by inserting during each odd-numbered year after the submission of budget by the President ; (2) by striking fiscal year the first place it appears and inserting biennium ; and (3) by striking that fiscal year and inserting each fiscal year in such ensuing biennium . (h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives is amended by striking five both places it appears and inserting six . (i) Clause 5(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking fiscal year after September 15 in the preceding fiscal year and inserting biennium after September 15 of the year in which such biennium begins . 5. Amendments to title 31 , United States Code (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: (3) biennium has the meaning given to such term in paragraph (12) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622(12) ). . (b) Budget Contents and Submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Fourteenth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget the following: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (5) Government functions and activities Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking the fiscal year and inserting each fiscal year in the biennium . (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (7) Allowances for unanticipated and uncontrollable expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year and inserting each fiscal year in the biennium for which the budget is submitted . (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (9) Estimates for future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year and inserting each fiscal year in the biennium following the biennium ; (B) by striking that following fiscal year and inserting each such fiscal year ; and (C) by striking fiscal year before the fiscal year and inserting biennium before the biennium . (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years, ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year and inserting in those fiscal years . (11) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year each place it appears and inserting in those fiscal years . (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year and inserting each even numbered year . (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for the first place it appears and inserting each fiscal year in the biennium for ; (2) by striking the fiscal year for the second place it appears and inserting each fiscal year of the biennium, as the case may be, ; and (3) by striking that year and inserting for each year of the biennium . (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year and inserting biennium to which such budget relates . (f) Supplemental Budget Estimates and Changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting and before February 15 of each even numbered year after Before July 16 of each year ; and (ii) striking fiscal year and inserting biennium ; (B) in paragraph (1), by striking that fiscal year and inserting each fiscal year in such biennium ; (C) in paragraph (2), by striking 4 fiscal years following the fiscal year and inserting 4 fiscal years following the biennium ; and (D) in paragraph (3), by striking fiscal year and inserting biennium . (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) striking the fiscal year and inserting each fiscal year in the biennium ; and (B) inserting and before February 15 of each even numbered year after Before July 16 of each year . (g) Current Programs and Activities Estimates (1) The president Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) and inserting At the same time the budget required by section 1105 is submitted for a biennium ; and (B) by striking the following fiscal year and inserting each fiscal year of such period . (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking March 1 of each year and inserting within 6 weeks of the President’s budget submission for each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974) . (h) Year-Ahead Requests for Authorizing Legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 and inserting March 31 ; and (2) striking year before the year in which the fiscal year begins and inserting calendar year preceding the calendar year in which the biennium begins . 6. Two-year appropriations; title and style of appropriations Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations Acts (a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium). . (b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period. (c) For purposes of this section, the term biennium has the same meaning as in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622(12) ). . 7. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Multiyear authorizations of appropriations (a) Point of Order (1) (A) It shall not be in order in the House of Representatives or the Senate to consider any measure that contains a specific authorization of appropriations for any purpose unless the measure includes such a specific authorization of appropriations for that purpose for not less than each fiscal year in one or more bienniums. (B) For purposes of this paragraph, a specific authorization of appropriations is an authorization for the enactment of an amount of appropriations or amounts not to exceed an amount of appropriations (whether stated as a sum certain, as a limit, or as such sums as may be necessary) for any purpose for a fiscal year. (2) Paragraph (1) does not apply with respect to an authorization of appropriations for a single fiscal year for any program, project, or activity if the measure containing that authorization includes a provision expressly stating the following: Congress finds that no authorization of appropriation will be required for [Insert name of applicable program, project, or activity] for any subsequent fiscal year. . (3) For purposes of this subsection, the term measure means a bill, joint resolution, amendment, motion, or conference report. . (b) Amendment to Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item: Sec. 316. Multiyear authorizations of appropriations. . 8. Government strategic and performance plans on a biennial basis (a) Strategic Plans Section 306 of title 5, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2016 ; (2) in subsection (b)— (A) by striking at least every three years and inserting at least every 4 years ; and (B) by striking five years forward and inserting six years forward ; and (3) in subsection (c), by inserting a comma after section the second place it appears and adding including a strategic plan submitted by September 30, 2016, meeting the requirements of subsection (a) . (b) Budget Contents and Submission to Congress Paragraph (28) of section 1105(a) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a and inserting beginning with fiscal year 2018, a biennial . (c) Performance Plans Section 1115 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in the matter before paragraph (1) by striking an annual and inserting a biennial ; (B) in paragraph (1) by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (C) in paragraph (5) by striking and after the semicolon; (D) in paragraph (6) by striking the period and inserting a semicolon; and inserting and after the inserted semicolon; and (E) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. ; (2) in subsection (d) by striking annual and inserting biennial ; and (3) in paragraph (6) of subsection (f) by striking annual and inserting biennial . (d) Managerial Accountability and Flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking Beginning with fiscal year 1999, the and inserting Beginning with fiscal year 2018, the biennial and by striking annual ; and (B) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; (2) in subsection (e)— (A) in the first sentence by striking one or before years ; (B) in the second sentence by striking a subsequent year and inserting for a subsequent 2-year period ; and (C) in the third sentence by striking three and inserting four . (e) Pilot Projects for Performance Budgeting Section 1119 of title 31, United States Code, is amended— (1) in paragraph (1) of subsection (d), by striking annual and inserting biennial ; and (2) in subsection (e), by striking annual and inserting biennial . (f) Strategic Plans Section 2802 of title 39, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2016 ; (2) in subsection (b), by striking at least every three years and inserting at least every 4 years ; (3) by striking five years forward and inserting six years forward ; and (4) in subsection (c), by inserting a comma after section the second place it appears and inserting including a strategic plan submitted by September 30, 2016, meeting the requirements of subsection (a) . (g) Performance Plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual and inserting a biennial ; (2) in paragraph (1), by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (3) in paragraph (5), by striking and after the semicolon; (4) in paragraph (6), by striking the period and inserting ; and ; and (5) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. . (h) Committee Views of Plans and Reports Section 301(d) of the Congressional Budget Act ( 2 U.S.C. 632(d) ) is amended by adding at the end Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports, required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. . (i) Effective Date (1) In general The amendments made by this section shall take effect on September 30, 2016. (2) Agency actions Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by it. 9. Biennial appropriation bills (a) In the House of Representatives (1) Clause 2(a) of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) (A) Except as provided by subdivision (B), an appropriation may not be reported in a general appropriation bill (other than a supplemental appropriation bill), and may not be in order as an amendment thereto, unless it provides new budget authority or establishes a level of obligations under contract authority for each fiscal year of a biennium. (B) Subdivision (A) does not apply with respect to an appropriation for a single fiscal year for any program, project, or activity if the bill or amendment thereto containing that appropriation includes a provision expressly stating the following: Congress finds that no additional funding beyond one fiscal year will be required and the [Insert name of applicable program, project, or activity] will be completed or terminated after the amount provided has been expended. . (C) For purposes of paragraph (b), the statement set forth in subdivision (B) with respect to an appropriation for a single fiscal year for any program, project, or activity may be included in a general appropriation bill or amendment thereto. . (2) Clause 5(b)(1) of rule XXII of the House of Representatives is amended by striking or (c) and inserting or (3) or 2(c) . (b) In the Senate (1) Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. ), as amended by section 7, is further amended by adding at the end the following: 317. Consideration of biennial appropriation bills It shall not be in order in the Senate in any odd-numbered year to consider any regular appropriation bill providing new budget authority or a limitation on obligations under the jurisdiction of the Committee on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended. . (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 316 the following new item: Sec. 317. Consideration of biennial appropriation bills. . 10. Assistance by Federal agencies to standing committees of the Senate and the House of Representatives (a) Information Regarding Agency Appropriations Requests To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of each Federal agency which administers the laws or parts of laws under the jurisdiction of such committee shall provide to such committee such studies, information, analyses, reports, and assistance as may be requested by the chairman and ranking minority member of the committee. (b) Information Regarding Agency Program Administration To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of any agency shall furnish to such committee documentation, containing information received, compiled, or maintained by the agency as part of the operation or administration of a program, or specifically compiled pursuant to a request in support of a review of a program, as may be requested by the chairman and ranking minority member of such committee. (c) Summaries by Comptroller General Within thirty days after the receipt of a request from a chairman and ranking minority member of a standing committee having jurisdiction over a program being reviewed and studied by such committee under this section, the Comptroller General of the United States shall furnish to such committee summaries of any audits or reviews of such program which the Comptroller General has completed during the preceding six years. (d) Congressional Assistance Consistent with their duties and functions under law, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Director of the Congressional Research Service shall continue to furnish (consistent with established protocols) to each standing committee of the House of Representatives or the Senate such information, studies, analyses, and reports as the chairman and ranking minority member may request to assist the committee in conducting reviews and studies of programs under this section. 11. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate and the Committee on Rules of the House of Representatives. 12. Special transition period for the 114th Congress (a) President’s Budget Submission for Fiscal Year 2016 The budget submission of the President pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2016 shall include the following: (1) An identification of the budget accounts for which an appropriation should be made for each fiscal year of the fiscal year 2016–2017 biennium. (2) Budget authority that should be provided for each such fiscal year for the budget accounts identified under paragraph (1). (b) Review and Recommendations of the Committees on Appropriations The Committee on Appropriations of the House of Representatives and the Senate shall review the items included pursuant to subsection (a) in the budget submission of the President for fiscal year 2016 and include its recommendations thereon in its views and estimates made under section 301(d) of the Congressional Budget Act of 1974 within 6 weeks of that budget submission. (c) Actions by the Committees on the Budget (1) The Committee on the Budget of the House of Representatives and the Senate shall review the items included pursuant to subsection (a) in the budget submission of the President for fiscal year 2016 and the recommendations submitted by the Committee on Appropriations of its House pursuant to subsection (b) included in its views and estimates made under section 301(d) of the Congressional Budget Act of 1974. (2) The report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget for fiscal year 2016 and the joint explanatory statement of managers accompanying such resolution shall also include allocations to the Committee on Appropriations of its House of total new budget authority and total outlays (which shall be deemed to be made pursuant to section 302(a) of the Congressional Budget Act of 1974 for purposes of budget enforcement under section 302(f)) for fiscal year 2015 from which the Committee on Appropriations may report regular appropriation bills for fiscal year 2016 that include funding for certain accounts for each of fiscal years 2016 and 2017. (3) The report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget for fiscal year 2016 and the joint explanatory statement of managers accompanying such resolution shall also include the assumptions upon which such allocations referred to in paragraph (2) are based. (d) GAO Programmatic Oversight Assistance (1) During the first session of the 114th Congress the committees of the House of Representatives and the Senate are directed to work with the Comptroller General of the United States to develop plans to transition program authorizations to a multi-year schedule. (2) During the 114th Congress, the Comptroller General of the United States will continue to provide assistance to the Congress with respect to programmatic oversight and in particular will assist the committees of Congress in designing and conforming programmatic oversight procedures for the fiscal year 2016–2017 biennium. (e) CBO Authorization Report On or before January 15, 2016, the Director of the Congressional Budget Office, after consultation with the appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during fiscal year 2016 for which authorizations for appropriations have not been enacted for that fiscal year and (B) all programs and activities funded during fiscal year 2016 for which authorizations for appropriations will expire during that fiscal year, fiscal year 2017, or fiscal year 2018. (f) President’s Budget Submission for Fiscal Year 2017 The budget submission of the President pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2017 shall include an evaluation of, and recommendations regarding, the transitional biennial budget process for the fiscal year 2016–2017 biennium that was carried out pursuant to this section. (g) CBO Transitional Report On or before March 31, 2016, the Director of the Congressional Budget Office shall submit to Congress an evaluation of, and recommendations regarding, the transitional biennial budget process for the fiscal year 2016–2017 biennium that was carried out pursuant to this section. 13. Treatment of supplemental appropriation measures Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: (g) Supermajority requirement for supplemental appropriations In the House of Representatives or the Senate, any bill or joint resolution making supplemental appropriations, or an amendment thereto or conference report thereon, may not be considered as passed or agreed to unless so determined by a vote of not less than three-fifths of the Members voting, a quorum being present. . 14. Effective date Except as provided by sections 8, 11, and 12, this Act and the amendments made by it shall take effect on January 1, 2017, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr1762ih/xml/BILLS-113hr1762ih.xml |
113-hr-1763 | I 113th CONGRESS 1st Session H. R. 1763 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. Titus (for herself, Mrs. Davis of California , Ms. Wilson of Florida , Mr. Price of North Carolina , Mrs. Capps , Ms. Waters , Ms. Roybal-Allard , Mr. Lowenthal , Mr. Honda , Mr. Heck of Washington , Ms. DelBene , Mr. Petri , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to establish and administer an awards program recognizing excellence exhibited by public school system employees providing services to students in pre-kindergarten through higher education.
1. Short title This Act may be cited as the Recognizing Achievement in Classified School Employees Act . 2. Findings The Congress finds as follows: (1) The term classified school employee refers to employees working in pre-kindergarten through higher education, in the following nine job families: (A) Paraprofessionals. (B) Clerical services. (C) Custodial and maintenance services. (D) Transportation services. (E) Food services. (F) Skilled trades. (G) Health and student services. (H) Security services. (I) Technical services. (2) Classified school employees provide valuable service to public schools in the United States. (3) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service, safety, and health care. (4) Classified school employees play a vital role in providing for the welfare and safety of students. (5) Classified school employees strive for excellence in all areas of service to the education community. (6) Exemplary classified school employees should be recognized for their outstanding contributions to quality education in the United States. 3. Recognition program established (a) In general The Secretary of Education shall establish and administer a national recognition program to be known as the National Classified School Employees of the Year Awards . The purpose of the program shall be to recognize and promote the commitment and excellence exhibited by employees within certain occupational specialties in public schools who provide exemplary service to students in pre-kindergarten through higher education. (b) Occupational specialties (1) In general The occupational specialties referred to in subsection (a) are the following: (A) Paraprofessionals. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Number of awards Prior to March 31 of each year (beginning with the second calendar year that begins after the date of the enactment of this Act), the Secretary shall select an employee from each occupational specialty described in paragraph (1) to receive an award under the recognition program. (c) Selection process (1) Nomination process Not later than November 1 of each year (beginning with the first calendar year that begins after the date of the enactment of this Act), the Secretary shall solicit nominations from each occupational specialty described in subsection (b)(1) from the chief State school officer of each State. The chief State school officer of each State shall consider nominations submitted by the following: (A) Local educational agencies. (B) School administrators. (C) Professional associations. (D) Labor unions. (E) Any other group determined appropriate by the Secretary. (2) Demonstration Each nomination shall be submitted to the Secretary by a chief State school officer in such manner as the Secretary may require and shall contain, at a minimum, demonstrations of excellence in the following areas: (A) Work performance. (B) School and community involvement. (C) Leadership and commitment. (D) Local support. (E) Enhancement of classified school employees’ image in the community and schools. (F) Any other area of superior performance, such as health and safety promotion or efficient use of energy or other resources. (3) Selection The Secretary shall develop uniform national guidelines for evaluating nominations submitted under paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph. (d) Definitions The terms used in this Act shall have the meaning given such terms in section 9101 of the Elementary and Secondary Education Act 1965 ( 20 U.S.C. 7801 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1763ih/xml/BILLS-113hr1763ih.xml |
113-hr-1764 | I 113th CONGRESS 1st Session H. R. 1764 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Lucas (for himself, Mr. Nugent , Mr. Mullin , Mr. LaMalfa , Mr. Griffith of Virginia , and Mr. Posey ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To limit the amount of ammunition purchased or possessed by certain Federal agencies for a 6-month period.
1. Short title This Act may be cited as the Ammunition Management for More Obtainability Act of 2013 . 2. Prohibition on purchasing ammunition (a) Definitions In this section— (1) the term agency has the meaning given that term in section 551 of title 5, United States Code; (2) the term ammunition has the meaning given that term in section 921 of title 18, United States Code; and (3) the term covered agency — (A) means an agency; and (B) does not include the Department of Defense. (b) Prohibition During the 6-month period beginning on the date of enactment of this Act, a covered agency may not purchase during any month or possess, at any one time, more rounds of ammunition than the monthly average of the number of rounds of ammunition purchased by the covered agency during the period beginning on January 1, 2001 and ending on December 31, 2009. (c) GAO report Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding the purchasing of ammunition by agencies, which shall include an assessment of the effect of the purchasing of ammunition by agencies on the supply of ammunition available to the public. | https://www.govinfo.gov/content/pkg/BILLS-113hr1764ih/xml/BILLS-113hr1764ih.xml |
113-hr-1765 | I One Hundred Thirteenth Congress of the United States of America At the First Session Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen H. R. 1765 AN ACT To provide the Secretary of Transportation with the flexibility to transfer certain funds to prevent reduced operations and staffing of the Federal Aviation Administration, and for other purposes.
1. Short title This Act may be cited as the Reducing Flight Delays Act of 2013 . 2. Authorization to transfer certain funds to prevent reduced operations and staffing of the Federal Aviation Administration (a) In general Notwithstanding division G of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), any other provision of law, or a sequestration order issued or to be issued by the President pursuant to section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a(7)(A) ), the Secretary of Transportation may transfer during fiscal year 2013 an amount equal to the amount specified in subsection (c) to the appropriations accounts providing for the operations of the Federal Aviation Administration, for any activity or activities funded by that account, from— (1) the amount made available for obligation in that fiscal year as discretionary grants-in-aid for airports pursuant to section 47117(f) of title 49, United States Code; or (2) any other program or account of the Federal Aviation Administration. (b) Availability and obligation of transferred amounts An amount transferred under subsection (a)(1) shall— (1) be available immediately for obligation and expenditure as directly appropriated budget authority; and (2) be deemed as obligated for grants-in-aid for airports under part B of subtitle VII of title 49, United States Code, for purposes of complying with the limitation on incurring obligations during that fiscal year under the heading Grants-in-Aid for Airports under title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ; 125 Stat. 647), and made applicable to fiscal year 2013 by division F of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ). (c) Amount specified The amount specified in this subsection is the amount, not to exceed $253,000,000, that the Secretary of Transportation determines to be necessary to prevent reduced operations and staffing of the Federal Aviation Administration during fiscal year 2013 to ensure a safe and efficient air transportation system; and provided that none of the funds transferred under this subsection may be obligated unless the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate at least 5 days in advance of such transfer.
Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-113hr1765enr/xml/BILLS-113hr1765enr.xml |
113-hr-1766 | I 113th CONGRESS 1st Session H. R. 1766 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Ms. Waters introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the application of the sequestration to funds associated with the operation of air traffic control towers, and for other purposes.
1. Short title This Act may be cited as the Safe and Reliable Air Travel Act of 2013 . 2. Findings Congress finds the following: (1) Sequestration is having a devastating effect on the Nation’s air traffic control system. (2) Sequestration imposes a reduction in funding of $637 million on the Federal Aviation Administration (FAA) for the remainder of fiscal year 2013. (3) The FAA plans to furlough the vast majority of the FAA’s nearly 47,000 employees, including nearly 15,000 air traffic controllers, for approximately one day during each two-week pay period in order to comply with sequestration. (4) The furloughs began on Sunday, April 21, 2013, and are scheduled to continue through the end of the fiscal year on September 30, 2013. Approximately 10 percent of the FAA’s air traffic controllers are expected to be on furlough on any given day during this period. (5) The furloughs are causing hundreds of flights to be delayed, resulting in scheduling difficulties for airlines and inconveniences for passengers. (6) The FAA reported that approximately 400 flights were delayed nationwide on April 21, 2013, as a result of the furloughs. (7) The FAA reported that more than 1,200 flights were delayed nationwide on April 22, 2013, as a result of the furloughs. (8) More delays are expected in the coming months during the peak summer travel season. (9) The effects of multiple flight delays at airports across the Nation can be compounded as delays at one airport cause planes to arrive late at other airports and also cause passengers to miss connecting flights. (10) Air carriers operating in United States air space transport more than 700 million passengers every year. (11) Civil aviation accounts for 10 million jobs, is responsible for more than 5 percent of the United States gross domestic product, and contributes $1.3 trillion to the economy every year. (12) Businesses of all sizes depend upon a reliable commercial air transportation system. Business travelers account for millions of trips each month. (13) Flight delays for business travelers interfere with business plans and result in business meetings being delayed, cancelled, or missed. (14) Flight delays affecting the transportation of air cargo also interfere with business. (15) The Nation’s economy depends upon a reliable commercial air transportation system. (16) The FAA also plans to close 149 air traffic control towers at small airports across the Nation on June 15, 2013, in order to comply with sequestration. Despite their size, these airports are an important part of the Nation’s air transportation system and economy. (17) Air traffic control is a critical government function that is necessary to ensure the safety of air travel and the flying public. (18) Inadequate staffing of airport control towers poses a serious threat to public safety. (19) Without the service of experienced air traffic controllers in all of the Nation’s Federal air traffic control towers, there is an increased risk of accidents involving planes during departure, flight, and landing. Such accidents could result in a tragic loss of life. (20) The sequestration of funds associated with the operation of air traffic control towers by the FAA interferes with the safety, reliability, and efficiency of the Nation’s air transportation system. (21) The operation of air traffic control towers by the FAA, including the compensation paid to air traffic control personnel employed by the FAA, should be exempted from sequestration. 3. Exemption from sequestration for operation of air traffic control towers (a) In general Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905 ) is amended by adding at the end the following new subsection: (k) Operation of air traffic control towers The following funds shall be exempt from reduction under any order issued under this part: (1) Funds made available for the operation of air traffic control towers by the Federal Aviation Administration, including compensation paid to air traffic control personnel employed by the Federal Aviation Administration. (2) Funds made available for the operation of contract air traffic control towers under section 47124 of title 49, United States Code. . (b) Effective date The amendment made by section 1 shall apply to the Presidential sequestration order for fiscal year 2013 issued under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) and any subsequent sequestration order issued under that Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1766ih/xml/BILLS-113hr1766ih.xml |
113-hr-1767 | I 113th CONGRESS 1st Session H. R. 1767 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Ms. Waters (for herself, Mr. Watt , Mr. Meeks , Mr. Clay , Mr. Lynch , Mr. Ellison , Mr. Himes , Mr. Peters of Michigan , Mr. Foster , and Mr. Markey ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude from consumer credit reports medical debt that has been in collection and has been fully paid or settled, and for other purposes.
1. Short title This Act may be cited as the Medical Debt Responsibility Act of 2013 . 2. Findings and purpose (a) Findings Congress finds that— (1) medical debt is unique, and Americans do not choose when accidents happen or when illness strikes; (2) medical debt collection issues affect both insured and uninsured consumers; (3) according to credit evaluators, medical debt collections are more likely to be in dispute, inconsistently reported, and of questionable value in predicting future payment performance because it is atypical and nonpredictive; (4) nevertheless, medical debt that has been completely paid off or settled can significantly damage the credit score of a consumer for years; (5) as a result, consumers may be denied credit or pay higher interest rates when buying a home or obtaining a credit card; (6) healthcare providers are increasingly turning to outside collection agencies to help secure payment from patients, coming at the expense of the consumer, because medical debts are not typically reported unless they become assigned to collections; (7) in fact, medical bills account for more than half of all non-credit related collection actions reported to consumer credit reporting agencies; (8) the issue of medical debt affects millions of consumers; (9) according to the Commonwealth Fund, medical bill problems or accrued medical debt affects roughly 73,000,000 working-age adults in America; and (10) in 2010, 30,000,000 working-age American adults were contacted by a collection agency for unpaid medical bills. (b) Purpose It is the purpose of this Act to exclude from consumer credit reports medical debt that had been characterized as debt in collection for credit reporting purposes and has been fully paid or settled. 3. Amendments to fair credit reporting Act (a) Medical debt defined Section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ) is amended by adding at the end the following: (z) Medical debt The term medical debt means a debt described in section 604(g)(1)(C). . (b) Exclusion for paid or settled medical debt Section 605(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a) ) is amended by adding at the end the following: (7) Any information related to a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection which, from the date of payment or settlement, antedates the report by more than 45 days. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1767ih/xml/BILLS-113hr1767ih.xml |
113-hr-1768 | I 113th CONGRESS 1st Session H. R. 1768 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Royce (for himself, Ms. Ros-Lehtinen , Mr. Chabot , Mr. McCaul , Mr. Poe of Texas , Mr. Salmon , Mr. Kinzinger of Illinois , Mr. Cotton , Mr. Holding , Mr. Weber of Texas , Mr. Perry , Mr. DeSantis , Mr. Radel , Mr. Collins of Georgia , Mr. Meadows , Mr. Messer , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Diplomatic Security Act to require certain notifications to Congress of Accountability Review Boards of the Department of State, avoid conflicts of interest of the members of such Boards, require actions with respect to reports from such Boards, and for other purposes.
1. Short title This Act may be cited as the Accountability Review Board Reform Act of 2013 . 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) The United States has a crucial stake in supporting the presence abroad of United States Government personnel representing United States interests. (2) United States Government personnel and missions abroad are confronted by serious security risks, including the threat of terrorism, which will continue for the foreseeable future. (3) The Accountability Review Board process was established in 1986 by Congress to conduct a thorough assessment of security-related incidents at or related to a United States Government mission abroad. (4) Each assessment by a Board is expected to promote strengthened security measures, and to provide for the accountability of United States Government personnel with security-related responsibilities. (5) The terrorist attack in Benghazi, Libya, on September 11, 2012, that took the lives of four United States Government personnel has brought unprecedented attention to the work of such Boards. (b) Sense of Congress It is the sense of Congress that the effectiveness of Accountability Review Boards would be improved by reconstituting such Boards to increase their independence from the Department of State. 3. Notification to Congress about certain information relating to accountability review boards of the Department of State Subsection (c) of section 301 of the Omnibus Diplomatic Security and Antiterrorism Act ( 22 U.S.C. 4831 ) is amended— (1) in the matter preceding paragraph (1), by inserting , the Chairman of the Committee on Foreign Affairs of the House of Representatives, after the Committee on Foreign Relations of the Senate ; and (2) in paragraph (2), by striking and at the end; (3) by redesignating paragraph (3) as paragraph (5); and (4) by inserting after paragraph (2) the following new paragraphs: (3) of any individual who is employed at a grade of not lower than the level of FS-3 or GS-14 who is hired, assigned, or detailed to assist the Board to carry out its duties; (4) of any political appointee who is hired, assigned, or detailed to assist the Board to carry out its duties; and . 4. Accountability review boards (a) Membership Subsection (a) of section 302 of the Omnibus Diplomatic Security and Antiterrorism Act ( 22 U.S.C. 4832 ) is amended— (1) by striking the first sentence and inserting the following new sentence: A Board shall consist of five members, two appointed by the Secretary of State, two appointed by the Chairperson of the Council of Inspectors General on Integrity and Efficiency (the CIGIE Chairperson), and one appointed by the Director of National Intelligence. ; and (2) by striking the final two sentences and inserting the following new sentences: Members of a Board who are not Federal officers or employees shall each be paid at a rate not to exceed the maximum rate of basic pay payable for level IV of the Executive Schedule under section 5317 of title 5, United States Code, for each day (including travel time) during which such members are engaged in the actual performance of duties vested in such Board. Members of the Board who are Federal officers or employees shall receive no additional pay by reason of such membership. Only in exceptional circumstances may a member of a Board be a current Federal officer or employee. . (b) Staff Paragraph (2) of subsection (b) of section 302 of the Omnibus Diplomatic Security and Antiterrorism Act is amended to read as follows: (2) Staff (A) In general A Board may hire staff to assist the Board, and may have any Federal Government employee assigned or detailed to such Board, with or without reimbursement, to assist such Board. Any such assignee or detailee shall retain without interruption the rights, status, and privileges of his or her regular employment. (B) Special rule Any individual who is hired, assigned, or detailed to assist a Board under subparagraph (A) shall be subject to the rule relating to the avoidance of conflicts of interest under subsection (a) in the same manner and to the same extent as a Member of such a Board is subject to such avoidance under such subsection. (C) Office of the Inspector General To the maximum extent practicable, individuals assisting the Board shall be employees of the Office of the Inspector General of the Department of State. . (c) Conflicts of interest Section 302 of the Omnibus Diplomatic Security and Antiterrorism Act is amended by adding at the end the following new subsections: (c) Avoidance of conflicts of interest (1) In general The Secretary of State, the CIGIE Chairperson, and the Director of National Intelligence may not appoint any individual as a member of a Board if the Secretary, the CIGIE Chairperson, or the Director, as the case may be, determines that such individual has a conflict of interest concerning a person whose performance such Board reasonably could be expected to review. (2) Declining appointment An individual shall decline appointment to membership on a Board if such individual has actual knowledge of a conflict of interest concerning a person whose performance such Board could reasonably be expected to review. (3) Recusal from particular activities A member of a Board shall recuse him or herself from any Board activity, interview, deposition, or recommendation concerning a person with whom such member has a conflict of interest. Such member shall promptly notify the other members of such Board of any such recusal, but need not state the basis therefor. (d) Conflict of interest defined In this section, the term conflict of interest means one of the following relationships, whether current or former, that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the parties to such relationship toward each other: (1) A business, contractual, or other financial relationship that involves other than a routine consumer transaction. (2) A familial, member of household, or other close personal relationship, including a social relationship of a romantic or intimate nature. (3) A direct managerial or supervisory workplace relationship. . 5. Evidence Subsection (a) of section 303 of the Omnibus Diplomatic Security and Antiterrorism Act ( 22 U.S.C. 4833 ) is amended by adding at the end the following new paragraph: (4) Determination of relevancy The Board may accept any evidence determined by a member of the Board to be relevant and material to an investigation or inquiry of the Board. The Federal Rules of Evidence are not applicable to the Board. . 6. Board actions (a) Program recommendations Subsection (b) of section 304 of the Omnibus Diplomatic Security and Antiterrorism Act ( 22 U.S.C. 4834 ) is amended to read as follows: (b) Program recommendations (1) In general Except as provided in paragraph (2), not later than 90 days after a Board is convened in a case, such Board shall submit to the Secretary of State and Congress its findings (which may be classified to the extent determined necessary by the Board), together with recommendations as appropriate to improve the security and efficiency of any program or operation which such Board has reviewed. (2) Extension The 90 day period referred to in paragraph (1) may be extended for up to 60 days if the Chairperson of the Board referred to in such paragraph determines that such additional time is necessary to complete a thorough review of the program or operation at issue. (3) Dissenting views If a member dissents from any of the findings or recommendations of the Board, such member may submit dissenting views to accompany the submission of the Board’s findings and recommendations under paragraph (1). . (b) Reports Paragraph (1) of subsection (d) of section 304 of the Omnibus Diplomatic Security and Antiterrorism Act is amended to read as follows: (1) Program recommendations Not later than 90 days after the submission to the Secretary of State of the findings and recommendations from any Board in accordance with subsection (b), the Secretary shall submit to Congress a corresponding report on the action taken with respect to each such recommendation. . 7. Regulations The Secretary of State shall promulgate or update regulations, as the case may be, to carry out the amendments made by this Act. 8. Effective date The amendments made by this Act shall apply with respect to any case of an Accountability Review Board that is convened under section 301 of the Omnibus Diplomatic Security and Antiterrorism Act ( 22 U.S.C. 4831 ) on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1768ih/xml/BILLS-113hr1768ih.xml |
113-hr-1769 | I 113th CONGRESS 1st Session H. R. 1769 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Richmond introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To improve energy infrastructure resilience through federal water resource investments, and for other purposes.
1. Short title This Act may be cited as the Recognizing the National Benefits of Flood Protection Act of 2013 . 2. Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects (a) Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects A feasibility study for a project for flood damage reduction or hurricane and storm damage reduction shall include, as part of the calculation of benefits and costs— (1) a calculation of the anticipated reduction in flood or hurricane damage to public and private property and infrastructure resulting from the completion of the proposed project; (2) a calculation of the anticipated direct and indirect economic benefits resulting from the completion of the proposed project, including such benefits from any potential reductions in national and regional economic volatility, disruptions, and losses; and (3) a calculation of the anticipated benefits to public safety, including protection of evacuation routes, resulting from the completion of the proposed project. (b) Applicability This section shall apply to any feasibility study for a project for flood damage reduction or hurricane and storm damage reduction that has not been completed before the date of enactment of this Act. 3. Flood damage reduction and hurricane and storm damage reduction project reviews (a) In general The non-Federal interest for a project for flood damage reduction or hurricane and storm damage reduction may submit to the Secretary a request for a review under this section for the project if— (1) the Secretary determines that the project is not feasible; (2) the Chief of Engineers issues an unfavorable report for the project; or (3) the Secretary identifies the feasibility study for the project as inactive. (b) Review panels (1) Establishment The Secretary shall establish, for each division of the Corps of Engineers, a review panel to conduct reviews and make determinations under this section. (2) Membership (A) In general The Secretary shall appoint to each review panel 5 members— (i) each of whom shall have relevant experience in flood damage reduction or hurricane and storm damage reduction in the geographic area represented by the division for which the review panel is established; and (ii) at least one of whom shall have education or experience in the field of economics. (B) Limitation Not more than 2 members of each review panel may be employees (including uniformed members) or contractors of the Corps of Engineers. (C) Term Each member shall be appointed to a review panel for a term of 4 years. (3) Deadline The Secretary shall establish a review panel for a division not later than 60 days after the first request for a review under this section is submitted for a project within the division. (4) Duties A review panel established under this section shall, with respect to each request for a review submitted to the Secretary for a project within the division for which the review panel is established— (A) conduct a review of— (i) the feasibility study for the project; (ii) the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Secretary in the preparation of the feasibility study for the project; (iii) the public written and oral comments provided to the Secretary for the project; and (iv) any additional information submitted by the non-Federal interest as part of the request for a review; and (B) submit to the Secretary a final report containing— (i) an economic, engineering, and environmental analysis of the feasibility study for the project, including an assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Secretary in the preparation of the feasibility study; and (ii) a determination of the feasibility of the project, taking into account calculations of costs and benefits described in section 2(a). (c) Effect of review panel determination If a review panel determines that a project for which a request for a review has been submitted is feasible, the Chief of Engineers shall issue a favorable report for the project. (d) Procedures Not later than 60 days after the date of enactment of this Act, the Secretary shall establish procedures for reviews under this section. 4. Priority for feasibility studies In carrying out feasibility studies for projects for flood damage reduction and hurricane and storm damage reduction each year, the Secretary shall give priority to the completion of such studies for projects in areas that have experienced flooding or hurricane damage during the preceding 10 years. 5. Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives an analysis of the connection between Corps of Engineers projects for flood damage reduction, hurricane and storm damage reduction, and navigation and the protection of energy infrastructure. 6. Secretary defined In this Act, the term Secretary means the Secretary of the Army, acting through the Chief of Engineers. 7. Applicability This Act shall not apply to any project primarily designed for the purposes of navigational improvements on the Nation's system of inland waterways. | https://www.govinfo.gov/content/pkg/BILLS-113hr1769ih/xml/BILLS-113hr1769ih.xml |
113-hr-1770 | I 113th CONGRESS 1st Session H. R. 1770 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Chaffetz (for himself, Mr. Barber , Mr. Bishop of Utah , Mr. Rice of South Carolina , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to eliminate the different treatment under the Survivor Benefit Plan accorded members of the reserve components who die from an injury or illness incurred or aggravated in the line of duty during inactive-duty training compared to members of the Armed Forces who die in the line of duty while on active duty.
1. Equal benefits under Survivor Benefit Plan for reserve component members who die in the line of duty during inactive-duty training (a) Treatment of inactive-Duty training in same manner as active duty Section 1451(c)(1)(A) of title 10, United States Code, is amended— (1) in clause (i)— (A) by inserting or 1448(f) after section 1448(d) ; and (B) by inserting or (iii) after clause (ii) ; and (2) in clause (iii), by striking section 1448(f) of this title and inserting section 1448(f)(1)(A) of this title by reason of the death of a member or former member not in line of duty . (b) Consistent treatment of dependent children and deemed elections Section 1448(f) of such title is amended— (1) by striking paragraph (2) and inserting the following new paragraph: (2) Dependent children (A) Annuity when no eligible surviving spouse In the case of a member described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(2) of this title as applicable. (B) Optional annuity when there is an eligible surviving spouse The Secretary may pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(3) of this title, if applicable, instead of paying an annuity to the surviving spouse under paragraph (1), if the Secretary concerned, in consultation with the surviving spouse, determines it appropriate to provide an annuity for the dependent children under this paragraph instead of an annuity for the surviving spouse under paragraph (1). ; and (2) by adding at the end the following new paragraph: (5) Deemed election to provide an annuity for dependent Paragraph (6) of subsection (d) shall apply in the case of a member described in paragraph (1) who dies after November 23, 2003, when no other annuity is payable on behalf of the member under this subchapter. . (c) Availability of special survivor indemnity allowance Section 1450(m)(1)(B) of such title is amended by inserting or (f) after subsection (d) . (d) Effective date; application of amendments (1) Retroactive application Except as provided in the amendment made by subsection (b)(2), the amendments made by this section shall take effect as of September 10, 2001, and shall apply with respect to deaths of members of the Armed Forces occurring after that date. (2) Payment adjustment and lump-sum payments The Secretary of Defense shall— (A) require payments under the Survivor Benefit Plan for months beginning after the date of the enactment of this section to be adjusted to reflect the amendments made by this section; and (B) provide a lump-sum payment to cover the period between the death of the member concerned (or October 1, 2008, if later than that date in the case of the special survivor indemnity allowance) and the date the adjustment takes effect under subparagraph (A). | https://www.govinfo.gov/content/pkg/BILLS-113hr1770ih/xml/BILLS-113hr1770ih.xml |
113-hr-1771 | I 113th CONGRESS 1st Session H. R. 1771 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Royce (for himself, Mr. Engel , Mr. Chabot , Ms. Ros-Lehtinen , Mr. Rohrabacher , Mr. Poe of Texas , Mr. Sherman , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , the Judiciary , Financial Services , 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 improve the enforcement of sanctions against the Government of North Korea, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the North Korea Sanctions Enforcement Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Title I—Investigations, prohibited activities, and penalties Sec. 101. Statement of policy. Sec. 102. Investigations. Sec. 103. Briefing to Congress. Sec. 104. Designation of persons, foreign governments, and financial institutions. Sec. 105. Forfeiture of property. Title II—Sanctions Against North Korean Proliferation, Human Rights Violations, and Illicit Activities Sec. 201. Sanctions for material support of North Korean proliferation. Sec. 202. Sanctions against the provision of specialized financial messaging services to designated North Korean financial institutions. Sec. 203. Proliferation prevention sanctions. Sec. 204. Procurement sanctions. Sec. 205. Sanctions with respect to the provision of vessels or shipping services to transport certain goods related to proliferation, terrorism, or criminal activities of North Korea. Sec. 206. International assistance. Sec. 207. Exclusion, waiver, and removal of designation. Title III—Promotion of human rights and disinvestment Sec. 301. Information technology. Sec. 302. Disclosures to Securities and Exchange Commission relating to sanctionable activities. Sec. 303. Authority of State and local governments to divest from companies that invest in North Korea. Sec. 304. Safe harbor for changes of investment policies by asset managers. Sec. 305. Sense of Congress regarding certain ERISA plan investments. Sec. 306. Report on North Korean prison camps. Sec. 307. Limits on jurisdictional immunity. Title IV—General authorities Sec. 401. Suspension of sanctions and other measures. Sec. 402. Termination of sanctions and other measures. Sec. 403. North Korea Enforcement and Humanitarian Fund. Sec. 404. Regulations. Sec. 405. Effective date. 2. Findings Congress finds the following: (1) The Government of North Korea has repeatedly violated its commitments to the complete, verifiable, irreversible dismantlement of its nuclear weapons programs, and has willfully violated multiple United Nations Security Council resolutions calling for it to cease its development, testing, and production of weapons of mass destruction. (2) North Korea poses a grave risk for the proliferation of nuclear weapons and other weapons of mass destruction. (3) The Government of North Korea has been implicated repeatedly in money laundering and illicit activities, including prohibited arms sales, narcotics trafficking, the counterfeiting of United States currency, and the counterfeiting of intellectual property of United States persons. (4) The Government of North Korea has recently and repeatedly sponsored acts of international terrorism, including attempts to assassinate defectors and human rights activists; repeated threats of violence against foreign persons, leaders, newspapers, and cities; and the shipment of weapons to Hezbollah and Hamas via Iran. (5) North Korea has unilaterally withdrawn from the 1953 Armistice Agreement that ended the Korean War, and committed unprovoked acts of war against South Korea in 2010 by sinking the warship Cheonan and killing 46 of her crew, and by shelling Yeonpyeong Island, killing four civilians. (6) North Korea maintains a system of brutal political prison camps that contain as many as 200,000 men, women, and children, who live in atrocious living conditions with insufficient food, clothing, and medical care, and under constant fear of torture or arbitrary execution. (7) The Congress reaffirms the purposes established in the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7802 ). (8) North Korea has prioritized weapons programs and the procurement of luxury goods, in defiance of United Nations Security Council resolutions, and in gross disregard of the needs of its people. (9) Persons, including financial institutions, who engage in transactions with, or provide financial services to, the Government of North Korea and its financial institutions without establishing sufficient financial safeguards against North Korea’s use of these transactions to promote proliferation, weapons trafficking, human rights violations, illicit activity, and the purchase of luxury goods, aid and abet North Korea’s misuse of the international financial system, and also violate the intent of relevant United Nations Security Council resolutions. (10) The Government of North Korea’s conduct poses an imminent threat to the security of the United States and its allies, to the global economy, to the safety of members of the United States armed forces, to the integrity of the global financial system, to the integrity of global nonproliferation programs, and to the people of North Korea. (11) The Congress seeks, through this legislation, to use nonmilitary means to address this emergency, to provide diplomatic leverage to negotiate necessary changes in North Korea’s conduct, and to ease the suffering of the people of North Korea. 3. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms, respectively, under section 5318A of title 31, United States Code. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Censorship The term censorship means, with respect to North Korea, activities that— (A) prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of North Korea; or (B) limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of North Korea that would jam or restrict an international signal. (4) Designated person The term designated person means a person, foreign government, or financial institution designated by the President under subsection (a), (b), (c), or (d) of section 104 for purposes of applying the sanctions described in title II (as applicable) with respect to the person, foreign government, or financial institution. (5) Domestic financial institution The term domestic financial institution has the meaning given such term in section 5312 of title 31, United States Code. (6) Facilitate (A) In general The term facilitate means, with respect to any of the activities described in section 104(a), to— (i) provide material support to, aid, abet, attempt, or conspire to commit the activity; (ii) conceal any evidence, proceeds, or instrumentalities of the activity; (iii) possess, receive, exchange, or transmit the proceeds, instrumentalities, or other property involved in the activity; (iv) sell, lease, or provide a vessel or conveyance, to register of reflag a vessel or conveyance, or provide insurance or reinsurance or any other shipping service in furtherance of the activity; or (v) engage in any act with the purpose of causing the activity to occur. (B) Exception Nothing in this paragraph shall be construed to apply with respect to the provision of specialized financial messaging services (as described in section 202). (7) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (8) Financial transaction The term financial transaction has the meaning given such term in section 1956 of title 18, United States Code. (9) Foreign government The term foreign government has the meaning given the term foreign state in section 1603 of title 28, United States Code. (10) Government of north korea The term Government of North Korea means— (A) the Government of North Korea; (B) any political subdivision, agency, or instrumentality thereof; (C) the National Defense Commission of North Korea and its members; and (D) any person owned or controlled by, or acting for or on behalf of, the Government of North Korea. (11) Instrumentalities The term instrumentalities includes, with respect to any of the activities described in section 104(a)— (A) any property other than proceeds of such transaction which is also part of the subject matter of such transaction; (B) any property used to facilitate such transaction, including any article, container, or conveyance used, or intended to be used, to facilitate such transaction; and (C) any property other than the proceeds of such transaction that is involved in or used to facilitate such transaction. (12) International terrorism The term international terrorism has the meaning given such term in section 2331 of title 18, United States Code. (13) Luxury goods The term luxury goods has the meaning given such term in subpart 746.4 of title 15, Code of Federal Regulations, and includes the items listed in Supplement No. 1 to such regulation, and any similar items. (14) Monetary instrument The term monetary instrument has the meaning given such term under section 5312 of title 31, United States Code, and also includes— (A) stored value cards, tangible or intangible prepaid access devices, or other instruments or devices for the electronic storage or transmission of value, as defined in part 1010 of title 31, Code of Federal Regulations; and (B) any covered goods, as defined in section 1027.100 of title 31, Code of Federal Regulations, and any instrument or tangible or intangible access device use for the electronic storage and transmission of a representation of covered goods. (15) North korean financial institution The term North Korean financial institution means— (A) a financial institution organized under the laws of North Korea or any jurisdiction within North Korea, including a foreign branch of such an institution; (B) a financial institution located in North Korea, except as may be excluded from such definition by the President in accordance with section 207(d); (C) a financial institution, wherever located, owned or controlled by the Government of North Korea; or (D) a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C). (16) North korean property The term North Korean property includes any funds, financial assets, technology, property, or resources that are owned or controlled, directly or indirectly, by the Government of North Korea. (17) Person The term person means— (A) a natural person; (B) a corporation, business association, partnership, association, society, trust, financial institution, joint venture, corporation, group, subgroup, agency, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (C) a successor to any entity described in subparagraph (B). (18) Proceeds The term proceeds has the meaning given such term in section 1956 of title 18, United States Code. (19) Serious human rights abuse The term serious human rights abuse includes genocide, slavery, kidnaping, peonage, murder, torture, and aggravated sexual abuse, as those terms are described and made punishable under part I of title 18, United States Code, when carried out by the Government of North Korea, without regard to whether such conduct is within the criminal jurisdiction of the United States. (20) Specified unlawful activity The term specified unlawful activity has the meaning given such term in section 1956 of title 18, United States Code. (21) Transaction The term transaction has the meaning given such term in section 1956 of title 18, United States Code. (22) United states person The term United States person means— (A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if a natural person described in subparagraph (A) owns, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such corporation or other legal entity. I Investigations, prohibited activities, and penalties 101. Statement of policy In order to achieve the peaceful disarmament of North Korea, Congress finds that it is necessary— (1) to encourage all responsible members of the international community to fully and promptly implement United Nations Security Council Resolution 2094; (2) to sanction the entities, officials, and financial institutions that facilitate proliferation, illicit activities, arms trafficking, imports of luxury goods, severe human rights abuses, cash smuggling, and censorship by the Government of North Korea; (3) to authorize the President to sanction financial institutions and jurisdictions that fail to exercise due diligence to ensure that such financial institutions and jurisdictions do not facilitate proliferation, arms trafficking, kleptocracy, and imports of luxury goods by the Government of North Korea; and (4) to deny the Government of North Korea access to the funds it uses to obtain nuclear weapons, ballistic missiles, and luxury goods instead of providing for the needs of its people. 102. Investigations (a) Initiation of investigation The President shall initiate an investigation into the possible designation of a person under section 104(a) upon receipt by the United States of credible information indicating that such person has engaged in one or more activities described in section 104(a) and, except as provided in section 207, shall designate any person who the President determines has engaged in one or more activities described in section 104(a). (b) Personnel The President shall direct the Secretary of State, the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, the Secretary of Defense, the Director of Central Intelligence, and the heads of other Federal departments and agencies as may be necessary to assign sufficient experienced and qualified investigators, attorneys, and technical personnel to investigate and sanction any of the activities described in section 104(a) and to coordinate and ensure the effective enforcement of the provisions of this Act. (c) Sharing of information The Federal departments and agencies supporting the enforcement of this Act shall share such information with, and shall provide each other access to, databases and other sources of information as may be necessary to enforce the provisions of this Act. 103. Briefing to Congress (a) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall provide to the appropriate congressional committees a briefing on the following: (1) Assets of the government of north korea The significant assets held by the Government of North Korea, the amount of each such asset, and the form and financial institution (if any) in which each such asset is held. (2) Transactions involving the government of north korea The significant international financial transactions by the Government of North Korea during the previous 180 days, including the amounts, parties, terms, and date of each such transaction, the property involved in the transaction, and the names and nationalities of any financial institutions involved in each such transaction. (3) Designations Each person, foreign government, or financial institution designated under subsection (a), (b), (c), or (d) of section 104 during the previous 180 days. (4) Waivers, etc All waivers, exclusions, and removals of designation granted under section 207 during the previous 180 days. (b) Contents of briefing The briefings required by subsection (a) shall also contain— (1) a list of all persons and foreign governments that have provided financial, storage, transportation, communication, messaging, promotional, or other services with respect to such property and transactions; (2) an assessment of the sufficiency of financial safeguards to ensure that such property and transactions are prevented from being used to facilitate any of the activities described in section 104(a), and recommendations for any safeguards necessary to prevent such use; and (3) whether any evidence exists to suggest that such property constitutes the proceeds or instrumentalities of any activity described in section 104(a). 104. Designation of persons, foreign governments, and financial institutions (a) Designation of persons who engage in certain activities Except as provided in section 207, the President shall exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) without regard to section 202 of such Act to designate and apply the sanctions described in title II, as applicable, with respect to any person if the President determines that the person— (1) knowingly and materially contributes, through the export to or import from North Korea of any goods or technology, to the efforts by any government or person to use, develop, produce, stockpile, or otherwise acquire nuclear, radiological, chemical, or biological weapons, or any device or system designed in whole or in part to deliver such weapons; (2) knowingly exports, or facilitates the export of, defense articles and defense services to the Government of North Korea, or knowingly exports, or facilitates the export of, any defense articles and defense services from North Korea to any other country; (3) knowingly exports, or facilitates the export of, any luxury goods to North Korea; (4) knowingly provides, sells, leases, registers, or reflags a vessel, aircraft, or other conveyance, or provides insurance or reinsurance or any other shipping or transportation service used or intended to be used for, the transportation of goods to or from North Korea, for purposes facilitating a specified unlawful activity, or for purposes of evading a regulation established under this Act or the International Emergency Economic Powers Act; (5) knowingly transfers, pays, exports, withdraws, or otherwise deals with any property or interest in property of the Government of North Korea for purposes of facilitating a specified unlawful activity, or for purposes of evading a regulation established under this Act or the International Emergency Economic Powers Act; (6) knowingly engages in or facilitates censorship by the Government of North Korea; or (7) knowingly commits or facilitates a serious human rights abuse by the Government of North Korea. (b) Designation of persons and foreign governments that are sanctioned by executive order or the united nations Except as provided in section 207, the President shall exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) without regard to section 202 of such Act to designate and apply the sanctions described in title II, as applicable, with respect to any person or foreign government if the President determines the person or foreign government— (1) has been listed or sanctioned under any regulation or Executive Order No. 13382, 13224, 13551, or otherwise pursuant to the International Emergency Economic Powers Act for illicit activities or activities concerning North Korea’s proliferation of weapons of mass destruction; (2) has been sanctioned under United Nations Security Council resolutions 1695, 1718, 1874, 2087, 2094, or other such resolution concerning North Korea’s proliferation of weapons of mass destruction; or (3) has been convicted of a criminal offense for any of the activities described in paragraphs (1) through (7) of subsection (a). (c) Designation of Government of North Korea Except as provided in section 207, the President shall exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) without regard to section 202 of such Act to designate and apply the sanctions described in title II, as applicable, with respect to the Government of North Korea. (d) Discretionary authority To designate foreign governments and financial institutions Except as provided in section 207, the President may exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) without regard to section 202 of such Act to designate and apply any of the sanctions described in sections 201 and 204, as applicable, with respect to any foreign government or financial institution if the President determines the foreign government or financial institution, after the date that is 180 days after the date of the enactment of this Act— (1) engages in any of the activities described in paragraphs (1) through (7) of subsection (a); (2) fails to freeze any funds, financial assets, or economic resources of a person designated under subsection (a) or (b) in accordance with the legal process of the country in which such property is held; (3) fails to freeze any funds, financial assets, or economic resources that could be used to facilitate any of the activities described in paragraph (1), (2), or (3) of subsection (a), in accordance with the legal process of the country in which such property is held; (4) fails to apply enhanced monitoring to prevent any transactions that could be used to facilitate any of the activities described in paragraph (1), (2), or (3) of subsection (a); (5) permits any North Korean financial institution to open any new branch, subsidiary or representative office, or to establish any new joint venture within its jurisdiction, or to take an ownership interest in, or establish or maintain a correspondent relationship with any bank in its jurisdiction, if such branch, subsidiary, representative office, joint venture, ownership interest, or correspondent relationship could be used to facilitate any of the activities described in paragraph (1), (2), or (3) of subsection (a); (6) fails to prohibit any transfers of cash, including through cash couriers, transiting to and from North Korea so as to ensure such transfers of bulk cash are not used to facilitate any of the activities described in paragraph (1), (2), or (3) of subsection (a); (7) provides public financial support for trade with the Government of North Korea (including the granting of export credits, guarantees or insurance to their nationals or entities involved in such trade) when such financial support could be used to facilitate any of the activities described in paragraph (1), (2), or (3) of subsection (a); or (8) facilitates the use of any proceeds of the bribery of an official of the Government of North Korea, or the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, an official of the Government of North Korea. (e) Application to successors, etc The designation of a person, foreign government, or financial institution under subsection (a), (b), (c), or (d) shall also apply with respect to— (1) a successor entity to the designated person; (2) a person owned or controlled by, or under common ownership or control with, the designated person, if the person owned or controlled by, or under common ownership or control with (as the case may be), the designated person knowingly engaged in the transaction causing the designation; (3) a corporate officer or principal of, or a shareholder with a controlling interest in, such designated person, if such corporate officer, or principal or shareholder with a controlling interest, knowingly engaged in the transaction causing the designation; and (4) a United States person, including a domestic financial institution, to the same extent as if the transaction were engaged in by the United States person or in the United States if— (A) a person, including a foreign subsidiary, owned or controlled by the United States person engages in or facilitates any of the activities described in paragraphs (1) through (7) of subsection (a); and (B) the United States person knew or should have known that the person engaged in or facilitated any of the activities described in paragraphs (1) through (7) of subsection (a). (f) Regulations (1) In general The President shall promulgate such regulations as may be necessary under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to carry out this section. (2) Additional requirement The regulations promulgated under this subsection shall require enhanced due diligence for all transactions with the Government of North Korea or involving North Korean property to prevent the facilitation of activities described in any of paragraphs (1) through (7) of subsection (a) or any of paragraphs (1) through (8) of subsection (d). (g) Penalties Any person who engages in the conduct described in subsection (a), or who violates any regulation promulgated under subsection (f) or section 404, shall be subject to the penalties under section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) in the same manner and to the same extent as such penalties would apply to any person who violates any license, order, regulation, or prohibition issued under that Act ( 50 U.S.C. 1701 et seq. ). 105. Forfeiture of property (a) Use of funds derived from civil forfeitures Section 981(e) of title 18, United States Code, is amended— (1) in paragraph (6), by striking or at the end; (2) in paragraph (7), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (7) the following new paragraph: (8) in the case of property involved in any of the activities described in section 104(a) of the North Korea Sanctions Enforcement Act of 2013, in accordance with section 403 of that Act. . (b) Customs forfeitures Notwithstanding sections 609, 613(a)(3), and 613A(c) of the Tariff Act of 1930 (19 U.S.C. 1609(a), 1613(a)(3), and 1613b(c)), any funds derived from the forfeiture of property under section 596 of the Tariff Act of 1930 ( 19 U.S.C. 1595a ) that relates to any of the activities described in section 104(a) shall be deposited into the North Korea Enforcement and Humanitarian Fund established under section 403. (c) Payment in lieu of forfeiture If a financial institution or other person pays a sum of money to the United States— (1) in lieu of the commencement of criminal, civil, or administrative forfeiture proceedings to forfeit property involving any of the activities described in section 104(a), or (2) in settlement of such forfeiture proceedings if commenced, such sum of money shall be treated as forfeited funds and disposed of in accordance with section 403. II Sanctions Against North Korean Proliferation, Human Rights Violations, and Illicit Activities 201. Sanctions for material support of North Korean proliferation (a) Sense of congress It is the sense of Congress that the Government of North Korea should be treated as a primary money laundering concern in accordance with section 5318A of title 31, United States Code. (b) Requirements for financial institutions maintaining accounts for foreign financial institutions (1) Termination of correspondent or payable-through accounts A domestic financial institution shall terminate any correspondent account that is established, maintained, administered, or managed for, or on behalf of, any person, foreign government, or financial institution designated under subsection (a) or (b) of section 104. (2) Prohibition on indirect correspondent accounts If a domestic financial institution has or obtains knowledge that a correspondent account established, maintained, administered, or managed by that domestic financial institution for a foreign financial institution is being used by the foreign financial institution to provide financial services indirectly to any person, foreign government, or financial institution designated under subsection (a) or (b) of section 104, the domestic financial institution shall ensure that the correspondent account is no longer used to provide such services, including, when necessary, terminating the correspondent account. (3) Enhanced due diligence and reporting requirements Except as provided in section 207, the Secretary of Treasury shall require all domestic financial institutions to apply one or more of the special measures described in paragraphs (1) through (5) of section 5318A(b) of title 31, United States Code, to— (A) any financial institution that establishes, maintains, administers, or manages any correspondent account for a person, financial institution, or foreign government designated under subsection (a) or (b) of section 104; and (B) any person, financial institution, or foreign government designated under subsection (c) or (d) of section 104. (4) Additional requirements A domestic financial institution required to terminate an account pursuant to this subsection— (A) shall not permit the foreign bank to establish any new positions or execute any transactions through such account, other than those necessary to close the account; and (B) may reestablish an account closed pursuant to such subsection if the Secretary of the Treasury determines that the account will not be used to provide financial services indirectly to a person designated under subsection (a) or (b) of section 104. (5) Prohibition on designation as primary dealer With respect to a designated person that is a domestic financial institution, neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (6) Prohibition on service as a repository of government funds With respect to a designated person that is a domestic financial institution, such domestic financial institution may not serve as agent of the United States Government or serve as a repository for United States Government funds. (7) Foreign exchange The President may prohibit any transactions in foreign exchange by any domestic financial institution in which a designated person has any interest. (8) Banking transactions The President may prohibit any transfers of credit or payments between domestic financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of a designated person. (9) Penalties (A) Title 31, U.S.C The penalties provided for in sections 5321(a) and 5322 of title 31, United States Code, shall apply to a person that violates a regulation prescribed under paragraph (1), (2), (3), or (4) in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section 5321(a) or 5322. (B) IEEPA The penalties provided for in section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person who violates a regulation prescribed under paragraph (5), (6), (7), or (8) in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section. (c) Blocking of property (1) In general The President shall exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) without regard to section 202 of such Act to immediately freeze or block— (A) any North Korean property, and (B) any property involved in any of the activities described in section 104(a), within the jurisdiction of the United States, or held by a domestic financial institution. (2) Property of a designated person The President may exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) without regard to section 202 of such Act to block any property of a designated person within the jurisdiction of the United States, or held by a domestic financial institution. (3) Property derived from misappropriation, theft, or embezzlement of public funds The President shall exercise the authorities of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) without regard to section 202 of such Act to encourage foreign governments and foreign financial institutions to block, in accordance with the legal process of the country in which the property is held, any property derived from the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, an official of the Government of North Korea. (4) Scope of authority Activities prohibited by reason of the blocking of property and financial transactions under this section shall include the following: (A) Payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person, including any United States financial institution and any branch or office of such financial institution that is located outside the United States, to a designated person. (B) The transfer directly or indirectly, of any goods, technology, or services by a United States person to a designated person. (d) Review of transaction licenses The Secretary of the Treasury shall review all transaction licenses granted pursuant to subpart E of part 510 of title 31, Code of Federal Regulations, all applications for such licenses, and all exclusions from such licensing requirements not later than 180 days after the date of the enactment of this Act, and shall deny or revoke any license for any transaction that, in the determination of the Secretary of the Treasury, lacks sufficient financial controls to ensure that such transaction will not facilitate any of the activities described in section 104(a). (e) Denial of visas The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien who is a designated person, or who is a corporate officer or principal of, or a shareholder with a controlling interest in, a designated person. (f) International cooperation The President shall— (1) take appropriate steps to secure the effective enforcement of anti-money laundering protocols consistent with the purpose of this Act, through bilateral discussions with foreign governments and through the Financial Action Task Force; and (2) support efforts of foreign governments to enact and enforce legislation consistent with the purposes of this Act. 202. Sanctions against the provision of specialized financial messaging services to designated North Korean financial institutions (a) Briefings required (1) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall provide to the appropriate congressional committees a briefing on the following: (A) A list of all persons and foreign governments that the President has identified that directly provide specialized financial messaging services to, or enable or facilitate direct or indirect access to such messaging services for, any North Korean financial institution designated under section 104(b). (B) A detailed assessment of the status of efforts by the President to end the direct provision of such messaging services to, and the enabling or facilitation of direct or indirect access to such messaging services for any North Korean financial institution designated under section 104(b). (2) Enabling or facilitation of access to specialized financial messaging services through intermediary financial institutions For purposes of paragraph (1) and subsection (b), enabling or facilitating direct or indirect access to specialized financial messaging services for any North Korean financial institution designated under section 104(b) includes doing so by serving as an intermediary financial institution with access to such messaging services. (b) Authorization of imposition of sanctions (1) In general Except as provided in paragraph (2), if, on or after the date that is 180 days after the date of the enactment of this Act, a person continues to knowingly and directly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for any North Korean financial institution designated under section 104(b), the President may impose sanctions pursuant to section 206(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(b) ) with respect to the person. (2) Exception The President may not impose sanctions pursuant to paragraph (1) with respect to a person for directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, any North Korean financial institution designated under section 104(b) if— (A) the person is subject to a sanctions regime under its governing foreign law that requires it to eliminate the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for any North Korean financial institution designated under section 104(b); and (B) the person has, pursuant to that sanctions regime, terminated the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, any North Korean financial institution designated under section 104(b) identified under such governing foreign law for purposes of that sanctions regime. (3) Requirement for consultation The President may not impose sanctions pursuant to paragraph (1) with respect to a person for directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, any North Korean financial institution designated under section 104(b) unless the President has made good-faith efforts to obtain the voluntary cessation of such specialized financial messaging services by such person. 203. Proliferation prevention sanctions (a) In general Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405), as continued in effect under the International Emergency Economic Powers Act, is amended by adding at the end the following new paragraph: (7) A validated license shall be required for the export to North Korea of any goods or technology without regard to whether or not the Secretary of State has designated North Korea as a country the government of which has provided support for acts of international terrorism, as determined by the Secretary of State under paragraph (1) or any other provision of law. . (b) Transactions with countries supporting acts of international terrorism The prohibitions and restrictions described in section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ) shall also apply to exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item or defense articles and defense services to the Government of North Korea without regard to whether or not North Korea is a country with respect to which subsection (d) of such section (relating to designation of state sponsors of terrorism) applies. 204. Procurement sanctions (a) In general Except as provided in this section, the United States Government may not procure, or enter into any contract for the procurement of, any goods or services from any designated person. (b) F A R The Federal Acquisition Regulation issued pursuant to section 1303 of title 41, United States Code, shall be revised to require a certification from each person that is a prospective contractor that such person does not engage in any of the activities described in section 104(a). Such amendment shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. (c) G SA The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subsection (b). If the head of an executive agency determines that a person has submitted a false certification under subsection (b) after the date on which the Federal Acquisition Regulation is revised to implement the requirements of this section, the head of such executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not more than three years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (d) Clarification regarding certain products The remedies specified in subsections (a) through (c) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of such Act ( 19 U.S.C. 2511(b) ). (e) Rule of construction Nothing in his subsection may be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (b). (f) Executive agency defined In this section, the term executive agency has the meaning given such term in section 133 of title 41, United States Code. 205. Sanctions with respect to the provision of vessels or shipping services to transport certain goods related to proliferation, terrorism, or criminal activities of North Korea (a) Briefing required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall provide to the appropriate congressional committees a briefing identifying foreign ports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the Government of North Korea are deficient to effectively prevent the facilitation of any of the activities described in section 104(a). (b) Enhanced customs inspection requirements Not later than 180 days after the identification of any port or airport pursuant to subsection (a), the Secretary of Homeland Security shall promulgate regulations imposing enhanced inspection requirements on any cargo landed in the United States or entering interstate commerce that has been transported through such port or airport. (c) Seizure and forfeiture A vessel, aircraft, or conveyance used to facilitate any of the activities described in section 104(a) that comes within the jurisdiction of the United States may be seized and forfeited under chapter 46 of title 18, United States Code, or under chapter 4 of title 19, United States Code, and the proceeds of any such forfeiture shall be available for the purposes described in section 403. 206. International assistance (a) Condition on provision of united states funds to an international financial institution Funds appropriated for payment to an international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) )) shall not be made available to the institution unless the institution provides assurances to the Secretary of State that the funds will not be used for assistance to the Government of North Korea. (b) Opposition to use of international financial institution funds for north korea The United States Executive Director at each international financial institution (as so defined) shall use the voice, vote, and influence of the United States to oppose the provision by the institution of any assistance to the Government of North Korea. (c) Transactions in defense articles and defense services (1) In general The President shall withhold assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) to the government of any country that provides defense articles and defense services to the Government of North Korea or receives defense articles and defense services from the Government of North Korea. (2) Applicability The prohibition described in paragraph (1) shall terminate on the date that is 2 years after the date on which such foreign government ceases to provide defense articles and defense services to the Government of North Korea, or to purchase or receive defense articles and defense services from the Government of North Korea. (3) Waiver Assistance may be furnished to a foreign government described in paragraph (1) if the President makes the determinations prescribed in subsection (b) of section 620G of the Foreign Assistance Act of 1961, as amended ( 22 U.S.C. 2377(b) ). 207. Exclusion, waiver, and removal of designation (a) Exclusions The following activities shall not apply with respect to the requirement under subsection (a), (b), (c), or (d) of section 104 to designate a person, foreign government, or financial institution for purposes of imposing a sanction or sanctions on the designated person: (1) Activities subject to the reporting requirements of title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ), or to any authorized intelligence activities of the United States. (2) Any transaction the exclusive purpose for which is to provide humanitarian assistance to the people of North Korea. (3) Any transaction the exclusive purpose for which is to import food products into North Korea, if such food items are not defined as luxury goods. (4) Any transaction necessary to maintain a diplomatic or consular relationship under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or under the Vienna Convention on Consular Relations, signed April 24, 1963, and entered into force on March 19, 1967. (5) Any transaction the exclusive purpose for which is to import fertilizers, pesticides, agricultural equipment, or medical supplies or equipment into North Korea, provided that such supplies or equipment are not controlled under— (A) the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (C) part B of title VIII of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6301 et seq.); or (D) the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.). (b) Waivers (1) In general The President may waive, on a case-by-case basis, and for a period not to exceed one year, the requirement under subsection (a) or (b) of section 104 to designate a person, foreign government, or financial institution, or to impose a sanction or sanctions on the designated person, if the President submits to the appropriate congressional committees a written determination that the waiver meets the following requirements: (A) The waiver is vital to the economic or national security interests of the United States. (B) The waiver will advance the purposes set forth in section 4 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7801 et seq. ). (C) The waiver is for the benefit of a financial institution that— (i) has blocked all North Korean property deposited in such financial institution, pending an audit of the origin of such property and the implementation of safeguards to ensure that the property is not used to facilitate any of the activities described in section 104(a); and (ii) is providing good-faith cooperation with the investigation of any of the activities described in section 104(a) or the enforcement of the provisions of this Act. (D) The waiver is for the benefit of a person, foreign government, or financial institution that is providing good-faith cooperation with the investigation of any of the activities described in section 104(a) and the enforcement of this Act. (E) The waiver is for the benefit of a person, foreign government, or financial institution that provides underwriting, financial, insurance, reinsurance, reflagging, transportation, or financial messaging services, and who has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person, foreign government, or financial institution (as the case may be) does not facilitate any of the activities described in section 104(a). (F) In the absence of the waiver, the imposition of the sanction or sanctions would have a severe and adverse humanitarian impact on the people of North Korea and such impact substantially outweighs the interest of the United States in enforcing the provisions of this Act. (2) Government of North Korea The President may waive, on a case-by-case basis, and for a period not to exceed one year, the requirement under section 104(c) to designate the Government of North Korea, or to impose a sanction or sanctions on the Government of North Korea, if the President submits to the appropriate congressional committees a written determination that the waiver meets the requirements described in paragraph (1)(F). (c) Removal of sanctions The President may prescribe rules and regulations for the removal of sanctions on a person, foreign government, or financial institution that is designated under subsection (a), (b), or (d) of section 104 and the removal of designations of a person, foreign government, or financial institution with respect to such sanctions if the President determines that the designated person has verifiably ceased its participation in any of the activities described in section 104(a) and is cooperating with the investigation of such activities and carrying out this Act. (d) Financial services for humanitarian and consular activities The President may promulgate regulations, rules, and polices as may be necessary to facilitate the provision of financial services by a foreign financial institution that is not controlled by the Government of North Korea in support of the activities subject to exclusion under this section. III Promotion of human rights and disinvestment 301. Information technology Section 104 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7814 ) is amended by inserting after subsection (c) the following new subsection: (d) Information technology study Not later than 180 days after the date of the enactment of this subsection, the President shall submit to the appropriate congressional committees a classified report setting forth a detailed plan for making unrestricted, unmonitored, and inexpensive electronic mass communications available to the people of North Korea. . 302. Disclosures to Securities and Exchange Commission relating to sanctionable activities (a) In general Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: (s) Disclosure of certain activities relating to North Korea, terrorism, and the proliferation of weapons of mass destruction (1) General disclosure required Each issuer required to file an annual or quarterly report under subsection (a) shall include with such report a statement of whether, during the period since the issuer made the last such report, the issuer or any affiliate of the issuer— (A) was designated under section 104 of the North Korea Sanctions Enforcement Act of 2013, or engaged in any of the activities described in section 104(a) of such Act; or (B) knowingly conducted any transaction or dealing with any person designated pursuant to subsection (a), (b), (c), or (d) of section 104 of the North Korea Sanctions Enforcement Act of 2013. (2) Specific disclosure required If an issuer reports under paragraph (1) that the issuer or an affiliate of the issuer has engaged in any activity described in that paragraph, the issuer shall include with the statement required under that paragraph a detailed description of each such activity, including— (A) the nature and extent of the activity; (B) the revenues and profits, if any, attributable to the activity; and (C) whether the issuer or the affiliate of the issuer (as the case may be) intends to continue the activity. (3) Investigation of disclosures When the Commission receives a report under paragraph (1) from an issuer that the issuer or an affiliate of the issuer has engaged in any activity described in that paragraph, the President shall— (A) initiate an investigation into the possible imposition of sanctions under the North Korea Sanctions Enforcement Act of 2013, the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), Executive Order 13224, Executive Order 13382, Executive Order 13551, Executive Order 13570, or any other provision of law; and (B) not later than 180 days after initiating such an investigation, make such determinations as are required by section 104 of the North Korea Sanctions Enforcement Act of 2013. . (b) Effective date The amendment made by subsection (a) shall take effect with respect to reports required to be filed with the Securities and Exchange Commission after a date that is 90 days after the date of the enactment of this Act. 303. Authority of State and local governments to divest from companies that invest in North Korea (a) Sense of congress It is the sense of Congress that the United States should support the decision of any State or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of assets of such State or local government in, a person that engages in investment activities in North Korea, if North Korea is subject to economic sanctions imposed by the United States. (b) Authority To divest Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of such State or local government from, or prohibit investment of the assets of such State or local government in, any person that such State or local government determines, using credible information available to the public, engages in investment activities in North Korea described in subsection (c). (c) Investment activities described A person engages in investment activities in North Korea described in this subsection if the person— (1) has an investment of $10,000 or more in North Korea; or (2) is a financial institution that extends $10,000 or more in credit to another person, for 45 days or more, if such person will use such credit for investment in North Korea. (d) Requirements Any measure taken by a State or local government under subsection (b) shall meet the following requirements: (1) Notice The State or local government shall provide written notice to each person with respect to which a measure under this section is to be applied. (2) Timing The measure applied under this section shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to such person under paragraph (1). (3) Opportunity for hearing The State or local government at issue shall provide an opportunity to comment in writing to each person with respect to which a measure is to be applied under this section. If such person demonstrates to such State or local government that such person does not engage in investment activities in North Korea described in subsection (c), such measure shall not apply to such person. (4) Sense of congress on avoiding erroneous targeting It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless such State or local government has made every effort to avoid erroneously targeting such person and has verified that such person engages in investment activities in North Korea described in subsection (c). (e) Notice to department of justice Not later than 30 days after a State of local government applies a measure under this section, such State or local government shall notify the Attorney General of such measure. (f) Nonpreemption A measure applied by a State or local government authorized under subsection (b) or (i) is not preempted by any Federal law or regulation. (g) Definitions In this section: (1) Asset (A) In general Except as provided in subparagraph (B), the term asset refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception The term asset does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (2) Investment The term investment includes— (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (h) Effective date (1) In general Except as provided in paragraph (2) or subsection (i), this section applies to measures applied by a State or local government before, on, or after the date of the enactment of this Act. (2) Notice requirements Except as provided in subsection (i), subsections (d) and (e) apply to measures applied by a State or local government on or after the date of the enactment of this Act. (i) Authorization for prior applied measures (1) In general Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) applied by such State or local government before the date of the enactment of this Act that provides for the divestment of assets of such State or local government from, or prohibits the investment of the assets of such State or local government in, any person that such State or local government determines, using credible information available to the public, engages in investment activities in North Korea (determined without regard to subsection (c)) or other business activities in North Korea that are identified in such measure. (2) Application of notice requirements A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is two years after the date of the enactment of this Act. (j) Rule of construction Nothing in this Act or any other provision of law authorizing sanctions with respect to North Korea shall be construed to abridge the authority of a State or local government to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 ( 15 U.S.C. 1011 et seq. ) (commonly known as the McCarran-Ferguson Act ). 304. Safe harbor for changes of investment policies by asset managers (a) In general Section 13(c)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–13(c)(1) ) is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by striking the period and inserting ; or ; and (3) by adding at the end the following: (C) engage in investment activities in North Korea described in section 303 of the North Korea Sanctions Enforcement Act of 2013. . (b) Securities and exchange commission regulations Not later than 120 days after the date of the enactment of this Act, the Securities and Exchange Commission shall issue any revisions the Commission determines to be necessary to the regulations requiring disclosure by each registered investment company that divests itself of securities in accordance with section 13(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–13(c) ), including divestments of securities in accordance with subparagraph (C) of such section, as added by subsection (a)(3). 305. Sense of Congress regarding certain ERISA plan investments It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines engages in investment activities in North Korea described in section 406 of this Act, without breaching the responsibilities, obligations, or duties imposed upon such fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1) ), if— (1) such fiduciary makes such determination using credible information that is available to the public; and (2) such fiduciary prudently determines that the result of such divestment or avoidance of investment would not be expected to provide the employee benefit plan with— (A) a lower rate of return than alternative investments with commensurate degrees of risk; or (B) a higher degree of risk than alternative investments with commensurate rates of return. 306. Report on North Korean prison camps (a) In general The Secretary of State shall submit to the appropriate congressional committees a report describing, with respect to each political prison camp in North Korea— (1) the camp’s estimated prisoner population; (2) the camp’s geographical coordinates; (3) the reasons for confinement of the prisoners; (4) the camp’s primary industries and products, and the end users of any goods produced in such camp; (5) the natural persons and agencies responsible for conditions in the camp; (6) the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners; and (7) imagery, to include satellite imagery of each such camp, in a format that, if published, would not compromise the sources and methods used by the intelligence agencies of the United States to capture geospatial imagery. (b) Form The report required under subsection (a) shall be included in the first report required to be submitted to Congress after the date of the enactment of this Act under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) (relating to the annual human rights report). 307. Limits on jurisdictional immunity The exception to immunity provided in section 1605A of title 28, United States Code, applies to North Korea, to the same extent as any foreign state (as defined in section 1603 of such title), and (as provided in section 1605(c) of such title) to any official, employee, or agent of North Korea, without regard to whether or not North Korea is designated as a state sponsor of terrorism, as defined in section 1605A(h) of such title. IV General authorities 401. Suspension of sanctions and other measures (1) In general Any sanction or other measure required by title II or III of this Act (or any amendment made by title II or III of this Act) may be suspended for up to 365 days upon certification by the President to the appropriate congressional committees that the Government of North Korea has— (A) verifiably ceased its counterfeiting of United States currency, including the surrender or destruction of specialized materials and equipment used for or particularly suitable for counterfeiting; (B) taken significant steps toward financial transparency to comply with generally accepted protocols to cease and prevent the laundering of monetary instruments; (C) taken significant steps toward verification of its compliance with United Nations Security Council Resolutions 1695, 1718, 1874, 2087, and 2094; (D) taken significant steps toward accounting for and repatriating the citizens of other countries abducted by the Government of North Korea; (E) taken significant steps toward verification of its compliance with the Joint Statement of September 19, 2005; (F) accepted and begun to abide by internationally recognized standards for the distribution and monitoring of humanitarian aid; (G) provided credible assurances that it will not support further acts of international terrorism; and (H) taken significant and verified steps to improve living conditions in its political prison camps. (2) Renewal of suspension The suspension described in paragraph (1) may be renewed for an additional consecutive period of 365 days upon certification by the President to the appropriate congressional committees that the Government of North Korea— (A) has continued to make significant progress toward compliance with the conditions described in paragraph (1) during the previous year; and (B) meets 2 or more of the requirements described in paragraphs (1) through (6) of section 402. 402. Termination of sanctions and other measures Any sanction or other measure required by title II or III and of this Act (or any amendment made by title II or III of this Act) shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of North Korea has met the requirements of section 401, and has also— (1) completely, verifiably, and irreversibly dismantled all of its nuclear, chemical, biological, and radiological weapons programs, including all programs for the development of systems designed in whole or in part for the delivery of such weapons; (2) released all political prisoners, including the citizens of North Korea detained in the North Korea’s political prison camps; (3) ceased its censorship of peaceful political activity; (4) has taken significant steps toward the establishment of an open, transparent, and representative society; (5) has fully accounted for all citizens of all nations abducted by the Government of North Korea; and (6) made public commitments to, and continues to make significant progress toward— (A) establishing an independent judiciary; and (B) respecting the human rights and basic freedoms recognized in the Universal Declaration of Human Rights. 403. North Korea Enforcement and Humanitarian Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the North Korea Enforcement and Humanitarian Fund (in this section referred to as the Fund ). (b) Deposits All revenues derived from any criminal, civil, or administrative forfeitures of property involved in any of the activities described in section 104(a), and all revenues derived from any agreement to defer prosecution for any such activities, and all revenues derived from penalties assessed under section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) arising from violations of section 104(a) or the regulations promulgated under section 104(f) or section 404, shall be deposited into the Fund, and may be transferred and consolidated on the books of the Treasury into a special account for the purposes described in subsection (c). (c) Uses There are authorized to be appropriated from the Fund each fiscal year— (1) such amounts as shall be necessary and appropriate for the administration of the Fund; and (2) without regard to fiscal year limitation, amounts not exceeding— (A) for salaries, benefits, and expenses for persons assigned by the President to conduct investigations and enforce sanctions as prescribed in this Act, $5,000,000; (B) for any of the purposes described in section 524(c) of title 28, United States Code, or section 9703 of title 31, United States Code, with respect to investigations and enforcement activities under title I or title II, $5,000,000; (C) to carry out section 103 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7813 ), $3,000,000; (D) to carry out section 104 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7814 ), $5,000,000; (E) to carry out section 203 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7833 ), $5,000,000; and (F) to carry out subsection (d) of section 104 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7814 ) (as added by section 301 of this Act), $2,000,000. (d) Transfer To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an annual appropriation law may be transferred out of the Fund and deposited, in equal proportions, into the funds established under section 9703 of title 31, United States Code, and under section 524(c) of title 28, United States Code. (e) Sunset The Fund established under this section shall cease to exist on September 30, 2023, and any unexpended funds remaining in the Fund after such date shall be transferred in accordance with subsection (d). 404. Regulations (a) In general The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Act. (b) Rule of construction Nothing in this Act or any amendment made by this Act shall be construed to limit the authority of the President to designate or sanction persons pursuant to Executive Order No. 13382, 13224, 13551, or otherwise pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 405. Effective date Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1771ih/xml/BILLS-113hr1771ih.xml |
113-hr-1772 | I 113th CONGRESS 1st Session H. R. 1772 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Smith of Texas (for himself, Mr. Goodlatte , Mr. Calvert , Mr. Gowdy , Mr. Westmoreland , Mr. Stivers , Mr. Lance , Mr. King of New York , Mr. DeFazio , Mr. Sensenbrenner , Mr. Franks of Arizona , Mr. Poe of Texas , Mr. Schweikert , Mr. Royce , Mrs. Blackburn , Mr. Forbes , Mr. Chaffetz , Mr. Burgess , Mr. Labrador , Mr. Farenthold , Mr. Holding , Mr. Bishop of Utah , and Mr. Issa ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes.
1. Short title This Act may be cited as the Legal Workforce Act . 2. Employment eligibility verification process (a) In general Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows: (b) Employment eligibility verification process (1) New hires, recruitment, and referral The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following: (A) Attestation after examination of documentation (i) Attestation During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by— (I) obtaining from the individual the individual’s social security account number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and (II) examining— (aa) a document relating to the individual presenting it described in clause (ii); or (bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv). (ii) Documents evidencing employment authorization and establishing identity A document described in this subparagraph is an individual’s— (I) unexpired United States passport or passport card; (II) unexpired permanent resident card that contains a photograph; (III) unexpired employment authorization card that contains a photograph; (IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or (VI) other document designated by the Secretary of Homeland Security, if the document— (aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; (bb) is evidence of authorization of employment in the United States; and (cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (iii) Documents evidencing employment authorization A document described in this subparagraph is an individual's social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (iv) Documents establishing identity of individual A document described in this subparagraph is— (I) an individual's unexpired State issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address; (II) an individual's unexpired U.S. military identification card; (III) an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or (IV) in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual. (v) Authority to prohibit use of certain documents If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. (vi) Signature Such attestation may be manifested by either a hand-written or electronic signature. (B) Individual attestation of employment authorization During the verification period (as defined in subparagraph (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a hand-written or electronic signature. The individual shall also provide that individual’s social security account number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. (C) Retention of verification form and verification (i) In general After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall— (I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending— (aa) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; and (bb) in the case of the hiring of an individual, the later of 3 years after the date the verification is completed or one year after the date the individual’s employment is terminated; and (II) during the verification period (as defined in subparagraph (E)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual. (ii) Confirmation (I) Confirmation received If the person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. (II) Tentative nonconfirmation received If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure. (III) Final confirmation or nonconfirmation received If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (IV) Extension of time If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (V) Consequences of nonconfirmation (aa) Termination or notification of continued employment If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify. (bb) Failure to notify If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual. (VI) Continued employment after final nonconfirmation If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A). (D) Effective dates of new procedures (i) Hiring Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows: (I) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is 6 months after the date of the enactment of such Act. (II) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 12 months after the date of the enactment of such Act. (III) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 18 months after the date of the enactment of such Act. (IV) With respect to employers having 1 or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 24 months after the date of the enactment of such Act. (ii) Recruiting and referring Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Legal Workforce Act. (iii) Agricultural labor or services With respect to an employee performing agricultural labor or services, this paragraph shall not apply with respect to the verification of the employee until the date that is 24 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish in aquaculture facilities. An employee described in this clause shall not be counted for purposes of clause (i). (iv) Transition rule Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii): (I) This subsection, as in effect before the enactment of the Legal Workforce Act. (II) Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Legal Workforce Act. (III) Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Legal Workforce Act, including Executive Order 13465 ( 8 U.S.C. 1324a note; relating to Government procurement). (E) Verification period defined (i) In general For purposes of this paragraph: (I) In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences. (II) In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is 3 business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii). (ii) Job offer may be conditional A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph. (iii) Special rule Notwithstanding clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number. (2) Reverification for individuals with limited work authorization (A) In general Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the 3 business days before the date on which the employee's work authorization expires as follows: (i) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is 6 months after the date of the enactment of such Act. (ii) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 12 months after the date of the enactment of such Act. (iii) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 18 months after the date of the enactment of such Act. (iv) With respect to employers having 1 or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 24 months after the date of the enactment of such Act. (B) Agricultural labor or services With respect to an employee performing agricultural labor or services, or an employee recruited or referred by a farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with respect to the reverification of the employee until the date that is 24 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing, or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish in aquaculture facilities. An employee described in this subparagraph shall not be counted for purposes of subparagraph (A). (C) Reverification Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall— (i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and (ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual’s employment is terminated. (3) Previously hired individuals (A) On a mandatory basis for certain employees (i) In general Not later than the date that is 6 months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual described in clause (ii) employed by the employer whose employment eligibility has not been verified under the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). (ii) Individuals described An individual described in this clause is any of the following: (I) An employee of any unit of a Federal, State, or local government. (II) An employee who requires a Federal security clearance working in a Federal, State or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers to carry a Transportation Worker Identification Credential (TWIC). (III) An employee assigned to perform work in the United States under a Federal contract, except that this subclause— (aa) is not applicable to individuals who have a clearance under Homeland Security Presidential Directive 12 (HSPD 12 clearance), are administrative or overhead personnel, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and (bb) only applies to contracts over the simple acquisition threshold as defined in section 2.101 of title 48, Code of Federal Regulations. (B) On a mandatory basis for multiple users of same social security account number In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following: (i) The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee’s identity may have been stolen. The notice shall not share information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft. (ii) If the person to whom the social security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the social security account number was used without their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work eligible. (iii) Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in subsection (d) to check the work eligibility status of the applicable employee within 10 business days of receipt of the notification. (C) On a voluntary basis Subject to paragraph (2), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 30 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall seek verification of all individuals so employed. An employer’s decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act. (D) Verification Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall— (i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and (ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during the period beginning on the date the verification commences and ending on the date that is the later of 3 years after the date of such verification or 1 year after the date the individual’s employment is terminated. (4) Early compliance (A) Former E-Verify required users, including Federal contractors Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to commence compliance with the requirements of this subsection (and any additional requirements of such Federal acquisition laws and regulation) in lieu of any requirement to participate in the E-Verify Program. (B) Former E-Verify voluntary users and others desiring early compliance Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) before such date, as well as by other employers seeking voluntary early compliance. (5) Copying of documentation permitted Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection. (6) Limitation on use of forms A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and any other provision of Federal criminal law. (7) Good faith compliance (A) In general Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. (B) Exception if failure to correct after notice Subparagraph (A) shall not apply if— (i) the failure is not de minimus; (ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; (iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and (iv) the person or entity has not corrected the failure voluntarily within such period. (C) Exception for pattern or practice violators Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2). (8) Single extension of deadlines upon certification In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made. . (b) Date of hire Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following: (4) Definition of date of hire As used in this section, the term date of hire means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified. . 3. Employment eligibility verification system Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows: (d) Employment eligibility verification system (1) In general Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)— (A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and (B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section. (2) Initial response The verification system shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation. (3) Secondary confirmation process in case of tentative nonconfirmation In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a period of 10 working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and employer of such extension. The Secretary, in consultation with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. (4) Design and operation of system The verification system shall be designed and operated— (A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; (D) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including— (i) the selective or unauthorized use of the system to verify eligibility; or (ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; (E) to maximize the prevention of identity theft use in the system; and (F) to limit the subjects of verification to the following individuals: (i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b). (ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b). (iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis. (5) Responsibilities of Commissioner of Social Security As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act. (6) Responsibilities of Secretary of Homeland Security As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States. (7) Updating information The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3). (8) Limitation on use of the verification system and any related systems (A) No national identification card Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (B) Critical infrastructure The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) )) to use the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure. (9) Remedies If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this paragraph. . 4. Recruitment, referral, and continuation of employment (a) Additional changes to rules for recruitment, referral, and continuation of employment Section 274A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a) ) is amended— (1) in paragraph (1)(A), by striking for a fee ; (2) in paragraph (1), by amending subparagraph (B) to read as follows: (B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; and (3) in paragraph (2), by striking after hiring an alien for employment in accordance with paragraph (1), and inserting after complying with paragraph (1), . (b) Definition Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) ), as amended by section 2(b) of this Act, is further amended by adding at the end the following: (5) Definition of recruit or refer As used in this section, the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. . (c) Effective date The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment. 5. Good faith defense Section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) ) is amended to read as follows: (3) Good faith defense (A) Defense An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)— (i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and (ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. (B) Failure to seek and obtain verification Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply: (i) Failure to seek verification (I) In general If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II). (II) Special rule for failure of verification mechanism If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense. (ii) Failure to obtain verification If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period. . 6. Preemption and States’ Rights Section 274A(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(2) ) is amended to read as follows: (2) Preemption (A) Single, national policy The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. (B) State enforcement of Federal law (i) Business licensing A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b). (ii) General rules A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State. . 7. Repeal (a) In general Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is repealed. (b) References Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is deemed to refer to the employment eligibility confirmation system established under section 274A(d) of the Immigration and Nationality Act, as amended by section 3 of this Act. (c) Effective date This section shall take effect on the date that is 36 months after the date of the enactment of this Act. 8. Penalties Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— (1) in subsection (e)(1)— (A) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and (B) in subparagraph (D), by striking Service and inserting Department of Homeland Security ; (2) in subsection (e)(4)— (A) in subparagraph (A), in the matter before clause (i), by inserting , subject to paragraph (10), after in an amount ; (B) in subparagraph (A)(i), by striking not less than $250 and not more than $2,000 and inserting not less than $2,500 and not more than $5,000 ; (C) in subparagraph (A)(ii), by striking not less than $2,000 and not more than $5,000 and inserting not less than $5,000 and not more than $10,000 ; (D) in subparagraph (A)(iii), by striking not less than $3,000 and not more than $10,000 and inserting not less than $10,000 and not more than $25,000 ; and (E) by amending subparagraph (B) to read as follows: (B) may require the person or entity to take such other remedial action as is appropriate. ; (3) in subsection (e)(5)— (A) in the paragraph heading, strike paperwork ; (B) by inserting , subject to paragraphs (10) through (12), after in an amount ; (C) by striking $100 and inserting $1,000 ; (D) by striking $1,000 and inserting $25,000 ; and (E) by adding at the end the following: Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A). ; (4) by adding at the end of subsection (e) the following: (10) Exemption from penalty for good faith violation In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. (11) Authority to debar employers for certain violations (A) In general If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. (B) Does not have contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (C) Has contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (12) Office for State and local government complaints The Secretary of Homeland Security shall establish an office— (A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality; (B) that is required to indicate to the complaining State or local agency within 5 business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided; (C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity; (D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; and (E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary. ; and (5) by amending paragraph (1) of subsection (f) to read as follows: (1) Criminal penalty Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $15,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than one year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels. . 9. Fraud and misuse of documents Section 1546(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking identification document, and inserting identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act), ; and (2) in paragraph (2), by striking identification document and inserting identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act), . 10. Protection of Social Security Administration programs (a) Funding under agreement Effective for fiscal years beginning on or after October 1, 2013, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall— (1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, including (but not limited to)— (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 274A(d), but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section; (2) provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Inspectors General of the Social Security Administration and the Department of Homeland Security. (b) Continuation of employment verification in absence of timely agreement In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2013, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) ) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under subsection (a) for such fiscal year. Until such time as the agreement required under subsection (a) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. 11. Fraud prevention (a) Blocking misused social security account numbers The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program in which social security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) ), as amended by section 3 of this Act, or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse, shall be blocked from use for such system purposes unless the individual using such number is able to establish, through secure and fair additional security procedures, that the individual is the legitimate holder of the number. (b) Allowing suspension of use of certain social security account numbers The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their social security account number or other identifying information for purposes of the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) ), as amended by section 3 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. (c) Allowing parents To prevent theft of their child’s identity The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. 12. Identity authentication employment eligibility verification pilot program Not later than 48 months after the date of the enactment of this Act, the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, shall establish by regulation an Identity Authentication Employment Eligibility Verification pilot program (the Authentication Pilot ). The purpose of the Authentication Pilot shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees which shall be available to subject employers who elect to participate in the Authentication Pilot. Any subject employer may cancel the employer’s participation in the Authentication Pilot after one year after electing to participate without prejudice to future participation. 13. Inspector General audits (a) In general Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall complete audits of the following categories in order to uncover evidence of individuals who are not authorized to work in the United States: (1) Workers who dispute wages reported on their social security account number when they believe someone else has used such number and name to report wages. (2) Children’s social security account numbers used for work purposes. (3) Employers whose workers present significant numbers of mismatched social security account numbers or names for wage reporting. (b) Submission The Inspector General of the Social Security Administration shall submit the audits completed under subsection (a) to the Committee on Ways and Means of the House of Representative and the Committee on Finance of the Senate for review of the evidence of individuals who are not authorized to work in the United States. The Chairmen of those Committees shall then determine information to be shared with the Secretary of Homeland Security so that such Secretary can investigate the unauthorized employment demonstrated by such evidence. | https://www.govinfo.gov/content/pkg/BILLS-113hr1772ih/xml/BILLS-113hr1772ih.xml |
113-hr-1773 | I 113th CONGRESS 1st Session H. R. 1773 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Goodlatte (for himself, Mr. Smith of Texas , Mr. Gowdy , Mr. Farenthold , Mr. Westmoreland , Mr. Poe of Texas , Mr. Holding , Mr. Peterson , and Mr. Hurt ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Education and the Workforce and 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 create a nonimmigrant H–2C work visa program for agricultural workers, and for other purposes.
1. Short title This Act may be cited as— (1) the Agricultural Guestworker Act ; or (2) the AG Act . 2. H–2C temporary agricultural work visa program (a) In general Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) is amended by striking ; or (iii) and inserting , or (c) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services; or (iii) . (b) Definition Section 101(a) of such Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: (53) The term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish in aquaculture facilities. . 3. Admission of temporary H–2C workers (a) Procedure for admission Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 218 the following: 218A. Admission of temporary H–2C workers (a) Definitions In this section and section 218B: (1) Area of employment The term area of employment means the area within normal commuting distance of the worksite or physical location where the work of the H–2C worker is or will be performed. If such work site or location is within a Metropolitan Statistical Area, any place within such area shall be considered to be within the area of employment. (2) Displace The term displace means to lay off a worker from a job that is essentially equivalent to the job for which an H–2C worker is sought. A job shall not be considered to be essentially equivalent to another job unless the job— (A) involves essentially the same responsibilities as such other job; (B) was held by a United States worker with substantially equivalent qualifications and experience; and (C) is located in the same area of employment as the other job. (3) Eligible individual The term eligible individual means an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the employment of the individual. (4) Employer The term employer means an employer who hires workers to perform agricultural employment. (5) H–2C worker The term H–2C worker means a nonimmigrant described in section 101(a)(15)(H)(ii)(c). (6) Lay off (A) In general The term lay off — (i) means to cause a worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in paragraph (3) of subsection (b)); and (ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under subsection (b)(7), with either employer described in such subsection) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. (B) Construction Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. (7) Prevailing wage The term prevailing wage means the wage rate paid to workers in the same occupation in the area of employment as computed pursuant to section 212(p). (8) United States worker The term United States worker means any worker who is— (A) a citizen or national of the United States; or (B) an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Secretary of Homeland Security, to be employed. (b) Petition An employer, or an association acting as an agent or joint employer for its members, that seeks the admission into the United States of an H–2C worker shall file with the Secretary of Agriculture a petition attesting to the following: (1) Temporary work or services (A) In general The employer is seeking to employ a specific number of agricultural workers on a temporary basis and will provide compensation to such workers at a specified wage rate. (B) Definition For purposes of this paragraph, a worker is employed on a temporary basis if the employer intends to employ the worker for no longer than 18 months (except for sheepherders) during any contract period. (2) Benefits, wages, and working conditions The employer will provide, at a minimum, the benefits, wages, and working conditions required by subsection (k) to all workers employed in the jobs for which the H–2C worker is sought and to all other temporary workers in the same occupation at the place of employment. (3) Nondisplacement of united states workers The employer did not displace and will not displace a United States worker employed by the employer during the period of employment of the H–2C worker and during the 30-day period immediately preceding such period of employment in the occupation at the place of employment for which the employer seeks approval to employ H–2C workers. (4) Recruitment (A) In general The employer— (i) conducted adequate recruitment in the area of intended employment before filing the attestation; and (ii) was unsuccessful in locating a qualified United States worker for the job opportunity for which the H–2C worker is sought. (B) Other requirements The recruitment requirement under subparagraph (A) is satisfied if the employer places a local job order with the State workforce agency serving the local area where the work will be performed, except that nothing in this subparagraph shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ). The Secretary of Labor shall include links to the official Web sites of all State workforce agencies on a single webpage of the official Web site of the Department of Labor. (C) End of recruitment requirement The requirement to recruit United States workers shall terminate on the first day that work begins for the H–2C worker. (5) Offers to United States workers The employer has offered or will offer the job for which the H–2C worker is sought to any eligible United States worker who— (A) applies; (B) is qualified for the job; and (C) will be available at the time and place of need. This requirement shall not apply to a United States worker who applies for the job on or after the first day that work begins for the H–2C worker. (6) Provision of insurance If the job for which the H–2C worker is sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the worker unless State law provides otherwise, insurance covering injury and disease arising out of, and in the course of, the worker’s employment, which will provide benefits at least equal to those provided under the State workers compensation law for comparable employment. (7) Requirements for placement of H–2C workers with other employers A nonimmigrant who is admitted into the United States as an H–2C worker may be transferred to another employer that has filed a petition under this subsection and is in compliance with this section. (8) Strike or lockout There is not a strike or lockout in the course of a labor dispute which, under regulations promulgated by the Secretary of Agriculture, precludes the hiring of H–2C workers. (9) Previous violations The employer has not, during the previous two-year period, employed H–2C workers and knowingly violated a material term or condition of approval with respect to the employment of domestic or nonimmigrant workers, as determined by the Secretary of Agriculture after notice and opportunity for a hearing. (c) Public examination Not later than 1 working day after the date on which a petition under this section is filed, the employer shall make a copy of each such petition available for public examination, at the employer’s principal place of business or worksite. (d) List (1) In general The Secretary of Agriculture shall maintain a list of the petitions filed under subsection (b), which shall— (A) be sorted by employer; and (B) include the number of H–2C workers sought, the wage rate, the period of intended employment, and the date of need for each alien. (2) Availability The Secretary of Agriculture shall make the list available for public examination. (e) Petitioning for admission (1) Consideration of petitions For petitions filed and considered under subsection (b)— (A) the Secretary of Agriculture may not require such petition to be filed more than 28 calendar days before the first date the employer requires the labor or services of the H–2C worker; (B) unless the Secretary of Agriculture determines that the petition is incomplete or obviously inaccurate, the Secretary, not later than 10 business days after the date on which such petition was filed, shall either approve or reject the petition and provide the petitioner with notice of such action by means ensuring same or next day delivery; and (C) if the Secretary determines that the petition is incomplete or obviously inaccurate, the Secretary shall— (i) within 5 business days of receipt of the petition, notify the petitioner of the deficiencies to be corrected by means ensuring same or next day delivery; and (ii) within 10 business days of receipt of the corrected petition, approve or deny the petition and provide the petitioner with notice of such action by means ensuring same or next day delivery. (2) Petition agreements By filing an H–2C petition, a petitioner and each employer consents to allow access to the site where the labor is being performed to the Department of Agriculture and the Department of Homeland Security for the purpose of investigations to determine compliance with H–2C requirements and the immigration laws. Notwithstanding any other provision of law, the Departments of Agriculture and Homeland Security cannot delegate their compliance functions to other agencies or Departments. (f) Roles of agricultural associations (1) Permitting filing by agricultural associations A petition under subsection (b) to hire an alien as a temporary agricultural worker may be filed by an association of agricultural employers which use agricultural services. (2) Treatment of associations acting as employers If an association is a joint employer of temporary agricultural workers, such workers may be transferred among its members to perform agricultural services of a temporary nature for which the petition was approved. (3) Treatment of violations (A) Individual member If an individual member of a joint employer association violates any condition for approval with respect to the member’s petition, the Secretary of Agriculture shall consider as an employer for purposes of subsection (b)(9) and invoke penalties pursuant to subsection (i) against only that member of the association unless the Secretary of Agriculture determines that the association or other member participated in, had knowledge of, or had reason to know of the violation. (B) Association of agricultural employers If an association representing agricultural employers as a joint employer violates any condition for approval with respect to the association’s petition, the Secretary of Agriculture shall consider as an employer for purposes of subsection (b)(9) and invoke penalties pursuant to subsection (i) against only the association and not any individual member of the association, unless the Secretary determines that the member participated in, had knowledge of, or had reason to know of the violation. (g) Expedited administrative appeals The Secretary of Agriculture shall promulgate regulations to provide for an expedited procedure— (1) for the review of a denial of a petition under this section by the Secretary; or (2) at the petitioner’s request, for a de novo administrative hearing at which new evidence may be introduced. (h) Miscellaneous provisions (1) Endorsement of documents The Secretary of Homeland Security shall provide for the endorsement of entry and exit documents of H–2C workers as may be necessary to carry out this section and to provide notice for purposes of section 274A. (2) Fees (A) In general The Secretary of Agriculture shall require, as a condition of approving the petition, the payment of a fee, in accordance with subparagraph (B), to recover the reasonable cost of processing petitions filed by employers or associations of employers seeking H–2C workers for jobs of a temporary or seasonal nature, but may not require the payment of such fees to recover the costs of processing petitions filed by employers or associations of employers seeking H–2C workers for jobs not of a temporary or seasonal nature. (B) Fee by type of employee (i) Single employer An employer whose petition for temporary alien agricultural workers is approved shall, for each approved petition, pay a fee that— (I) subject to subclause (II), is equal to $100 plus $10 for each approved H–2C worker; and (II) does not exceed $1,000. (ii) Association Each employer-member of a joint employer association whose petition for H–2C workers is approved shall, for each such approved petition, pay a fee that— (I) subject to subclause (II), is equal to $100 plus $10 for each approved H–2C worker; and (II) does not exceed $1,000. (iii) Limitation on association fees A joint employer association under clause (ii) shall not be charged a separate fee. (C) Method of payment The fees collected under this paragraph shall be paid by check or money order to the Department of Agriculture. In the case of employers of H–2C workers that are members of a joint employer association petitioning on their behalf, the aggregate fees for all employers of H–2C workers under the petition may be paid by 1 check or money order. (i) Enforcement (1) Investigations and audits The Secretary of Agriculture shall be responsible for conducting investigations and random audits of employers to ensure compliance with the requirements of the H–2C program. All monetary fines levied against violating employers shall be paid to the Department of Agriculture and used to enhance the Department of Agriculture’s investigatory and auditing power. (2) Failure to meet conditions If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a failure to meet a condition of subsection (b), or a material misrepresentation of fact in a petition under subsection (b), the Secretary— (A) may impose such other administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and (B) may disqualify the employer from the employment of H–2C workers for a period of 1 year. (3) Penalties for willful failure If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a willful failure to meet a material condition of subsection (b), or a willful misrepresentation of a material fact in a petition under subsection (b), the Secretary— (A) may impose such other administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; (B) may disqualify the employer from the employment of H–2C workers for a period of 2 years; (C) may, for a subsequent violation not arising out of the prior incident, disqualify the employer from the employment of H–2C workers for a period of 5 years; and (D) may, for a subsequent violation not arising out of the prior incident, permanently disqualify the employer from the employment of H–2C workers. (4) Penalties for displacement of United States workers If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a willful failure to meet a material condition of subsection (b) or a willful misrepresentation of a material fact in a petition under subsection (b), in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer during the period of employment of the H–2C worker or during the 30-day period preceding such period of employment, the Secretary— (A) may impose such other administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as the Secretary determines to be appropriate; (B) may disqualify the employer from the employment of H–2C workers for a period of 5 years; and (C) may, for a second violation, permanently disqualify the employer from the employment of H–2C workers. (j) Failure To pay wages or required benefits (1) Assessment If the Secretary of Agriculture finds, after notice and opportunity for a hearing, that the employer has failed to provide the benefits, wages, and working conditions attested by the employer under subsection (b), the Secretary shall assess payment of back wages, or such other required benefits, due any United States worker or H–2C worker employed by the employer in the specific employment in question. (2) Amount The back wages or other required benefits described in paragraph (1)— (A) shall be equal to the difference between the amount that should have been paid and the amount that was paid to such worker; and (B) shall be distributed to the worker to whom such wages or benefits are due. (k) Minimum wages, benefits, and working conditions (1) Preferential treatment of aliens prohibited (A) In general Each employer seeking to hire United States workers shall offer such workers not less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H–2C workers. No job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employer’s H–2C workers. (B) Interpretation Every interpretation and determination made under this section or under any other law, regulation, or interpretative provision regarding the nature, scope, and timing of the provision of these and any other benefits, wages, and other terms and conditions of employment shall be made so that— (i) the services of workers to their employers and the employment opportunities afforded to workers by the employers, including those employment opportunities that require United States workers or H–2C workers to travel or relocate in order to accept or perform employment— (I) mutually benefit such workers, as well as their families, and employers; and (II) principally benefit neither employer nor employee; and (ii) employment opportunities within the United States benefit the United States economy. (2) Required wages (A) In general Each employer petitioning for workers under subsection (b) shall pay not less than the greater of— (i) the prevailing wage level for the occupational classification in the area of employment; or (ii) the applicable Federal, State, or local minimum wage, whichever is greatest. (B) Special rule An employer can utilize a piece rate or other alternative wage payment system as long as the employer guarantees each worker a wage rate that equals or exceeds the amount required under subparagraph (A). (3) Employment guarantee (A) In general (i) Requirement Each employer petitioning for workers under subsection (b) shall guarantee to offer the worker employment for the hourly equivalent of not less than 50 percent of the work hours during the total anticipated period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer. (ii) Failure to meet guarantee If the employer affords the United States worker or the H–2C worker less employment than that required under this subparagraph, the employer shall pay such worker the amount which the worker would have earned if the worker had worked for the guaranteed number of hours. (iii) Period of employment For purposes of this subparagraph, the term period of employment means the total number of anticipated work hours and workdays described in the job offer and shall exclude the worker’s Sabbath and Federal holidays. (B) Calculation of hours Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker’s Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met. (C) Limitation If the worker voluntarily abandons employment before the end of the contract period, or is terminated for cause, the worker is not entitled to the 50 percent guarantee described in subparagraph (A). (D) Termination of employment (i) In general If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required due to any form of natural disaster, including flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease, pest infestation, regulatory action, or any other reason beyond the control of the employer before the employment guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker’s employment. (ii) Requirements If a worker’s employment is terminated under clause (i), the employer shall— (I) fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed during the period beginning on the first work day after the arrival of the worker and ending on the date on which such employment is terminated; (II) make efforts to transfer the United States worker to other comparable employment acceptable to the worker; and (III) not later than 24 hours after termination, notify (or have an association acting as an agent for the employer notify) the Secretary of Homeland Security of such termination. (l) Period of Admission (1) In general An H–2C worker shall be admitted for a period of employment, not to exceed 18 months (or 36 months as provided in subsection (o)(3)(A) for a worker employed in a job that is not of a temporary or seasonal nature), and except for sheepherders, that includes— (A) a period of not more than 7 days prior to the beginning of the period of employment for the purpose of travel to the work site; and (B) a period of not more than 14 days following the period of employment for the purpose of departure or a period of not more than 30 days following the period of employment for the purpose of seeking a subsequent offer of employment by an employer pursuant to a petition under this section (or pursuant to at-will employment pursuant to section 218B during such time as that section is in effect). An H–2C worker who does not depart within these periods will be considered to have failed to maintain nonimmigrant status as an H–2C worker and shall be subject to removal under section 237(a)(1)(C)(i). Such alien shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the alien considered to have been unlawfully present for 180 days as of the 15th day following the period of employment for the purpose of departure or as of the 31st day following the period of employment for the purpose of seeking a subsequent offer of employment where the alien has not found at-will employment with a registered agricultural employer pursuant to section 218B or employment pursuant to this section. (2) Employment limitation An alien may not be employed during the 14-day period described in paragraph (1)(B) except in the employment for which the alien is otherwise authorized. (m) Abandonment of employment (1) In general An alien admitted or provided status under section 101(a)(15)(H)(ii)(c) who abandons the employment which was the basis for such admission or status— (A) shall have failed to maintain nonimmigrant status as an H–2C worker; (B) shall depart the United States or be subject to removal under section 237(a)(1)(C)(i); and (C) shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the alien considered to have been unlawfully present for 180 days as of the 15th day following the date of the abandonment of employment. (2) Report by employer Not later than 24 hours after an employer learns of the abandonment of employment by an H–2C worker, the employer or association acting as an agent for the employer, shall notify the Secretary of Homeland Security of such abandonment. (3) Removal The Secretary of Homeland Security shall promptly remove from the United States any H–2C worker who violates any term or condition of the worker’s nonimmigrant status. (4) Voluntary termination Notwithstanding paragraph (1), an alien may voluntarily terminate the alien’s employment if the alien promptly departs the United States upon termination of such employment. An alien who voluntarily terminates the alien’s employment and who does not depart within 14 days shall be considered to have failed to maintain nonimmigrant status as an H–2C worker and shall be subject to removal under section 237(a)(1)(C)(i). Such alien shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the alien considered to have been unlawfully present for 180 days as of the 15th day following the voluntary termination of employment. (n) Replacement of alien An employer may designate an eligible alien to replace an H–2C worker who abandons employment notwithstanding the numerical limitation found in section 214(g)(1)(C). (o) Extension of stay of H–2C workers in the United States (1) Extension of stay If an employer seeks approval to employ an H–2C worker who is lawfully present in the United States, the petition filed by the employer or an association pursuant to subsection (b) shall request an extension of the alien’s stay and, if applicable, a change in the alien’s employment. (2) Work authorization upon filing petition for extension of stay (A) In general An alien who is lawfully present in the United States on the date of the filing of a petition to extend the stay of the alien may commence or continue the employment described in a petition under paragraph (1) until and unless the petition is denied. The employer shall provide a copy of the employer’s petition for extension of stay to the alien. The alien shall keep the petition with the alien’s identification and employment eligibility document, as evidence that the petition has been filed and that the alien is authorized to work in the United States. (B) Employment eligibility document Upon approval of a petition for an extension of stay or change in the alien’s authorized employment, the Secretary of Homeland Security shall provide a new or updated employment eligibility document to the alien indicating the new validity date, after which the alien is not required to retain a copy of the petition. (C) File defined In this paragraph, the term file means sending the petition by certified mail via the United States Postal Service, return receipt requested, or delivering by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition for an extension of stay. (3) Limitation on an individual’s stay in status (A) Maximum period The maximum continuous period of authorized status as an H–2C worker (including any extensions) is 18 months for a worker employed in a job that is of a temporary or seasonal nature. For an H–2C worker employed in a job that is not of a temporary or seasonal nature, the initial maximum continuous period of authorized status is 36 months and subsequent maximum continuous periods of authorized status are 18 months. There is no maximum continuous period of authorized status for a sheepherder. (B) Requirement to remain outside the united states In the case of an alien outside the United States who was employed in a job of a temporary or seasonal nature pursuant to section 101(a)(15)(H)(ii)(c) whose period of authorized status as an H–2C worker (including any extensions) has expired, the alien may not again be admitted to the United States as an H–2C worker unless the alien has remained outside the United States for a continuous period equal to at least 1/6 the duration of the alien’s previous period of authorized status as an H–2C worker. For an alien outside the United States who was employed in a job not of a temporary or seasonal nature pursuant to section 101(a)(15)(H)(ii)(c) whose period of authorized status as an H–2C worker (including any extensions) has expired, the alien may not again be admitted to the United States as an H–2C worker unless the alien has remained outside the United States for a continuous period equal to at least the lesser of 1/6 the duration of the alien’s previous period of authorized status as an H–2C worker or 3 months. There is no requirement to remain outside the United States for sheepherders. (p) Adjustment of status Notwithstanding any other provision of law, an alien who is unlawfully present in the United States on April 25, 2013, is eligible to adjust status to that of an H–2C worker. (q) Trust fund To assure worker return (1) Establishment There is established in the Treasury of the United States a trust fund (in this section referred to as the Trust Fund ) for the purpose of providing a monetary incentive for H–2C workers to return to their country of origin upon expiration of their visas. (2) Withholding of wages; payment into the trust fund (A) In general Notwithstanding the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), all employers of H–2C workers shall withhold from the wages of the workers an amount equivalent to 10 percent of the wages of each worker and pay such withheld amount into the Trust Fund. (B) Jobs that are not of a temporary or seasonal nature Employers of H–2C workers employed in jobs that are not of a temporary or seasonal nature shall pay into the Trust Fund an amount equivalent to the Federal tax on the wages paid to H–2C workers that the employer would be obligated to pay under chapters 21 and 23 of the Internal Revenue Code of 1986 had the H–2C workers been subject to such chapters. Amounts withheld under this paragraph shall be maintained in such interest bearing account with such a financial institution as the Secretary of Agriculture shall specify. (3) Distribution of funds Amounts paid into the Trust Fund on behalf of an H–2C worker, and held pursuant to paragraph (2)(A) and interest earned thereon, shall be paid by the Secretary of State to the worker if— (A) the worker applies to the Secretary of State (or the designee of such Secretary) for payment within 30 days of the expiration of the alien’s last authorized stay in the United States as an H–2C worker at a United States embassy or consulate in the worker’s home country; (B) in such application the worker establishes that the worker has complied with the terms and conditions of the H–2C program; and (C) in connection with the application, the H–2C worker confirms their identity. (4) Administrative expenses The amounts paid into the Trust Fund and held pursuant to paragraph (2)(B), and interest earned thereon, shall be paid to the Secretary of State, the Secretary of Agriculture, and the Secretary of Homeland Security in amounts equivalent to the expenses incurred by such officials in the administration of the H–2C program not reimbursed pursuant to subsection (h)(2) or section 218B(b). (r) Investment of trust fund (1) In general It shall be the duty of the Secretary of the Treasury to invest such portion of the Trust Fund as is not, in the Secretary’s judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired— (A) on original issue at the price; or (B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Trust Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of 1/8 of 1 percent, the rate of interest of such special obligations shall be the multiple of 1/8 of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. (2) Sale of obligation Any obligation acquired by the Trust Fund (except special obligations issued exclusively to the Trust Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. (3) Credits to trust fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. (4) Report to Congress It shall be the duty of the Secretary of the Treasury to hold the Trust Fund, and (after consultation with the Secretary of Agriculture) to report to the Congress each year on the financial condition and the results of the operations of the Trust Fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year. Such report shall be printed as both a House and a Senate document of the session of the Congress to which the report is made. . (b) At-Will employment Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 218A (as inserted by subsection (a)) the following: 218B. At-will employment of temporary H–2C workers (a) At-Will employment (1) In general An H–2C worker may perform agricultural labor or services for any employer that is designated as a registered agricultural employer pursuant to subsection (b). However, an H–2C worker may only perform labor or services pursuant to this section if the worker is already lawfully present in the United States as an H–2C worker, having been admitted or otherwise provided nonimmigrant status pursuant to section 218A, and has completed the period of employment specified in the job offer the worker accepted pursuant to section 218A or the employer has terminated the worker’s employment pursuant to section 218A(k)(3)(D)(i). An H–2C worker who abandons the employment which was the basis for admission or status pursuant to section 218A may not perform labor or services pursuant to this section until the worker has returned to their home country, been readmitted as an H–2C worker pursuant to section 218A and has completed the period of employment specified in the job offer the worker accepted pursuant to section 218A or the employer has terminated the worker’s employment pursuant to section 218A(k)(3)(D)(i). (2) Period of stay An H–2C worker performing such labor or services for a registered agricultural employer is subject to the period of admission, limitation of stay in status, and requirement to remain outside the United States contained in subsections (l) and (o)(3) of section 218A. (3) Termination of employment At the conclusion of at-will employment with a registered agricultural employer or the conclusion of employment pursuant to section 218A qualifying an H–2C worker to perform at-will work pursuant to this section, an H–2C worker shall find at-will employment with a registered agricultural employer or employment pursuant to section 218A within 30 days or will be considered to have failed to maintain nonimmigrant status as an H–2C worker and shall depart from the United States or be subject to removal under section 237(a)(1)(C)(i). An H–2C worker who does not so depart shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the alien considered to have been unlawfully present for 180 days as of the 31st day after conclusion of employment where the alien has not found at-will employment with a registered agricultural employer or employment pursuant to section 218A. However, an alien may voluntarily terminate the alien’s employment if the alien promptly departs the United States upon termination of such employment. Either a registered agricultural employer or an H–2C worker may voluntarily terminate the worker’s at-will employment at any time. The H–2C worker then shall find additional at-will employment with a registered agricultural employer or employment pursuant to section 218A within 30 days or will be considered to have failed to maintain nonimmigrant status as an H–2C worker and shall depart from the United States or be subject to removal under section 237(a)(1)(C)(i). An H–2C worker who does not so depart shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the alien considered to have been unlawfully present for 180 days as of the 31st day after conclusion of employment where the alien has not found at-will employment with a registered agricultural employer or employment pursuant to section 218A. (b) Registered agricultural employers The Secretary of Agriculture shall establish a process to accept and adjudicate applications by employers to be designated as registered agricultural employers. The Secretary shall require, as a condition of approving the petition, the payment of a fee to recover the reasonable cost of processing the application. The Secretary shall designate an employer as a registered agricultural employer if the Secretary determines that the employer— (1) employs individuals who perform agricultural labor or services; (2) has not been subject to debarment from receiving future temporary agricultural labor certifications pursuant to section 101(a)(15)(H)(ii)(a) within the last five years; (3) has not been subject to disqualification from the employment of H–2C workers within the last five years, (4) agrees to, if employing an H–2C worker pursuant to this section, abide by the terms of the attestations contained in section 218A(b) and the obligations contained in subsections (k) (excluding paragraph (3) of such subsection) and (q) of section 218A as if it had submitted a petition making those attestations and accepting those obligations, and (5) agrees to notify the Secretary of Agriculture and the Secretary of Homeland Security each time it employs an H–2C worker pursuant to this section within 24 hours of the commencement of employment and each time an H–2C worker ceases employment within 24 hours of the cessation of employment. (c) Length of designation An employer’s designation as a registered agricultural employer shall be valid for 3 years, and the designation can be extended upon reapplication for additional 3-year terms. The Secretary shall revoke a designation before the expiration of its three year term if the employer is subject to disqualification from the employment of H–2C workers subsequent to being designated as a registered agricultural employer. (d) Enforcement The Secretary of Agriculture shall be responsible for conducting investigations and random audits of employers to ensure compliance with the requirements of this section. All monetary fines levied against violating employers shall be paid to the Department of Agriculture and used to enhance the Department of Agriculture’s investigatory and audit power. The Secretary of Agriculture’s enforcement powers and an employer’s liability described in subsections (i) through (j) of section 218A are applicable to employers employing H–2C workers pursuant to this section. (e) Removal of H–2C worker The Secretary of Homeland Security shall promptly remove from the United States any H–2C worker who is or had been employed pursuant to this section on an at-will basis who is who violates any term or condition of the worker’s nonimmigrant status. . (c) Prohibition on family members Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) is amended by striking him; at the end and inserting him, except that no spouse or child may be admitted under clause (ii)(c); . (d) Numerical cap Section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) under section 101(a)(15)(H)(ii)(c) may not exceed 500,000, except that— (i) the Secretary of Agriculture may increase or decrease such number based on— (I) a shortage or surplus of workers performing agricultural labor or services; (II) growth or contraction in the United States agricultural industry that has increased or decreased the demand for workers to perform agricultural labor or services; (III) the level of unemployment and underemployment of United States workers (as defined in section 218A(a)(8)) in agricultural labor or services; (IV) the number of nonimmigrant workers employers sought during the preceding fiscal year pursuant to clause (a) or (c) of section 101(a)(15)(H)(ii); (V) the number of H–2C workers (as defined in section 218A(a)(5)) who in the preceding fiscal year had to depart from the United States or be subject to removal under section 237(a)(1)(C)(i) because they could not find additional at-will employment within 30 days pursuant to section 218B; (VI) the estimated number of United States workers (as defined in section 218A(a)(8)) who worked in agriculture during the preceding fiscal year pursuant to clause (a) or (c) of section 101(a)(15)(H)(ii); and (VII) the number of nonimmigrant agricultural workers issued a visa or otherwise provided nonimmigrant status pursuant to clause (a) or (c) of section 101(a)(15)(H)(ii) during preceding fiscal years who remain in the United States out of compliance with the terms of their status; (ii) during any fiscal year, the Secretary of Agriculture may increase such number on an emergency basis for severe shortages of agricultural labor or services; and (iii) this numerical limitation shall not apply to any alien who performed agricultural labor or services for not fewer than 575 hours or 100 days in which the alien was employed 5.75 or more hours performing agricultural labor or services pursuant to section 7 of the AG Act during the 2-year period beginning on the date of the enactment of such Act and ending on the date that is 2 years after such date. . (e) Waiver of Bars to Admissibility Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(v)) is amended— (1) by striking The Attorney General and inserting the following: (I) In general The Secretary of Homeland Security . (2) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and (3) by adding at the end the following: (II) H–2C workers The Secretary of Homeland Security shall waive clause (i) solely if necessary to allow an alien to come temporarily to the United States to perform agricultural labor or services as provided in section 101(a)(15)(H)(ii)(c), except to the extent that the alien’s unlawful presence followed after the alien’s having the status of a nonimmigrant under such section. . (f) Prevailing Wage Section 212(p) of the Immigration and Nationality Act ( 8 U.S.C. 1182(p) ) is amended— (1) in paragraph (1), by adding and section 218A after of this section ; and (2) in paragraph (3), by adding and section 218A after of this section . (g) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 218 the following: Sec. 218A. Admission of temporary H–2C workers. Sec. 218B. At-will employment of temporary H–2C workers. . 4. Mediation A nonimmigrant having status under section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring a civil action for damages against the nonimmigrant’s employer, nor may any other attorney or individual bring a civil action for damages on behalf of such a nonimmigrant against the nonimmigrant’s employer, unless at least 90 days prior to bringing the action a request has been made to the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute and mediation has been attempted. 5. Migrant and seasonal agricultural worker protection Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802(8)(B)(ii) ) is amended by striking under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and Nationality Act. and inserting under subclauses (a) and (c) of section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and Nationality Act. . 6. Binding arbitration (a) Applicability Any H–2C worker may, as a condition of employment with an employer, be subject to mandatory binding arbitration and mediation of any grievance relating to the employment relationship. An employer shall provide any such worker with notice of such condition of employment at the time the job offer is made. (b) Allocation of costs Any cost associated with such arbitration and mediation process shall be equally divided between the employer and the H–2C worker, except that each party shall be responsible for the cost of its own counsel, if any. (c) Definitions As used in this section: (1) The term condition of employment means a term, condition, obligation, or requirement that is part of the job offer, such as the term of employment, the job responsibilities, the employee conduct standards, and the grievance resolution process, and to which an applicant or prospective H–2C worker must consent or accept in order to be hired for the position. (2) The term H–2C worker means a nonimmigrant described in section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(ii)(c)). 7. The performance of agricultural labor or services by aliens who are unlawfully present The Secretary of Homeland Security shall waive the grounds of inadmissibility contained in paragraphs (5), (6), (7), and (9)(B) of section 212(a), and the grounds of deportability contained in subparagraphs (A) through (D) of paragraph (1), and paragraph (3), of section 237(a), of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) in the case of an alien physically present in the United States as of April 25, 2013, solely as may be necessary in order to allow the alien to perform agricultural labor or services. Such alien shall not be considered an unauthorized alien for purposes of section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ) or to be unlawfully present as long as the alien performs such labor or services. 8. Eligibility for Federal public benefits and refundable tax credits (a) Federal public benefits H–2C workers (as defined in section 218A(a)(5) of the Immigration and Nationality Act, as inserted by section 3(a) of this Act) and aliens performing agricultural labor or services pursuant to section 7 of this Act— (1) are not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986; (2) shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection (e) of such section; and (3) shall be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)). (b) Refundable tax credits H–2C workers (as defined in section 218A(a)(5) of the Immigration and Nationality Act, as inserted by section 3(a) of this Act) and aliens performing agricultural labor or services pursuant to section 7 of this Act shall not be allowed any credit under section 24 or 32 of the Internal Revenue Code of 1986. In the case of a joint return, no credit shall be allowed under either such section if both spouses are such a worker or alien. 9. Effective dates; sunset; regulations (a) Effective dates (1) In general The amendments made by sections 2 and 4 through 6, and subsections (a) and (c) through (f) of section 3, of this Act shall take effect on the date that is 2 years after the date of the enactment of this Act, and the Secretary of Agriculture shall accept petitions to import an alien under sections 101(a)(15)(H)(ii)(c) and 218A of the Immigration and Nationality Act, as inserted by this Act, beginning on such date. (2) At-will employment The amendment made by section 3(b) of this Act shall take effect on the date that it becomes unlawful for any person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an individual (as provided in section 274A(a)(1) of the Immigration and Nationality Act) ( 8 U.S.C. 1324a(a)(1) ) without participating in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) or an employment eligibility verification system patterned on such program’s verification system, and only if at that time the E-Verify Program (or another program patterned after the E-Verify Program) responds to inquiries made by such persons or entities by providing confirmation, tentative nonconfirmation, and final nonconfirmation of an individual’s identity and employment eligibility in such a way that indicates whether the individual is eligible to be employed in all occupations or only to perform agricultural labor or services pursuant to section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (as inserted by this Act), and if the latter, whether the nonimmigrant would be in compliance with their maximum continuous period of authorized status and requirement to remain outside the United States pursuant to sections 218A and 218B of such Act (as so added) and on what date the alien would cease to be in compliance with their maximum continuous period of authorized status. (3) Agricultural labor or services by aliens unlawfully present Section 7 of this Act shall take effect on the date of the enactment of this Act and shall cease to be in effect on the date that is 2 years after such date. (b) Operation and sunset of the H–2A program (1) Application of existing regulations The Department of Labor H–2A program regulations published at 73 Federal Register 77110 et seq. (2008) shall be in force for all petitions approved under sections 101(a)(15)(H)(ii)(c) and 218A of the Immigration and Nationality Act, as inserted by this Act, beginning on the date of the enactment of this Act. (2) Adjustment of status Notwithstanding any other provision of law, an alien who is unlawfully present in the United States on the date of the enactment of this Act is eligible to adjust status to that of an alien described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) beginning on the date of the enactment of this Act and ending on the date that is 2 years after the date of the enactment of this Act. (3) Sunset Beginning on the date that is 2 years after the date of the enactment of this Act, no new petition to import an alien under sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ; 8 U.S.C. 1188 ) shall be accepted. (c) Regulations Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture shall promulgate regulations, in accordance with the notice and comment provisions of section 553 of title 5, United States Code, to implement the Secretary’s duties under this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1773ih/xml/BILLS-113hr1773ih.xml |
113-hr-1774 | I 113th CONGRESS 1st Session H. R. 1774 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Doggett (for himself, Mr. Grimm , Mr. Cartwright , Mr. Conyers , Mr. DeFazio , Mr. Grijalva , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. McGovern , Mr. Rangel , Mr. Hinojosa , Ms. Norton , Mr. Enyart , Mr. Dingell , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for the reemployment of certain persons following absences from a position of employment for the purpose of obtaining medical treatment for certain injuries and illnesses, and for other purposes.
1. Short title This Act may be cited as the Wounded Veteran Job Security Act . 2. Expansion of definition of service in uniformed services for purposes of USERRA Section 4303(13) of title 38, United States Code, is amended to read as follows: (13) The term service in the uniformed services means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty, a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32, and a period for which a person is absent from a position of employment for the purpose of obtaining medical treatment for an injury or illness recognized by the Secretary of Veterans Affairs as a service-connected, or for which a line of duty document has been granted by the Secretary of Defense. . 3. Documentation of treatment for purposes of reemployment under USERRA Section 4312(f) of such title is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5); (2) by inserting after paragraph (1) the following new paragraph (2): (2) A person who submits an application for reemployment due to an absence for the purpose of obtaining medical treatment for an injury or illness referred to in section 4303(13) of this title shall provide to the person’s employer (upon the request of such employer) documentation to establish the individual’s eligibility for reemployment on that basis. Such an application shall include sufficient documentation to establish a link between the injury or illness and the medical treatment the person obtained. ; (3) in paragraph (3), as so redesignated, by striking paragraph (1) and inserting paragraph (1) or paragraph (2) ; and (4) in paragraph (4)(A), as so redesignated— (A) by striking paragraph (2) and inserting paragraph (3) ; and (B) by striking paragraph (1) and inserting paragraph (1) or should be deemed ineligible for reemployment on the grounds of paragraph (2) . 4. Notification of employer of intent to return to a position of employment Section 4312(e)(1)(A) of such title is amended by inserting after 31 days the following: or a person who was absent from a position of employment for the purpose of obtaining medical treatment for an injury or illness recognized by the Secretary of Veterans Affairs as a service-connected, or for which a ‘line of duty’ document has been granted by the Secretary of Defense . 5. Effective date The amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1774ih/xml/BILLS-113hr1774ih.xml |
113-hr-1775 | I 113th CONGRESS 1st Session H. R. 1775 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Fitzpatrick (for himself, Ms. Schwartz , Mr. Marino , Mr. Brady of Pennsylvania , Mr. Grimm , Mr. King of New York , Mr. Barletta , Mr. Fattah , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to issue an order with respect to secondary cockpit barriers, and for other purposes.
1. Short title This Act may be cited as the Saracini Aviation Safety Act of 2013 . 2. Secondary cockpit barriers Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order that— (1) requires, on each commercial aircraft operating under part 121 of title 14, Code of Federal Regulations, the installation of a barrier, other than the cockpit door, that prevents access to the flight deck of an aircraft; and (2) requires, for an aircraft— (A) that is equipped with a cockpit door, that the barrier required under paragraph (1) remain locked while— (i) the aircraft is in flight; and (ii) the cockpit door separating the flight deck and the passenger area is open; and (B) that is not equipped with a cockpit door, that the barrier required under paragraph (1) remain locked as determined appropriate by the pilot in command. | https://www.govinfo.gov/content/pkg/BILLS-113hr1775ih/xml/BILLS-113hr1775ih.xml |
113-hr-1776 | I 113th CONGRESS 1st Session H. R. 1776 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Farr (for himself, Mr. Valadao , and Mr. Denham ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Clear Creek National Recreation Area in San Benito and Fresno Counties, to designate the Joaquin Rocks Wilderness in such counties, to designate additional components of the national wild and scenic rivers system, and for other purposes.
1. Short title This Act may be cited as the Clear Creek National Recreation Area and Conservation Act . 2. Definitions In this Act: (1) Management plan The term management plan means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area The term Recreation Area means the Clear Creek National Recreation Area. (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of California. 3. Establishment of Clear Creek National Recreation Area (a) In general To promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, access for hunting and gem collecting, while protecting ecological, geological, scenic, cultural, and historic resources, fish and wildlife values, and other resources of the landscape, there is established the Clear Creek National Recreation Area in the State, to be managed by the Secretary. (b) Boundaries The Recreation Area shall consist of approximately 75,000 acres of Federal land in San Benito County and Fresno County, California, as generally depicted on the map entitled Clear Creek National Recreation Area and dated July 30, 2012. (c) Map (1) In general As soon as practicable, after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the Recreation Area to— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Availability Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in— (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in California. 4. Management (a) In general The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with— (1) this Act; (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) any other applicable law. (b) Uses The Secretary shall— (1) allow hiking, camping, hunting, gem collecting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated roads, trails, and areas; (2) issue special recreation permits for motorized and non-motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim management plan The Secretary shall use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act, or by the Secretary to incorporate natural resource protection information not available in 2005, as the basis of an interim management plan to govern motorized recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent management plan Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that— (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with— (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; and (C) other stakeholders (including conservation and recreational organizations); (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including, but not limited to, off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (6) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (7) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (8) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of property (1) In general The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management Any land acquired under paragraph (1) shall be managed in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private property (1) Access to private property (A) In general The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property Nothing in this Act affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land). (3) Buffer zones Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water right exclusion Nothing in this Act— (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and fishing Nothing in this Act— (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized vehicles Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with— (1) this Act; (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees Amounts received by the Secretary under the fee structure required by subsection (c)(3)(G) shall be— (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended, without further appropriation, to the Secretary for use in the Recreation Area. (m) Risk Standard The National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 ), shall not apply to the Secretary’s management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). 5. Joaquin Rocks Wilderness In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled Proposed Joaquin Rocks Wilderness and dated April 16, 2013, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the Joaquin Rocks Wilderness . 6. Clear creek management area wild and scenic rivers Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following paragraphs: (__) Larious Canyon The approximately 5.25 miles of Larious Canyon Creek from its source near Idria Peak in Section 6, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 23, R11E, T17S. (__) San Carlos Creek The approximately 5.51 miles of the East Fork San Carlos Creek from its source near San Benito Mountain in Section 10, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 22, R12E, T17S. (__) Cantua Creek The approximately 7.68 miles of Cantua Creek from its source north of Santa Rita Peak in Section 24, R12E, T18S, to the public land boundary in Section 3, R13E, T18S. (__) Picacho Creek The approximately 2.65 miles of Picacho Creek, from its source spring in Section 20, R12E, T18S, to its confluence with the San Benito River. (__) White Creek and Tributaries (A) The approximately 5.37 miles of White Creek, from its source in Section 36, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 17, R13E, T19S. (B) The approximately 2.29 miles of the unnamed tributary of White Creek from its source just south of Spanish Lake in Section 29, R13E, T18S, to its confluence with White Creek. (C) The approximately 2.45 miles of the unnamed tributary of White Creek from its source in Section 33, R13E, T18S, to its confluence with White Creek. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1776ih/xml/BILLS-113hr1776ih.xml |
113-hr-1777 | I 113th CONGRESS 1st Session H. R. 1777 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Smith of New Jersey (for himself, Mr. Rush , and Ms. Bass ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Small Business , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes.
1. Short title This Act may be cited as the Increasing American Jobs Through Greater Exports to Africa Act of 2013 . 2. Findings; purpose (a) Findings Congress makes the following findings: (1) Export growth helps United States businesses grow and create American jobs. In 2011, United States exports supported 9,700,000 jobs and 97.8 percent of United States exports came from small- and medium-sized businesses in 2010. (2) The more than 20 Federal agencies that are involved in export promotion and financing are not sufficiently coordinated to adequately expand United States commercial exports to Africa. (3) The President has taken steps to improve how the United States Government supports American businesses by mandating an executive review across agencies and a new Doing Business in Africa initiative, but a substantially greater high-level focus on Africa is needed. (4) Many other countries have trade promotion programs that aggressively compete against United States exports in Africa and around the world. For example, in 2010, medium- and long-term official export credit general volumes from the Group of 7 countries (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States) totaled $65,400,000,000. Germany provided the largest level of support at $22,500,000,000, followed by France at $17,400,000,000 and the United States at $13,000,000,000. Official export credit support by emerging market economies such as Brazil, China, and India are significant as well. (5) Between 2008 and 2010, China alone provided more than $110,000,000,000 in loans to the developing world, and, in 2009, China surpassed the United States as the leading trade partner of African countries. In the last 10 years, African trade with China has increased from $11,000,000,000 to $166,000,000,000. (6) The Export-Import Bank of the United States substantially increased lending to United States businesses focused on Africa from $400,000,000 in 2009 to $1,400,000,000 in 2011, but the Export-Import Bank of China dwarfed this effort with an estimated $12,000,000,000 worth of financing. Overall, China is outpacing the United States in selling goods to Africa at a rate of 3 to 1. (7) Other countries such as India, Turkey, Russia, and Brazil are also aggressively seeking markets in Africa using their national export banks to provide concessional assistance. (8) The Chinese practice of concessional financing runs contrary to the principles of the Organization of Economic Co-operation and Development related to open market rates, undermines naturally competitive rates, and can allow governments in Africa to overlook the troubling record on labor practices, human rights, and environmental impact. (9) As stated in a recent report entitled Embracing Africa’s Economic Potential by Senator Chris Coons, Economic growth in Africa has risen dramatically, but the continent’s vast economic potential has not yet been fully realized by the U.S. Government or the American private sector. . (10) The African continent is undergoing a period of rapid growth and middle class development, as seen from major indicators such as Internet use, clean water access, and real income growth. In the last decade alone, the percentage of the population with access to the Internet has doubled. Seventy-eight percent of Africa’s rural population now has access to clean water. Over the past 10 years, real income per person in Africa has grown by more than 30 percent. (11) Economists have designated Africa as the next frontier market , with profitability of many African firms and growth rates of African countries exceeding global averages in recent years. Countries in Africa have a collective spending power of almost $9,000,000,000 and a gross domestic product of $1,600,000,000,000, which are projected to double in the next 10 years. (12) In the past 10 years, Africa has been home to 6 of the 10 fastest growing economies in the world. Sub-Saharan Africa is projected to have the fastest growing economies in the world over the next 10 years, with 7 of the 10 fastest growing economies located in sub-Saharan Africa. (13) When countries such as China assist with large-scale government projects, they also gain an upper hand in relations with African leaders and access to valuable commodities such as oil and copper, typically without regard to environmental, human rights, labor, or governance standards. (14) Unless the United States can offer competitive financing for its firms in Africa, it will be deprived of opportunities to participate in African efforts to close the continent’s significant infrastructure gap that amounts to an estimated $100,000,000,000. (b) Purpose The purpose of this Act is to create jobs in the United States by expanding programs that will result in increasing United States exports to Africa by 200 percent in real dollar value within 10 years. 3. Definitions In this Act: (1) Africa The term Africa refers to the entire continent of Africa and its 54 countries, including the Republic of South Sudan. (2) African Diaspora The term African diaspora means the people of African origin living in the United States, irrespective of their citizenship and nationality, who are willing to contribute to the development of Africa. (3) AGOA The term AGOA means the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.). (4) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Finance of the Senate; and (B) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Ways and Means of the House of Representatives. (5) Development agencies The term development agencies includes the Department of State, the United States Agency for International Development (USAID), the Millennium Challenge Corporation (MCC), the Overseas Private Investment Corporation (OPIC), the United States Trade and Development Agency (USTDA), the United States Department of Agriculture (USDA), and relevant multilateral development banks. (6) Trade Policy Staff Committee The term Trade Policy Staff Committee means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, and is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade-related investment issues. (7) Multilateral development banks The term multilateral development banks has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(4) ) and includes the African Development Foundation. (8) Sub-Saharan region The term sub-Saharan region refers to the 49 countries listed in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706) and includes the Republic of South Sudan. (9) Trade Promotion Coordinating Committee The term Trade Promotion Coordinating Committee means the Trade Promotion Coordinating Committee established by Executive Order 12870 (58 Fed. Reg. 51753). (10) United States and Foreign Commercial Service The term United States and Foreign Commercial Service means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 ). 4. Strategy (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa. (b) Focus of strategy The strategy required by subsection (a) shall focus on— (1) increasing exports of United States goods and services to Africa by 200 percent in real dollar value within 10 years from the date of the enactment of this Act; (2) promoting the alignment of United States commercial interests with development priorities in Africa; (3) developing relationships between the governments of countries in Africa and United States businesses that have an expertise in such issues as infrastructure development, technology, telecommunications, energy, and agriculture; (4) improving the competitiveness of United States businesses in Africa, including the role the African diaspora can play in enhancing such competitiveness; (5) exploring ways that African diaspora remittances can help communities in Africa tackle economic, development, and infrastructure financing needs; (6) promoting economic integration in Africa through working with the subregional economic communities, supporting efforts for deeper integration through the development of customs unions within western and central Africa and within eastern and southern Africa, eliminating time-consuming border formalities into and within these areas, and supporting regionally based infrastructure projects; (7) encouraging a greater understanding among United States business and financial communities of the opportunities Africa holds for United States exports; (8) fostering partnership opportunities between United States and African small- and medium-sized enterprises; and (9) monitoring— (A) market loan rates and the availability of capital for United States business investment in Africa; (B) loan rates offered by the governments of other countries for investment in Africa; and (C) the policies of other countries with respect to export financing for investment in Africa that are predatory or distort markets. (c) Consultations In developing the strategy required by subsection (a), the President shall consult with— (1) Congress; (2) each agency that is a member of the Trade Promotion Coordinating Committee; (3) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks; (4) each agency that participates in the Trade Policy Staff Committee; (5) the President's National Export Council; (6) each of the development agencies; (7) any other Federal agencies with responsibility for export promotion or financing and development; and (8) the private sector, including businesses, nongovernmental organizations, and African diaspora groups. (d) Submission to Congress (1) Strategy Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). (2) Progress report Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). (3) Content of report The report required by paragraph (2) shall include an assessment of the extent to which the strategy required by subsection (a)— (A) has been successful in developing critical analyses of policies to increase exports to Africa; (B) has been successful in increasing the competitiveness of United States businesses in Africa; (C) has been successful in creating jobs in the United States, including the nature and sustainability of such jobs; (D) has provided sufficient United States Government support to meet third country competition in the region; (E) has been successful in helping the African diaspora in the United States participate in economic growth in Africa; (F) has been successful in promoting economic integration in Africa; and (G) has made a meaningful contribution to the transformation of Africa and its full integration into the 21st century world economy, not only as a supplier of primary products but also as full participant in international supply and distribution chains and as a consumer of international goods and services. 5. Special Africa Strategy Coordinator The President shall designate an individual to serve as Special Africa Export Strategy Coordinator— (1) to oversee the development and implementation of the strategy required by section 4; and (2) to coordinate with the Trade Promotion Coordinating Committee, (the interagency AGOA committees), and development agencies with respect to developing and implementing the strategy. 6. Trade mission to Africa It is the sense of Congress that, not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct a joint trade mission to Africa. 7. Personnel (a) United States and foreign commercial service (1) In general The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. (2) Assignment The Secretary shall, in consultation with the Trade Promotion Coordinating Committee and the Special Africa Export Strategy Coordinator, assign the United States and Foreign Commercial Service officers described in paragraph (1) to United States embassies in Africa after conducting a timely resource allocation analysis that represents a forward-looking assessment of future United States trade opportunities in Africa. (3) Multilateral development banks (A) In general As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to the office of the United States Executive Director at the World Bank and the African Development Bank. (B) Responsibilities Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for— (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. (b) Export-Import Bank of the United States Of the amounts collected by the Export-Import Bank that remain after paying the expenses the Bank is authorized to pay from such amounts for administrative expenses, the Bank shall use sufficient funds to do the following: (1) Increase the number of staff dedicated to expanding business development for Africa, including increasing the number of business development trips the Bank conducts to Africa and the amount of time staff spends in Africa to meet the goals set forth in section 9 and paragraph (4) of section 6(a) of the Export-Import Bank of 1945, as added by section 9(a)(2). (2) Maintain an appropriate number of employees of the Bank assigned to United States field offices of the Bank to be distributed as geographically appropriate through the United States. Such offices shall coordinate with the related export efforts undertaken by the Small Business Administration regional field offices. (3) Upgrade the Bank's equipment and software to more expeditiously, effectively, and efficiently process and track applications for financing received by the Bank. (c) Overseas Private Investment Corporation (1) Staffing Of the net offsetting collections collected by the Overseas Private Investment Corporation used for administrative expenses, the Corporation shall use sufficient funds to increase by not more than 5 the staff needed to promote stable and sustainable economic growth and development in Africa, to strengthen and expand the private sector in Africa, and to facilitate the general economic development of Africa, with a particular focus on helping United States businesses expand into African markets. (2) Report The Corporation shall report to the appropriate congressional committees on whether recent technology upgrades have resulted in more effective and efficient processing and tracking of applications for financing received by the Corporation. (3) Certain costs not considered administrative expenses For purposes of this subsection, systems infrastructure costs associated with activities authorized by title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 231 et seq.) shall not be considered administrative expenses. (d) Rule of construction Nothing in this section shall be construed as permitting the reduction of Department of Commerce, Department of State, Export Import Bank, or Overseas Private Investment Corporation personnel or the alteration of planned personnel increases in other regions, except where a personnel decrease was previously anticipated or where decreased export opportunities justify personnel reductions. 8. Training The President shall develop a plan— (1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the Overseas Private Investment Corporation, the Small Business Administration, and the United States Trade and Development Agency; and (2) to ensure that, not later than 1 year after the date of the enactment of this Act— (A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and (B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country shall receive that training. 9. Export-Import Bank Financing (a) Financing for projects in Africa (1) Sense of Congress It is the sense of Congress that foreign export credit agencies are providing non-OECD arrangement compliant financing in Africa, which is trade distorting and threatens United States jobs. (2) In general Section 6(a) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a) ) is amended by adding at the end the following: (4) Percent of financing to be used for projects in africa The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year’s financing for each of the first five fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2013 . . (3) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank shall report to the Committee on Banking, Housing, and Urban Affairs , the Committee on Foreign Relations , and the Committee on Appropriations of the Senate and the Committee on Financial Services , the Committee on Foreign Affairs , and the Committee on Appropriations of the House of Representatives if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (4) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2). The report shall include the reasons why the Bank failed to reach this goal and a description of all final applications for projects in Africa that were deemed unworthy of Bank support. (b) Availability of portion of capitalization To compete against foreign concessional loans (1) In general The Bank shall make available annually such amounts as are necessary for loans that counter trade distorting non-OECD arrangement compliant financing or preferential, tied aid, or other related non-market loans offered by other nations for which United States companies are also competing or interested in competing. (2) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank shall submit to the Committee on Banking, Housing, and Urban Affairs , the Committee on Foreign Relations , and the Committee on Appropriations of the Senate and the Committee on Financial Services , the Committee on Foreign Affairs , and the Committee on Appropriations of the House of Representatives a report on all loans made or rejected that were considered to counter non-OECD arrangement compliant financing offered by other nations to its firms. The report shall not disclose any information that is confidential or business proprietary, or that would violate section 1905 of title 18, United States Code (commonly referred to as the Trade Secrets Act ). The report shall include a description of trade distorting non-OECD arrangement compliant financing loans made by other countries during that fiscal year to firms that competed against the United States firms. 10. Small Business Administration Section 22(b) of the Small Business Act ( 15 U.S.C. 649(b) ) is amended— (1) in the matter preceding paragraph (1), by inserting the Trade Promotion Coordinating Committee, after Director of the United States Trade and Development Agency, ; and (2) in paragraph (3), by inserting regional offices of the Export-Import Bank, after Retired Executives, . 11. Bilateral, subregional and regional, and multilateral agreements Where applicable, the President shall explore opportunities to negotiate bilateral, subregional, and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries, such as negotiating investor friendly double-taxation treaties and investment promotion agreements. United States negotiators in multilateral forum should take into account the objectives of this Act. To the extent any such agreements exist between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. | https://www.govinfo.gov/content/pkg/BILLS-113hr1777ih/xml/BILLS-113hr1777ih.xml |
113-hr-1778 | I 113th CONGRESS 1st Session H. R. 1778 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Smith of New Jersey (for himself and Ms. Velázquez ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 mandate training of members of the Foreign Service to protect the rights of United States citizens in the custody of foreign governments, to deny entry into the United States of officials of any foreign government, including their immediate family members, who commit or who fail to rectify fundamental due process and human rights violations of United States citizens in the custody of a foreign government, and for other purposes.
1. Short title This Act may be cited as the Justice for Imprisoned Americans Overseas Act of 2013 or the Jacob’s Law of 2013 . 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) The President is required under section 2001 of the Revised Statutes of the United States (22 U.S.C. 1732) to demand the release of any citizen who has been unjustly deprived of his liberty by or under the authority of any foreign government, and to undertake appropriate means to obtain the release of such citizen. (2) In a statement submitted to the Committee on the Judiciary of the Senate on July 27, 2011, former Secretary of State Hillary Clinton stated that [t]he State Department has no greater responsibility than the protection of U.S. citizens overseas—particularly when Americans find themselves in the custody of a foreign government, facing an unfamiliar, and at times unfair, legal system. . (3) Some United States citizens in the custody of a foreign government have been and continue to be denied fundamental due process and human rights under both local and international law by foreign government officials. (4) Mr. Jacob Ostreicher, who was detained in the notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia, from June 4, 2011, until December 18, 2012, and was subsequently placed under house arrest, is one of the United States citizens who currently is enduring multiple, egregious, and continuous violations of his fundamental due process and human rights under both local and international law. (b) Sense of Congress It is the sense of Congress that foreign government officials responsible for violations of fundamental due process and human rights of United States citizens in the custody of a foreign government, as well as immediate family members of such officials, should not have the privilege of traveling to the United States while such violations are occurring. 3. Department of State protection of United States citizens abroad (a) Training for Foreign Service officers Subsection (a) of section 703 of the Foreign Service Act of 1980 ( 22 U.S.C. 4023 ) is amended— (1) in the first sentence, by striking The Secretary and inserting (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The professional development program referred to in paragraph (1) shall include the following: (A) The protocol that members of the Service are to follow to protect the human rights and due process rights of United States citizens who are in the custody of a foreign government and who have notified the Department of State that one or more of such rights is being violated. (B) Information relating to the international human rights that may be relevant in the case of a United States citizen described in paragraph (1), including the right of an individual charged with a criminal offense to be presumed innocent until proven guilty according to law as stated in the International Covenant on Civil and Political Rights. (C) The means by which a member of the Service assigned to a new post in a foreign country will be informed of the legal rights of a United States citizen who is in the custody of the government of such country pursuant to the laws of such country. . (b) Report to Congress Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the implementation of the new requirements of the professional development program required under paragraph (2) of subsection (a) of section 703 of the Foreign Service Act of 1980, as added by subsection (a)(2) of this section. 4. Denial of entry into the United States of certain foreign government officials (a) Denial of entry Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any foreign government official identified pursuant to subsection (d)(1)(C) or any immediate family members of such official. (b) Permanent ban Notwithstanding any other provision of law, if any United States citizen identified pursuant to subsection (d)(1)(A) dies from any cause while in the custody of a foreign government, the government officials identified pursuant to subsection (d)(1)(C) in relation to such citizen and the immediate family members of such officials may not be issued any visa by the Secretary of State, and may not be admitted by the Secretary of Homeland Security, to the United States at any time on or after the date of the death of such citizen. (c) Current visas revoked Notwithstanding any other provision of law, the Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) or (b) of this section. (d) Designation of inadmissible foreign officials (1) Report to Congress Not later than 30 days after the date of the enactment of this Act and every 180 days thereafter for five years, the Secretary of State shall submit to the appropriate congressional committees a report that contains the following: (A) An identification of United States citizens who are in the custody of a foreign government and whose fundamental due process or human rights pursuant to the laws of such government or international standards binding on such government are being violated. (B) An identification of the fundamental due process or human rights violations that are being committed against the citizens identified in subparagraph (A). (C) A list of the government officials who, based on credible information, are responsible for the violations of, or are failing to fulfill their official responsibility to protect, the rights identified in subparagraph (B) of any citizen identified in subparagraph (A). (2) Additional reporting requirement In the case of each semi-annual report required under paragraph (1), the Secretary of State shall include a list of the names and titles of those government officials identified in subparagraph (C) of such paragraph, and the names and relationships of the immediate family members of such officials who were denied a visa or entry to the United States pursuant to subsection (a) or (b), or whose visa was revoked pursuant to subsection (c), during the immediately preceding 180-day period. (3) Form Each report required under paragraph (1) shall be submitted in unclassified form. (4) Exception for classified annex The name of a person to be included in each report required under paragraph (1) may be submitted in a classified annex only if the President— (A) determines that it is in the best interest of a United States citizen identified pursuant to subparagraph (A) of such paragraph, or that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in such a classified annex despite any publicly available credible information indicating that the government official concerned is responsible for the violations of, or is failing to fulfill an official responsibility to protect, the rights of a United States citizen identified in subparagraph (A) of paragraph (1). (5) Public availability The unclassified portion of the report required under paragraph (1) shall be made available to the public and published in the Federal Register. (e) Removal from report designation A government official may be removed from the lists required under subsection (d)(1)(C) if the President determines and reports to the appropriate congressional committees not less than 15 days before the removal from any such list of such governmental official that— (1) credible information exists that such government official is not responsible for the violations of, or is fulfilling any official responsibility to protect, the rights identified in subsection (d)(1)(B) of any United States citizen identified in subsection (d)(1)(A) who is in the custody of a foreign government; or (2) such citizen has been released. (f) Requests by Chairpersons and Ranking Members of appropriate congressional committees (1) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being included on the list required under subsection (d)(1)(C), the President shall transmit a response to the chairperson and ranking member of the committee which made the request with respect to the status of such person. (2) Form The President may submit a response required under paragraph (1) in classified form if the President determines that it is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is necessary for the national security interests of the United States to do so. (3) Removal If the President removes from the list required under subsection (d)(1)(C) a person who has been included on such list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to such removal decision. The President may transmit such information in classified form if the President determines that such is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is in the national security interests of the United States. (g) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required under subsection (d)(1)(C) without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 5. Prohibition on certain foreign assistance Notwithstanding any other provision of law, no assistance may be provided to an agency, instrumentality, or other entity of a foreign government that, based on credible information, is responsible for the violation of, or is failing to fulfill a responsibility to protect, the rights identified in section 4(d)(1)(B) of a United States citizen identified in section 4(d)(1)(A). 6. Embassy website postings It is the sense of Congress that the website of the lead United States diplomatic or consular mission located in a country where a United States citizen identified in section 4(d)(1)(A) is in the custody of a foreign government should— (1) prominently indicate that the fundamental due process or human rights of such citizen in the custody of the government of such country are being violated, and (2) provide sufficient details about the case of such citizen to alert other United States citizens of the potential dangers of visiting such country. 7. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (2) Immediate family members The term immediate family members means a spouse, daughter or son regardless of age, parent, brother, sister, and fiancé or fiancée. (3) International standards The term international standards means standards specified in international agreements to which the country concerned is a party, taking into account any applicable reservations. (4) In the custody of a foreign government The term in the custody of a foreign government means to be incarcerated, under house arrest, or otherwise deprived of one’s liberty, including through the refusal of permission to leave the country concerned, by the government of such country. | https://www.govinfo.gov/content/pkg/BILLS-113hr1778ih/xml/BILLS-113hr1778ih.xml |
113-hr-1779 | I 113th CONGRESS 1st Session H. R. 1779 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Fincher (for himself, Mr. Thompson of Mississippi , and Mr. Gary G. Miller of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to modify the definitions of a mortgage originator and a high-cost mortgage.
1. Short title This Act may be cited as the Preserving Access to Manufactured Housing Act of 2013 . 2. Mortgage originator definition (a) Amendment to definition Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in paragraph (2)(C)(ii) of the matter proposed to be added to section 103 of the Truth in Lending Act, by striking an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs) and inserting a retailer of manufactured or modular homes or its employees unless such retailer or its employees receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction . (b) Technical amendments (1) Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in the matter proposed to be added to section 103 of the Truth in Lending Act, by redesignating subsection (cc) as subsection (dd). (2) Section 1431(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended— (A) by striking subsection (cc) and inserting subsection (dd) ; and (B) in the matter proposed to be added to section 103 of the Truth in Lending Act by redesignating subsection (dd) as subsection (ee). (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to which they relate. 3. High-Cost mortgage definition Section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ) is amended— (1) by redesignating subsection (aa) (relating to disclosure of greater amount or percentage), as so designated by section 1100A of Public Law 111–203 , as subsection (bb); (2) by redesignating subsection (bb) (relating to high cost mortgages), as so designated by section 1100A of Public Law 111–203 , as subsection (aa), and moving such subsection to immediately follow subsection (z); and (3) in subsection (aa)(1)(A), as so redesignated— (A) in clause (i)(I)— (i) by striking (8.5 percentage points, if the dwelling is personal property and the transaction is for less than $50,000) ; and (ii) by striking or at the end; (B) in clause (i)(II), by adding or at the end; (C) in clause (i), by adding at the end the following: (III) by a first mortgage on a consumer’s principal dwelling that is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed), the annual percentage rate at consummation of the transaction will exceed the average prime offer rate, as defined in section 129C(b)(2)(B), for a comparable transaction, by more than— (aa) 8.5 percentage points, in the case of a transaction in an amount of $50,000 or more, but less than $75,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); (bb) 10.5 percentage points, in the case of a transaction in an amount of more than $30,000, but less than $50,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); or (cc) 12.5 percentage points, in the case of a transaction in an amount of $30,000 or less (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index), or a higher percentage established by the Bureau not to exceed 14.5 percentage points in such cases, if the Bureau determines that the lower rate would restrict access to credit and that raising the rate would not have a detrimental impact on consumer protection. ; and (D) in clause (ii)— (i) in subclause (I), by striking or at the end; and (ii) by adding at the end the following: (III) in the case of a transaction for less than $75,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index) in which the dwelling is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed) the greater of 5 percent of the total transaction amount or $3,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index); or . | https://www.govinfo.gov/content/pkg/BILLS-113hr1779ih/xml/BILLS-113hr1779ih.xml |
113-hr-1780 | I 113th CONGRESS 1st Session H. R. 1780 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Camp (for himself, Mr. Sam Johnson of Texas , Mr. Brady of Texas , Mr. Nunes , Mr. Boustany , Mr. Schock , and Mr. Roskam ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Energy and Commerce and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that the only health plans that the Federal Government may make available to the President, Vice President, Members of Congress, and Federal employees are those created under the Patient Protection and Affordable Care Act or offered through a health insurance exchange.
1. Health plans created under PPACA or offered through Exchanges to be only health plans Federal Government may make available to President, Vice President, Members of Congress, and Federal employees Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended— (1) in the subparagraph heading, by striking Members of Congress and inserting President, Vice President, Members of Congress, and Federal employees ; (2) in clause (i), in the matter preceding subclause (I)— (A) by striking Members of Congress and congressional staff and inserting the President, Vice President, Members of Congress, and Federal employees ; and (B) by striking a Member of Congress or congressional staff and inserting the President, the Vice President, a Member of Congress, or a Federal employee ; and (3) in clause (ii), by amending subclause (II) to read as follows: (II) Federal employee The term Federal employee means— (aa) an employee , as such term is defined in section 2105 of title 5, United States Code; and (bb) includes an individual to whom subsection (c) or (f) of such section 2105 pertains (whether or not such individual satisfies item (aa)). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1780ih/xml/BILLS-113hr1780ih.xml |
113-hr-1781 | I 113th CONGRESS 1st Session H. R. 1781 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. McCaul (for himself, Mr. Cohen , Mr. Pierluisi , Mr. Whitfield , Mr. Connolly , Mr. Cuellar , and Ms. Foxx ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for special immigrant status for certain spouses and children of employees of the United States Government abroad killed in the line of duty.
1. Short title This Act may be cited as the Mustafa Akarsu Local Guard Force Support Act . 2. Special immigrant status for certain surviving spouses and children (a) In general Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) is amended in subparagraph (D)— (1) by inserting (i) before an immigrant who is an employee ; and (2) by inserting the following: (ii) an immigrant who is the surviving spouse or child of an employee of the United States Government abroad killed in the line of duty, provided that the employee had performed faithful service for a total of fifteen years, or more, and that the principal officer of a Foreign Service establishment (or, in the case of the American Institute of Taiwan, the Director thereof) in his discretion, recommends the granting of special immigrant status to the spouse and children and the Secretary of State approves such recommendation and find that it is in the national interest to grant such status; . (b) Effective date This Act and the amendments made by this Act shall take effect beginning on January 31, 2013, and shall have retroactive effect. | https://www.govinfo.gov/content/pkg/BILLS-113hr1781ih/xml/BILLS-113hr1781ih.xml |
113-hr-1782 | I 113th CONGRESS 1st Session H. R. 1782 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Rigell (for himself, Mr. Wittman , Mr. Griffith of Virginia , and Mr. Hurt ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior to conduct offshore oil and gas Lease Sale 220 as soon as practicable, and for other purposes.
1. Short title This Act may be cited as the Virginia Jobs and Energy Act . 2. Lease Sale 220 and other OCS oil and gas lease sales offshore Virginia (a) Conduct of lease sale Notwithstanding inclusion in the current 5-year oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of the Interior shall conduct lease sale 220 (as defined in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 as published in the Federal Register on January 21, 2009 (74 Fed. Reg. 3631)) under section 8 of such Act ( 43 U.S.C. 1337 ) as soon as practicable, but not later than 1 year after the date of enactment of this Act. (b) Inclusion in future leasing programs The Secretary of the Interior shall include at least one lease sale in the Virginia lease sale planning area in each 5-year oil and gas leasing program that applies after the current leasing program. 3. Protection of military operations (a) Prohibition No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and updating of MOA The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. 4. Disposition of revenue (a) Payment of new leasing revenues to Mid-Atlantic States Notwithstanding section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ), of the amount of new leasing revenues received by the United States each fiscal year under any lease issued under this Act, 37.5 percent shall be allocated and paid in accordance with subsection (b) to Mid-Atlantic States that are affected States with respect to the leases under which those revenues are received by the United States. (b) Allocation of payments (1) In general The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to Mid-Atlantic States in accordance with this subsection each fiscal year shall be allocated among and paid to Mid-Atlantic States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation The amount allocated to a Mid-Atlantic State under paragraph (1) each fiscal year with respect to a leased tract shall be— (A) in the case of a Mid-Atlantic State that is the nearest Mid-Atlantic State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and (B) in the case of any other Mid-Atlantic State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract. (3) Administration Amounts allocated to a Mid-Atlantic State under this subsection— (A) shall be available to the State without further appropriation; (B) shall remain available until expended; and (C) shall be in addition to any other amounts available to the State under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (4) Use of funds (A) In general Except as provided in subparagraph (B), a Mid-Atlantic State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching Funds allocated and paid to a Mid-Atlantic State under this subsection may not be used as matching funds for any other Federal program. (c) Definitions In this section: (1) Affected State The term affected State has the meaning that term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2) Mid-Atlantic State The term Mid-Atlantic State means each of the States of Delaware, North Carolina, Maryland, and Virginia. (3) New leasing revenues The term new leasing revenues means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on areas of the Outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of this Act. (4) Virginia lease sale planning area The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 33 U.S.C. 1331 et seq. )) that has— (A) a boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. 5. Offshore meteorological site testing and monitoring projects (a) Offshore meteorological project permitting (1) In general The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. )) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions (A) Deadline for Approval The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation During the period referred to in subparagraph (A), the Secretary shall— (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (b) NEPA exclusion Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to an offshore meteorological site testing and monitoring project. (c) Protection of Information The information provided to the Secretary of the Interior pursuant to subsection (d)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. (d) Definition of an offshore meteorological site testing and monitoring project In this section, the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that— (1) causes— (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. | https://www.govinfo.gov/content/pkg/BILLS-113hr1782ih/xml/BILLS-113hr1782ih.xml |
113-hr-1783 | I 113th CONGRESS 1st Session H. R. 1783 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Latham (for himself and Mr. McIntyre ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 direct the Secretary of Agriculture to issue loan guarantees for purposes of financing improvements to school lunch facilities, training school food service personnel, and for other purposes.
1. Short title This Act may be cited as the School Food Modernization Act . 2. Definitions In this Act: (1) Durable equipment The term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment. (2) Eligible entity The term eligible entity means— (A) a local educational agency operating a school lunch program; (B) a tribal organization; or (C) a consortium that includes a local educational agency described in subparagraph (A), a tribal organization, or both. (3) Infrastructure The term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) School lunch program The term school lunch program means the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (6) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (7) Secretary The term Secretary means the Secretary of Agriculture. 3. Loan guarantee for assistance to schools for infrastructure improvements and durable equipment necessary to provide healthy meals through school food programs (a) Authority To guarantee loans The Secretary of Agriculture shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist such entity in providing healthy meals through the school food programs. (b) Competitive basis Subject to subsection (c), the Secretary shall select eligible entities to receive a loan guarantee under this section on a competitive basis. (c) Preferences In issuing a loan guarantee under this section, the Secretary shall give a preference to an eligible entity that, compared with other eligible entities seeking a loan guarantee under this section, the Secretary determines demonstrates substantial or disproportionate need for— (1) infrastructure improvement; or (2) durable equipment need or impairment. (d) Oversight The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this section. (e) Guarantee amount A loan guarantee issued under this section may not guarantee more than 90 percent of the principal amount of the loan. (f) Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. 4. Equipment grant program Section 7 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i), the following: (j) Equipment grants (1) In general Beginning fiscal year 2015 and subject to the availability of appropriations, the Secretary shall make grants, on a competitive basis, to eligible entities to assist such entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety. (2) Priority In awarding grants under this subsection, the Secretary shall give priority to eligible entities serving a high percentage of students eligible for free or reduced price under the Richard B. Russell National School Lunch Act. (3) Definitions For purposes of this subsection: (A) Durable equipment The term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment. (B) Eligible entity The term eligible entity means— (i) a local educational agency operating a school lunch program; (ii) a tribal organization; or (iii) a consortium that includes a local educational agency described in clause (i), a tribal organization, or both. (C) Infrastructure The term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. . 5. Training and technical assistance for school food service personnel (a) In general The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school foodservice personnel to meet updated nutrition standards under section 4(b)(3) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1753(b)(3) ) for the school food programs. (b) Criteria for eligible third-Party institutions The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school foodservice personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school foodservice personnel at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites. (c) Program assistance The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools wherever possible. (d) Federal Share (1) In general The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 90 percent of the total cost of such training and technical assistance. (2) Matching As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (e) Oversight The Secretary shall establish procedures to enable the Secretary to— (1) oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) ensure that such training and assistance is operated consistent with the goals and requirements of this Act. 6. Report to Congress Not later than one year after funds are made available to carry out this Act, and annually thereafter, the Secretary shall submit to Congress a report on the Secretary’s progress in implementing the provisions of this Act. 7. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2014 and each succeeding fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-113hr1783ih/xml/BILLS-113hr1783ih.xml |
113-hr-1784 | I 113th CONGRESS 1st Session H. R. 1784 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Peters of Michigan (for himself, Mr. Stivers , Mr. Conyers , Ms. Chu , Mr. Ellison , Mr. Grijalva , Mr. Hastings of Florida , Mr. Honda , Mr. Huizenga of Michigan , Mr. Johnson of Georgia , Mr. Levin , Mr. McGovern , Mr. Moran , Mr. Polis , and Mr. Schiff ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reform and modernize domestic refugee resettlement programs, and for other purposes.
1. Short title This Act may be cited as the Domestic Refugee Resettlement Reform and Modernization Act of 2013 . 2. Findings The Congress makes the following findings: (1) The United States has enhanced and accelerated its efforts to resettle Iraqi refugees since 2007. (2) Resettlement in the United States remains an important option for refugees around the world that lack any other durable solution. (3) Many of these refugees are victims of torture and persecution, or were forced to flee because of support they gave to American military, Government, or media operations. (4) Refugees are often a product of human rights atrocities and war, making them likely to have suffered traumatic events which require the United States to offer them protection and meet their needs once they arrive here. (5) In fiscal year year 2012, a total of 58,238 refugees were resettled in the United States, including 12,163 from Iraq. (6) Upon arrival in the United States, there is authorized up to 36 months of cash and medical assistance available to refugees, as well as access to social services, such as job placement, from the Office of Refugee Resettlement, but in practice refugees receive only 8 months of cash and medical assistance. (7) When given adequate support through the resettlement system, refugees can successfully become self-sufficient and contribute positively to their communities. (8) Additional resources and better data could strengthen refugee services and better respond to the need of highly vulnerable refugees. (9) ORR funding formulas are retroactive in nature, using refugee admission data from up to 3 prior years, so that large increases in refugee admissions are not adequately reflected in the amount of resources provided by ORR. (10) The United States resettlement policy assumes refugees will be able to quickly become self-sufficient, while specifically offering resettlement to individuals who have specific vulnerabilities that inhibit their ability to achieve self-sufficiency and integrate into society. (11) Some refugees will have mental health difficulties associated with trauma or torture and this is one of the significant barriers to self-sufficiency and integration into a community when it is not addressed with adequate and appropriate services. (12) Secondary migration is not properly tracked, and resources are not available for States and agencies experiencing high levels of secondary migration. (13) Refugee services are provided by national resettlement agencies, community based organizations, charities, and nonprofits and coordinated locally by State refugee programs, and all the organizations should be supported in their mission to provide refugee services. 3. Effective date This Act shall take effect on the date that is 90 days after the date of enactment of this Act. 4. Assessment of the refugee domestic resettlement program (a) In general As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To be studied In the study required under subsection (a), the Comptroller General shall determine and analyze the following: (1) How the Office of Refugee Resettlement defines self-sufficiency and if this definition is adequate in addressing refugee needs in the United States. (2) The effectiveness of the Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration. (3) An evaluation of the Office of Refugee Resettlement’s budgetary resources and projection of the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration. (4) The role of community based organizations in serving refugees in areas experiencing a high number of new refugee arrivals. (5) An analysis of how community based organizations can be better utilized and supported in the Federal domestic resettlement process. (6) Recommendations on statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5). (c) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to the Congress. 5. Elevation of the office of refugee resettlement (a) In general Section 411(a) of the Immigration and Nationality Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and inserting the following: The head of the Office of Refugee Resettlement in the Department of Health and Human Services shall be an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (hereinafter in this chapter referred to as the Assistant Secretary ), to be appointed by the President, and to report directly to the Secretary. . (b) Conforming amendments (1) Section 411(b) of the Immigration and Nationality Act ( 8 U.S.C. 1521(b) ) is amended by striking Director and inserting Assistant Secretary . (2) Section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 ) is amended by striking Director each place it appears and inserting Assistant Secretary . (3) Section 413 of the Immigration and Nationality Act ( 8 U.S.C. 1523 ) is amended by striking Director each place it appears and inserting Assistant Secretary . (4) Section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) is amended by striking Director each place it appears and inserting Assistant Secretary . (c) References Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. 6. Refugee assistance (a) Amendments to the social services funding Section 412(c)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(B) ) is amended to read as follows: (B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on a combination of the total number of refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and who are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year, the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year, and projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year. . (b) Report on secondary migration Section 412(a)(3) of the Immigration and Nationality Act ( 814 U.S.C. 1522(a)(3) ) is amended by striking the word periodic to annual and by adding at the end the following: At the end of each fiscal year, the Assistant Secretary shall present a report on these findings to the Congress. The information in the report shall include, but is not limited to, States experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States hosting secondary migrants, availability of social services for secondary migrants in those States, and unmet needs of those secondary migrants. . (c) Assistance made available to secondary migrants Section 412(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a)(1) ) is amended by adding at the end the following: (C) When providing such assistance, the Assistant Secretary shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services. . (d) Notice and rulemaking Not later than 90 days after the date of enactment of this Act, but in no event later than 30 days before the effective date of the amendments made by this section, the Assistant Secretary shall issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c), and solicit public comment. (e) Effective date The amendment made by this section shall become effective on the first day of the first fiscal year that begins after the date of enactment of this Act. 7. Resettlement data The Assistant Secretary shall expand the Office of Refugee Resettlement’s data analysis, collection, and sharing activities in accordance with the following provisions: (1) Data on mental and physical medical cases The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs. The Assistant Secretary shall utilize initial refugee health screening data, including history of severe trauma, torture, mental health symptoms, depression, anxiety and PTSD, recorded during domestic and international health screenings, and Refugee Medical Assistance utilization rate data in collecting this information. (2) Data on housing needs The Assistant Secretary shall partner with State refugee programs, community based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees. This data should include the number of refugees who have become homeless and the number at severe risk of becoming homeless. (3) Data on refugee employment and self-sufficiency The Assistant Secretary shall gather longitudinal information relating to refugee self-sufficiency and integration and employment status for the period of 1–3 years post-arrival. (4) Availability of data The data collected under this section shall be updated annually and the Assistant Secretary shall submit a report to the Congress containing that updated data 8. Guidance regarding refugee placement decisions The Secretary of State shall provide guidance to national resettlement agencies and State Refugee Coordinators on consultation with local stakeholders pertaining to refugee resettlement. The Secretary of Health and Human Services, working in collaboration with the Secretary of State, shall collect from Voluntary Agencies and State Refugee Coordinators and disseminate best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement. 9. Definitions In this Act: (1) National resettlement agency The term national resettlement agency means voluntary agencies contracting with the State Department to provide sponsorship and initial resettlement services to refugees entering the United States. (2) Community based organization The term community based organization means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (3) Assistant secretary The term Assistant Secretary means the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. | https://www.govinfo.gov/content/pkg/BILLS-113hr1784ih/xml/BILLS-113hr1784ih.xml |
113-hr-1785 | I 113th CONGRESS 1st Session H. R. 1785 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Reichert (for himself and Mr. Smith of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington, and for other purposes.
1. Short title This Act may be cited as the Mountains to Sound Greenway National Heritage Area Act . 2. Purposes The purposes of this Act include— (1) to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the study entitled Mountains to Sound Greenway National Heritage Area Feasibility Study dated April 2012; (2) to recognize the heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (3) to preserve, support, conserve, and interpret the legacy of natural resource conservation and community stewardship, passed from generation to generation within the Heritage Area; (4) to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public; (5) to recognize and interpret important events and geographic locations representing key developments in the creation of America, particularly the settlement of the American West and the stories of diverse ethnic groups, including Indians and others; (6) to enhance a cooperative management framework to assist Federal, State, local, and tribal governments, the private sector, and citizens residing in the Heritage Area in conserving, supporting, managing, enhancing, and interpreting the significant historic, cultural, natural, and recreational sites in the Heritage Area; (7) to recognize and interpret the relationship between land and people, representing broad American ideals demonstrated through the integrity of existing resources within the Heritage Area; and (8) to support working relationships between public land managers and the community by creating relevant linkages between the National Park Service, the United States Forest Service, other relevant Federal agencies, tribes, State and local governments and agencies, and community stakeholders within and surrounding the Heritage Area, in order to protect, enhance, and interpret cultural and natural resources within the Heritage Area. 3. Findings Congress finds that— (1) there exists a unique and significant heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (2) the Greenway landscape represents a balance between built and natural environments, exemplified by— (A) hundreds of thousands of acres of forests and fields in close proximity to a major metropolitan area managed by Federal, State, local, and tribal governments; (B) dynamic and engaging cultural opportunities, including hundreds of museums, environmental education centers, interpretive trails, festivals, and community centers; and (C) an outstanding array of accessible natural lands, highlighted by the Alpine Lakes Wilderness Area, the forests of the Teanaway River Basin, and the towering Douglas firs of the Issaquah Alps; (3) the Mountains to Sound Greenway— (A) represents an historic movement encouraging the interface of a major urban center with rural communities and a diverse outdoors experience; (B) has existed for over 20 years, long before other communities began to focus on the interrelationship between urban centers and outdoor opportunities that strengthen economies; (C) is the result of citizen leadership, including a Mountains to Sound March in 1990 to focus attention on the value of the greenway and the need to protect this valuable resource; (D) operates through cooperation, bringing together disparate groups to resolve differences for the betterment of the Greenway; and (E) has become the model of cooperative action that is followed by other communities working to advance local conservation priorities, expand recreational opportunities that power local economies, and connect local ideas and solutions to our historic, cultural, and natural heritage; (4) since its creation, the Mountains to Sound Greenway Coalition has been responsible for— (A) the conservation of over 225,000 acres; (B) the opportunity for millions of local residents as well as visitors from across the country to enjoy a wide variety of recreational activities in the area; (C) thousands of volunteers and nearly 500,000 volunteer hours engaged in activities such as tree plantings, trail conservation and youth programs; (D) a strong education program for the next generation, teaching more than 3,000 children each year why forests matter; and (E) the encouragement of balanced development, business growth, and healthy economies through the region; (5) the Mountains to Sound Greenway community has many great American stories to share, including those of— (A) Indian tribes and nations from time immemorial; (B) settlement, travel, and transport in the American West, from footpaths used for trading to today’s Mountains to Sound Greenway I–90 National Scenic Byway; (C) working farms and forests of the Snoqualmie and Yakima River Valleys and the Cascade Foothills; and (D) globally competitive businesses established and growing in the cities of the Greenway; and (6) the Mountains to Sound Greenway Trust conserves and enhances community-based conservation and stewardship inside and outside of the Greenway landscape, illustrated by the fact that— (A) the Greenway Trust is led by a 60-person board that includes local and State officials, agency staff, and business and nonprofit representatives; (B) thousands of volunteers have donated hundreds of thousands of hours to the Greenway supporting stewardship projects on public lands; and (C) over the span of 20 years, partners have collaborated to conserve more than 225,000 acres of land in the Greenway for natural systems, recreation, timber, and agriculture. 4. Definitions In this Act: (1) Heritage area The term Heritage Area means the Mountains to Sound Greenway National Heritage Area established in this Act. (2) Local coordinating entity The term local coordinating entity means the Mountains to Sound Greenway Trust, a nonprofit corporation recognized by the Federal Government as being organized for charitable purposes in the State of Washington. (3) Management plan The term management plan means the plan to be prepared by the local coordinating entity, along with a group comprised of public agency staff and community members, that will specify actions, policies, strategies, performance goals, and recommendations to meet the goals of the Heritage Area, in accordance with this Act. (4) Map The term map means the map titled Mountains to Sound Greenway National Heritage Area , numbered 1, and dated January 31, 2011. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Washington. (7) Tribal The term tribal means the five federally recognized tribes with usual and accustomed places in the Heritage Area, including the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Nation. 5. Designation of the mountains to sound greenway national heritage area (a) Establishment There is hereby established the Mountains to Sound Greenway National Heritage Area. (b) Boundaries The Heritage Area shall consist of the approximately 1,550,000 acres of land and interests in land generally depicted on the map and located in King and Kittitas Counties, including— (1) in Kittitas County, all lands within the Yakima River Basin upstream of Manastash Creek, including the Manastash and Teanaway drainages and the cities of Ellensburg, Roslyn, Cle Elum and South Cle Elum; and (2) in King County, all lands in the Snoqualmie River, Cedar River, and Lake Washington watersheds and the Puget Sound nearshore watersheds within and including the cities of Seattle and Shoreline, and 22 additional cities in King County. (c) Map The map shall be on file and available to the public in the appropriate offices of the National Park Service, United States Forest Service, and the local coordinating entity. (d) Local coordinating entity The Mountains to Sound Greenway Trust is hereby designated by Congress as the local coordinating entity to— (1) facilitate, in partnership with Federal, State, and local partners, the creation of the management plan for the Heritage Area; and (2) act as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area. 6. Management plan (a) In general Not later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan shall— (1) incorporate an integrated and cooperative approach for the protection, enhancement, management, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration, Federal, State, tribal and local government plans; (3) include— (A) an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area which relate to the national importance and themes of the Heritage Area that should be conserved and enhanced; (B) a description of strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a history of the Mountains to Sound Greenway; and of the Mountains to Sound Greenway Trust and its role in encouraging stewardship of the Heritage Area by local, State, Federal, tribal institutions and private organizations; (D) a description of actions Federal, State, tribal, local, and private partners have agreed to take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (E) a program of implementation for the management plan by the local coordinating entity including— (i) performance goals; and (ii) commitments for implementation made by partners; (F) the identification of sources of funding, economic development strategies, or both, for carrying out the management plan; (G) analysis and recommendations for means by which local, State, and Federal programs may best be coordinated to carry out this Act; (H) an interpretive plan for the Heritage Area; (I) recommended policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and otherwise provide for the enjoyment and understanding of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (J) a definition of the roles of the National Park Service, the United States Forest Service and other Federal agencies in the coordination of the Heritage Area and in otherwise furthering the purposes of this Act; and (K) in consultation with the National Park Service and the United States Forest Service, a plan to share with other communities and interested parties the expertise of the coordinating entity in— (i) reconnecting Americans, especially children, to our outdoors; (ii) promoting community-based recreation and conservation; and (iii) advancing volunteer opportunities in conservation and outdoor recreation. (c) Approval of management plan (1) Review Not later than 180 days after receiving the management plan for the Heritage Area, the Secretary shall review and, in consultation with the Secretary of Agriculture, approve or disapprove the management plan on the basis of the criteria established under paragraph (2). (2) Criteria for approval In determining whether to approve a management plan for a Heritage Area, the Secretary shall consider whether— (A) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community members, and private property owners; (B) the local coordinating entity— (i) has afforded adequate opportunity for the public and Federal, State, tribal, and local governmental involvement in the preparation of the management plan; and (ii) provides for at least annual public meetings to ensure adequate implementation of the management plan. (C) the resource protection, enhancement, interpretation, funding, and management strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and otherwise provide for the enjoyment and understanding of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (D) the management plan would not adversely affect any activities on Federal land authorized under public land laws or land use plans; (E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; (F) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; (G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (H) the management plan is consistent with all provisions in this Act. (d) Disapproval (1) In general If the Secretary disapproves the management plan, the Secretary shall— (A) advise the local coordinating entity in writing of the reasons for the disapproval; and (B) make recommendations to the local coordinating entity for revisions to the management plan. (2) Deadline Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (e) Amendments (1) In general An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (2) Implementation The local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment. (f) Authorities The Secretaries of the Interior and Agriculture may— (1) provide technical assistance under the authority of this Act for the implementation of the management plan; and (2) enter into cooperative agreements with the local coordinating entity, State and local agencies, and other interested parties to carry out this Act, including cooperation and cost sharing as appropriate to provide more cost-effective and coordinated public land management. 7. Evaluation; reporting (a) In general Not later than 15 years after the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall— (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare and submit a report pursuant to subsection (c). (b) Evaluation An evaluation conducted under this subsection shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report Based on the evaluation conducted under subsection (b), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service with respect to the Heritage Area. The Secretary may also include recommendations by the Secretary of Agriculture for the future role of the Forest Service with respect to the Heritage Area. 8. Local coordinating entity (a) Duties To further the purposes of the Heritage Area, the local coordinating entity shall— (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2) facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area; (3) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area; (4) submit a report to the Secretary every five years after the Secretary has approved the management plan, specifying— (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; and (C) significant grants or contracts made by the local coordinating entity to any other entities during the five-year period; and (5) consult with the United States Forest Service, National Park Service, the Governor of the State of Washington, and the Washington State Commissioner of Public Lands. (b) Authorities To further the purposes of the Heritage Area, the local coordinating entity may— (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in— (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage and interpretive planning; (4) obtain funds or services from any source, including Federal programs; (5) contract for goods or services; and (6) support activities that further the purposes of the Heritage Area and are consistent with the approved management plan. (c) Prohibition on acquisition of real property The local coordinating entity may not acquire land or interests in land through condemnation. 9. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination Any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the local coordinating entity to the maximum extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 10. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads or associated developments) of any Federal, State, tribal, local unit of government or local agency, or conveys any land unit of government or agency use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water or water-related infrastructure; (4) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the Heritage Area; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law, of any private property owner. 11. Use of Federal funds from other sources Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized. | https://www.govinfo.gov/content/pkg/BILLS-113hr1785ih/xml/BILLS-113hr1785ih.xml |
113-hr-1786 | I 113th CONGRESS 1st Session H. R. 1786 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Neugebauer introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the National Windstorm Impact Reduction Program, and for other purposes.
1. Short title This Act may be cited as the National Windstorm Impact Reduction Act Reauthorization of 2013 . 2. Definitions Section 203(1) of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15702(1) ) is amended by striking Director of the Office of Science and Technology Policy and inserting Director of the National Institute of Standards and Technology . 3. National Windstorm Impact Reduction Program Section 204 of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15703 ) is amended— (1) by striking subsections (a), (b), and (c) and inserting the following: (a) Establishment There is established the National Windstorm Impact Reduction Program, the purpose of which is to achieve major measurable reductions in the losses of life and property from windstorms through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging the implementation of cost-effective mitigation measures to reduce those impacts. (b) Responsibilities of program agencies (1) Lead agency The National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director shall— (A) ensure that the Program includes the necessary components to promote the implementation of windstorm risk reduction measures by Federal, State, and local governments, national standards and model building code organizations, architects and engineers, and others with a role in planning and constructing buildings and lifelines; (B) support the development of performance-based engineering tools, and work with appropriate groups to promote the commercial application of such tools, including through wind-related model building codes, voluntary standards, and construction best practices; (C) request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this Act; (D) coordinate all Federal post-windstorm investigations; and (E) when warranted by research or investigative findings, issue recommendations to assist in informing the development of model codes, and provide information to Congress on the use of such recommendations. (2) National Institute of Standards and Technology In addition to the lead agency responsibilities described under paragraph (1), the National Institute of Standards and Technology shall be responsible for carrying out research and development to improve model building codes, voluntary standards, and best practices for the design, construction, and retrofit of buildings, structures, and lifelines. (3) National Science Foundation The National Science Foundation shall support research in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (4) National Oceanic and Atmospheric Administration The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (5) Federal Emergency Management Agency The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency’s all-hazards approach. ; (2) by redesignating subsection (d) as subsection (c); (3) by inserting after subsection (c), as so redesignated, the following new subsection: (d) Interagency Coordinating Committee on Windstorm Impact Reduction (1) Establishment There is established an Interagency Coordinating Committee on Windstorm Impact Reduction, chaired by the Director. (2) Membership In addition to the chair, the Committee shall be composed of— (A) the heads of— (i) the Federal Emergency Management Agency; (ii) the National Oceanic and Atmospheric Administration; (iii) the National Science Foundation; (iv) the Office of Science and Technology Policy; and (v) the Office of Management and Budget; and (B) the head of any other Federal agency the chair considers appropriate. (3) Meetings The Committee shall meet not less than 2 times a year at the call of the Director of the National Institute of Standards and Technology. (4) General purpose and duties The Committee shall oversee the planning and coordination of the Program. (5) Strategic plan The Committee shall develop and submit to Congress, not later than one year after the date of enactment of the National Windstorm Impact Reduction Act Reauthorization of 2013 , a Strategic Plan for the Program that includes— (A) prioritized goals for the Program that will mitigate against the loss of life and property from future windstorms; (B) short-term, mid-term, and long-term research objectives to achieve those goals; (C) a description of the role of each Program agency in achieving the prioritized goals; (D) the methods by which progress towards the goals will be assessed; and (E) an explanation of how the Program will foster the transfer of research results into outcomes, such as improved model building codes. (6) Progress report Not later than 18 months after the date of enactment of the National Windstorm Impact Reduction Act Reauthorization of 2013 , the Committee shall submit to the Congress a report on the progress of the Program that includes— (A) a description of the activities funded under the Program, a description of how these activities align with the prioritized goals and research objectives established in the Strategic Plan, and the budgets, per agency, for these activities; (B) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan; (C) a description of any recommendations made to change existing building codes that were the result of Program activities; and (D) a description of the extent to which the Program has incorporated recommendations from the Advisory Committee on Windstorm Impact Reduction. (7) Coordinated budget The Committee shall develop a coordinated budget for the Program, which shall be submitted to the Congress at the time of the President’s budget submission for each fiscal year. ; and (4) by striking subsections (e) and (f). 4. National Advisory Committee on Windstorm Impact Reduction Section 205 of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15704 ) is amended to read as follows: 205. National Advisory Committee on Windstorm Impact Reduction (a) In general The Director of the National Institute of Standards and Technology shall establish an Advisory Committee on Windstorm Impact Reduction, which shall be composed of at least 7 members, none of whom may be employees of the Federal Government, including representatives of research and academic institutions, industry standards development organizations, emergency management agencies, State and local government, and business communities who are qualified to provide advice on windstorm impact reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program. (b) Assessments The Advisory Committee on Windstorm Impact Reduction shall offer assessments on— (1) trends and developments in the natural and engineering sciences and practices of windstorm impact mitigation; (2) the priorities of the Program’s Strategic Plan; (3) the coordination of the Program; and (4) any revisions to the Program which may be necessary. (c) Compensation The members of the Advisory Committee established under this section shall serve without compensation. (d) Reports At least every 2 years, the Advisory Committee shall report to the Director on the assessments carried out under subsection (b) and its recommendations for ways to improve the Program. (e) Charter Notwithstanding section 14(b)(2) of the Federal Advisory Committee Act (5 U.S.C. App), the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 9(c) of such Act, before the termination date specified in subsection (f) of this section. (f) Termination The Advisory Committee shall terminate on September 30, 2016. . 5. Authorization of appropriations Section 207 of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15706 ) is amended to read as follows: 207. Authorization of appropriations (a) Federal Emergency Management Agency There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this title— (1) $2,000,000 for fiscal year 2014; (2) $2,000,000 for fiscal year 2015; and (3) $2,000,000 for fiscal year 2016. (b) National Science Foundation There are authorized to be appropriated to the National Science Foundation for carrying out this title— (1) $11,400,000 for fiscal year 2014; (2) $11,400,000 for fiscal year 2015; and (3) $11,400,000 for fiscal year 2016. (c) National Institute of Standards and Technology There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this title— (1) $5,500,000 for fiscal year 2014; (2) $5,500,000 for fiscal year 2015; and (3) $5,500,000 for fiscal year 2016. (d) National Oceanic and Atmospheric Administration There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this title— (1) $2,500,000 for fiscal year 2014; (2) $2,500,000 for fiscal year 2015; and (3) $2,500,000 for fiscal year 2016. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1786ih/xml/BILLS-113hr1786ih.xml |
113-hr-1787 | I 113th CONGRESS 1st Session H. R. 1787 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Reed (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide for an extension of the Medicare-dependent hospital (MDH) program and the increased payments under the Medicare low-volume hospital program.
1. Short title This Act may be cited as the Rural Hospital Access Act of 2013 . 2. Extension of the Medicare-dependent hospital (MDH) program (a) Extension of payment methodology Section 1886(d)(5)(G) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(G) ) is amended— (1) in clause (i), by striking October 1, 2013 and inserting October 1, 2014 ; and (2) in clause (ii)(II), by striking October 1, 2013 and inserting October 1, 2014 . (b) Conforming amendments (1) Extension of target amount Section 1886(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(D) ) is amended— (A) in the matter preceding clause (i), by striking October 1, 2013 and inserting October 1, 2014 ; and (B) in clause (iv), by striking through fiscal year 2013 and inserting through fiscal year 2014 . (2) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. ww note) is amended by striking through fiscal year 2013 and inserting through fiscal year 2014 . 3. Extension of the increased payments under the Medicare Low-Volume Hospital Program Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) ) is amended— (1) in subparagraph (B), in the matter preceding clause (i), by striking 2014 and inserting 2015 ; (2) in subparagraph (C)(i), by striking and 2013 each place it appears and inserting , 2013, and 2014 ; and (3) in subparagraph (D), by striking and 2013 and inserting , 2013, and 2014 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1787ih/xml/BILLS-113hr1787ih.xml |
113-hr-1788 | I 113th CONGRESS 1st Session H. R. 1788 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mrs. Bachmann (for herself, Mr. Peterson , Mr. Kline , Mr. Jones , Mr. Bachus , Mr. Latta , Mr. Huizenga of Michigan , Mr. Cole , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Migratory Bird Treaty Act to delegate to States the authorities of the Secretary of the Interior under that Act with respect to cormorants, and for other purposes.
1. Short title This Act may be cited as the Cormorant Management and Natural Resources Protection Act . 2. Findings The Congress finds the following: (1) The current permitting system is not sufficient to achieve a streamlined control of excessive cormorant populations. (2) Excessive cormorant populations cause damage to ecosystems. (3) Excessive cormorant populations pose public health and safety concerns. (4) Excessive cormorant populations pose an unsightly, loud, and olfactory nuisance. (5) Excessive cormorant populations can have a detrimental effect on fish populations. (6) Excessive cormorant populations displace native species from their habitats. (7) Cormorant excrement in colonies often kills vegetation. 3. Delegation to States of authority under Migratory Bird Treaty Act with respect to cormorants (a) Delegation of authority Section 7 of the Migratory Bird Treaty Act ( 16 U.S.C. 708 ) is amended— (1) by inserting (a) Preservation of State authority.— before the first sentence; and (2) by adding at the end the following: (b) Delegation to States of authority with respect to cormorants (1) In general The authority of the Secretary under this Act with respect to cormorants in a State is hereby delegated to the governor of the State effective on the date on which the Secretary approves a management plan for cormorants in the State that is submitted by the governor. (2) Approval or disapproval of management plan (A) In general The Secretary shall approve or disapprove a management plan submitted under this subsection by not later than the end of the 60-day period beginning on the date the plan is submitted. (B) Requirement to approve The Secretary shall approve a management plan submitted under this subsection if the plan is in accordance with United States obligations under treaties and Federal law. (C) Disapproval of plan If the Secretary disapproves a management plan under this subsection the Secretary shall provide to the governor who submitted the plan the reasons for the disapproval and an opportunity to revise and resubmit the plan. (D) Plan deemed approved Except as provided in subparagraph (E), if the Secretary does not approve or disapprove a management plan before the end of the period referred to in paragraph (1) the Secretary is deemed to have approved the plan. (E) Limitation on approval A management plan shall not be approved under this paragraph if the plan is found to be in violation of United States obligations under treaties and Federal law. (F) Review of approved plans The Secretary— (i) shall review every 5 years each management plan approved for a State under this subsection and the State governor’s exercise of authority delegated under this subsection; and (ii) may revoke such approval and delegation if, based on such review, the Secretary determines that the plan or the governor’s exercise of authority delegated under this subsection is not in accordance with this Act or any treaty implemented by this Act. (3) Relationship between approved plan and regulations A management plan that is approved for a State under this subsection shall apply in that State with respect to management of cormorants, in lieu of regulations issued under this Act. (4) Compliance with treaties and Federal law In exercising authority delegated under this subsection the governor of a State shall comply with this Act and all treaties implemented by this Act. (5) Relationship to other authority Nothing in this subsection limits the authority of the Secretary or any Federal agency to exercise authority under any Federal law to assist a State, upon request by the governor of the State, with control of cormorants. (6) Cormorant defined In this subsection the term cormorant means the double-crested cormorant (Phalacrocorax auritus). . (b) Cooperation To prevent cormorant proliferation (1) Department of Interior cooperation The Secretary of the Interior, acting in consultation with the National Aquaculture Information Center and the Animal and Plant Health Inspection Service, shall conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in aquaculture facilities, which contributes to the proliferation of cormorants. (2) Other efforts Nothing in this subsection restricts the authority of other Federal or State wildlife or natural resource management agencies to cooperate with the owners and operators of aquaculture facilities regarding the management and control of cormorants to prevent their proliferation. (3) Cormorant defined In this subsection, the term cormorant means the double-crested cormorant (Phalacrocorax auritus). | https://www.govinfo.gov/content/pkg/BILLS-113hr1788ih/xml/BILLS-113hr1788ih.xml |
113-hr-1789 | I 113th CONGRESS 1st Session H. R. 1789 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Barr introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to require advance public notice of any modification to be made in the terms or conditions of any policy or plan of insurance offered under such Act.
1. Short title This Act may be cited as the Creating Crop Insurance Certainty for Farmers Act . 2. Advance public notice of crop insurance policy and plan changes Section 505(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1505(e) ) is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); respectively; and (2) by inserting after paragraph (4) the following new paragraph (5): (5) Advance notice of modification before implementation (A) In general Any modification to be made in the terms or conditions of any policy or plan of insurance offered under this subtitle shall not take effect for a crop year unless the Secretary publishes the modification in the Federal Register and on the website of the Corporation and provides for a subsequent period of public comment— (i) with respect to fall-planted crops, not later than 60 days before June 30 during the preceding crop year; and (ii) with respect to spring-planted crops, not later than 60 days before November 30 during the preceding crop year. (B) Waiver The Secretary may waive the application of subparagraph (A) in an emergency situation declared by the Secretary upon notice to Congress of the nature of the emergency and the need for immediate implementation of the policy or plan modification referred to in such subparagraph. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1789ih/xml/BILLS-113hr1789ih.xml |
113-hr-1790 | I 113th CONGRESS 1st Session H. R. 1790 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Ms. Bass (for herself, Mr. Rangel , Ms. Wilson of Florida , Mr. Enyart , Mr. Grijalva , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to extend to physician assistants eligibility for Medicaid incentive payments for the adoption and use of certified electronic health records, whether or not such physician assistants practice at a rural health center or Federally qualified health center.
1. Short title This Act may be cited as the Health IT Modernization for Underserved Communities Act of 2013 . 2. Extending physician assistant eligibility for Medicaid electronic health record incentive payments (a) In general Section 1903(t)(3)(B)(v) of the Social Security Act ( 42 U.S.C. 1396b(t)(3)(B)(v) ) is amended by striking insofar as the assistant is practicing in a rural health clinic that is led by a physician assistant or is practicing in a Federally qualified health center that is so led . (b) Effective date The amendment made by subsection (a) shall apply with respect to payments made for calendar quarters beginning on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1790ih/xml/BILLS-113hr1790ih.xml |
113-hr-1791 | I 113th CONGRESS 1st Session H. R. 1791 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Bilirakis (for himself, Mrs. Brooks of Indiana , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to codify authority under existing grant guidance authorizing use of Urban Area Security Initiative and State Homeland Security Grant Program funding for enhancing medical preparedness, medical surge capacity, and mass prophylaxis capabilities.
1. Short title This Act may be cited as the Medical Preparedness Allowable Use Act . 2. Use of certain homeland security grant funds for enhancing medical preparedness, medical surge capacity, and mass prophylaxis capabilities Section 2008 of the Homeland Security Act of 2002 ( 6 U.S.C. 609 ) is amended— (1) in subsection (a), by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively, and by inserting after paragraph (9) the following: (10) enhancing medical preparedness, medical surge capacity, and mass prophylaxis capabilities, including the development and maintenance of an initial pharmaceutical stockpile, including medical kits, and diagnostics sufficient to protect first responders, their families, and immediate victims from a chemical or biological event; ; and (2) in subsection (b)(3)(B), by striking (a)(10) and inserting (a)(11) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1791ih/xml/BILLS-113hr1791ih.xml |
113-hr-1792 | I 113th CONGRESS 1st Session H. R. 1792 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Coffman (for himself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to report cases of reportable infectious diseases at medical facilities of the Department of Veterans Affairs in accordance with State law.
1. Short title This Act may be cited as the Infectious Disease Reporting Act . 2. Report of infectious disease at medical facilities of Department of Veterans Affairs (a) In general Section 7311 of title 38, United States Code, is amended by adding at the end the following new subsection: (f) (1) The Secretary shall report to the appropriate entity each case of a reportable infectious disease that occurs at a medical facility of the Department of Veterans Affairs in accordance with the laws of the State in which the facility is located. (2) In addition to reporting each case of a reportable infectious disease at a medical facility of the Department pursuant to paragraph (1), the Secretary shall report each such case to the accrediting organization of such facility. (3) (A) If the Secretary fails to report a case of a reportable infectious disease at a medical facility of the Department in accordance with State law pursuant to paragraph (1), the Secretary shall pay to the State an amount equal to the amount that a medical facility not owned by the Federal Government that is located in the same State would pay as a penalty to such State for such failure. (B) The State may file a civil action against the Secretary in the United States district court for the district in which the medical facility is located to recover from the United States the amount described in subparagraph (A). (4) In this subsection, the term reportable infectious disease means, with respect to a medical facility of the Department, a disease that the State in which the facility is located requires to be reported. . (b) Effective date The reporting requirement under section 7311(f) of title 38, United States Code, as added by subsection (a), shall apply with respect to a case of reportable infectious disease occurring at a medical facility of the Department of Veterans Affairs on or after the date that is 60 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1792ih/xml/BILLS-113hr1792ih.xml |
113-hr-1793 | I 113th CONGRESS 1st Session H. R. 1793 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Connolly (for himself, Ms. Bass , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Oversight and Government Reform , Rules , and 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 establish a framework for effective, transparent, and accountable United States foreign assistance, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Global Partnerships Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. Sec. 4. Principles of assistance. Sec. 5. Purposes of assistance. Sec. 6. Definitions. Title I—Reducing global poverty and alleviating human suffering Sec. 1001. Findings. Sec. 1002. Statement of policy. Sec. 1003. Encouragement of United States private and voluntary cooperation. Sec. 1004. Encouragement of United States business participation. Sec. 1005. Development partnerships fellows program. Subtitle A—Reducing global poverty Sec. 1011. Findings. Sec. 1012. Statement of policy. Sec. 1013. Principles of assistance. Sec. 1014. Goals of assistance. Sec. 1015. Development Support Funds. Sec. 1016. Innovation Fund. Sec. 1017. United States Strategy for Global Development. Sec. 1018. Country Development Cooperation Strategies. Sec. 1019. Sector strategies for development. Sec. 1020. Interagency Policy Committee on Global Development. Sec. 1021. Global Development Council. Sec. 1022. Development education. Sec. 1023. Definitions. Chapter 1—Accelerating Economic Growth Sec. 1101. Findings and statement of policy. Sec. 1102. Goal and objectives. Sec. 1103. Global Strategy for Economic Growth. Sec. 1104. Assistance for economic growth. Sec. 1105. Fiscal and contract transparency. Subchapter A—Microenterprise development assistance Sec. 1111. Findings and statement of policy. Sec. 1112. Microenterprise Fund. Sec. 1113. Office of Microenterprise Development. Sec. 1114. Definitions. Subchapter B—Small and medium enterprise development Sec. 1121. Findings and statement of policy. Sec. 1122. Assistance for small and medium enterprises. Sec. 1123. Definition. Subchapter C—Other programs Sec. 1131. Development credit authority. Sec. 1132. Technical assistance for financial management. Chapter 2—Promoting food security Sec. 1201. Findings and statement of policy. Sec. 1202. Goal and objectives. Sec. 1203. Global Strategy for Food Security. Sec. 1204. Assistance for promoting food security. Sec. 1205. Collaborative agricultural and nutrition research and innovation. Sec. 1206. Board for International Food and Agricultural Development. Sec. 1207. Assistance to international and regional organizations. Sec. 1208. Definitions. Chapter 3—Advancing health Sec. 1301. Findings and statement of policy. Sec. 1302. Goal and objectives. Sec. 1303. Global health strategy. Sec. 1304. Assistance for health. Sec. 1305. Health principles and restrictions. Subchapter A—Child survival and maternal health Sec. 1311. Child survival. Sec. 1312. Maternal and newborn health. Sec. 1313. Assistance for orphans and other vulnerable children. Subchapter B—Combating disease Sec. 1321. Assistance to combat HIV/AIDS, tuberculosis, and malaria. Sec. 1322. Assistance to combat neglected tropical diseases. Sec. 1323. Assistance for disease prevention, control, and treatment. Subchapter C—Family planning and reproductive health Sec. 1331. Assistance for family planning and reproductive health. Sec. 1332. Reproductive health care in emergencies. Chapter 4—Expanding quality education Sec. 1401. Findings and statement of policy. Sec. 1402. Goal and objectives. Sec. 1403. Global education strategy. Sec. 1404. Basic education assistance. Sec. 1405. Higher education partnerships. Chapter 5—Protecting and restoring the natural environment Sec. 1501. Findings and statement of policy. Sec. 1502. Goal and objectives. Sec. 1503. Global conservation strategy. Sec. 1504. Assistance for environmental sustainability. Sec. 1505. Assistance for sustainable energy and natural resource management. Sec. 1506. Environmental restrictions. Sec. 1507. Environmental impact statements and assessments. Sec. 1508. Definitions. Chapter 6—Improving access to safe water, sanitation, and housing Sec. 1601. Findings and statement of policy. Sec. 1602. Goal and objectives. Sec. 1603. Global strategy for water, sanitation and housing. Sec. 1604. Assistance for water, sanitation and housing. Sec. 1605. Definitions. Chapter 7—Fostering gender equality Sec. 1701. Findings and statement of policy. Sec. 1702. Goal and objectives. Sec. 1703. Global strategy for gender equality. Sec. 1704. Assistance for gender equality. Sec. 1705. Office of Gender Equality and Women’s Empowerment. Sec. 1706. Prevention of child marriage. Sec. 1707. Coordination of efforts to prevent child marriage. Sec. 1708. Definitions. Chapter 8—Strengthening democratic governance Sec. 1801. Findings and statement of policy. Sec. 1802. Goal and objectives. Sec. 1803. Assistance for democratic strengthening. Sec. 1804. Advisory Committee on Democracy Promotion. Sec. 1805. Foreign government approval and conditionality. Sec. 1806. Relationship to other laws. Sec. 1807. Prohibiting assistance to influence the outcome of elections. Sec. 1808. Protected speech. Subtitle B—Alleviating human suffering Sec. 1901. Findings and statement of policy. Sec. 1902. Goal and objectives. Sec. 1903. Humanitarian principles. Sec. 1904. International disaster assistance. Sec. 1905. Emergency Humanitarian Response Fund. Sec. 1906. Definitions. Title II—Advancing Peace and Mitigating Conflict Sec. 2001. Findings and statement of policy. Sec. 2002. Definition. Subtitle A—General Authorities Sec. 2011. Peacekeeping. Sec. 2012. Transition initiatives. Sec. 2013. Limit on payment to United Nations and affiliated agencies. Sec. 2014. Complex Crisis, Stabilization, and Prevention Fund. Sec. 2015. Addressing violence against women and girls in humanitarian relief, peacekeeping, conflict, and post-conflict settings. Sec. 2016. Demining activities. Sec. 2017. Disarmament, demobilization, reintegration, and rehabilitation activities. Subtitle B—Strategies, Assessments, and Reports Sec. 2021. Regional conflict risk assessment and conflict mitigation strategy. Sec. 2022. Data on costs incurred in support of United Nations peacekeeping operations. Sec. 2023. Peace on Cyprus and in the Eastern Mediterranean. Subtitle C—Organizations and Personnel Sec. 2031. Atrocities Prevention Board. Sec. 2032. Under Secretary for Civilian Security, Democracy, and Human Rights. Sec. 2033. Conflict and stabilization operations. Sec. 2034. Danger pay. Sec. 2035. Stability policing coordinator. Sec. 2036. Training in conflict management and mitigation. Title III—Supporting human rights and democracy Subtitle A—General provisions Sec. 3101. Findings and statement of policy. Sec. 3102. Country reports on human rights practices. Sec. 3103. Action plans for human rights and democracy. Sec. 3104. Human Rights and Democracy Fund. Sec. 3105. Role of Bureau of Democracy, Human Rights, and Labor. Sec. 3106. Discrimination related to sexual orientation. Sec. 3107. Personnel awards and incentives. Subtitle B—International violence against women and girls Sec. 3201. Statement of policy. Sec. 3202. Duties of the Secretary of State. Sec. 3203. Comprehensive international strategy to prevent and respond to violence against women and girls. Sec. 3204. Assistance to prevent and respond to violence against women and girls internationally. Sec. 3205. Definitions. Subtitle C—Rule of law Sec. 3301. Findings. Sec. 3302. Global Rule of Law Policy Committee. Sec. 3303. Assistance for rule of law. Sec. 3304. Definition. Subtitle D—Child protection Sec. 3401. Findings. Sec. 3402. Child Protection Compacts. Sec. 3403. Authorization of assistance. Sec. 3404. Suspension and termination of assistance. Sec. 3405. Congressional notification. Sec. 3406. Definitions. Title IV—Building and reinforcing strategic partnerships Sec. 4001. Findings. Sec. 4002. Statement of policy. Sec. 4003. Goals of assistance. Subtitle A—Economic Support Fund Sec. 4101. Findings and statement of policy. Sec. 4102. Goal and objectives. Sec. 4103. Economic Support Fund. Sec. 4104. Cash transfer assistance. Subtitle B—Security partnerships Chapter 1—General authorities Sec. 4211. Authorization of assistance. Sec. 4212. Conditions of assistance. Sec. 4213. Prohibition for misuse of United States assistance. Chapter 2—Drawdown authority Sec. 4221. Authorization of emergency assistance. Sec. 4222. Authorization of non-emergency assistance. Sec. 4223. Commercial transportation and related services. Sec. 4224. Report. Chapter 3—Loans of defense articles Sec. 4231. Loan requirements. Sec. 4232. Cost of loans. Chapter 4—Stockpiling of defense articles Sec. 4241. General authority. Sec. 4242. Value of defense articles. Chapter 5—Foreign military financing Sec. 4251. General authority. Sec. 4252. Rule of construction. Sec. 4253. Audits. Sec. 4254. Cash flow financing. Chapter 6—International military education and training Sec. 4261. Purpose. Sec. 4262. Military education and training for foreign military and defense personnel. Sec. 4263. Military education and training for foreign civilian personnel. Sec. 4264. Locations of instruction. Sec. 4265. Reimbursement. Sec. 4266. Exchange of training and related support. Chapter 7—Transfer of excess defense articles Sec. 4271. Transfer of excess defense articles. Sec. 4272. Terms of transfers. Sec. 4273. Advance notification to Congress for transfer of certain excess defense articles. Sec. 4274. Aggregate annual limitation. Sec. 4275. Restrictions and conditions on transfers of naval vessels. Chapter 8—Cooperative project agreements Sec. 4281. Authority to enter into cooperative project agreements. Sec. 4282. Costs. Sec. 4283. Charges. Sec. 4284. Certification. Sec. 4285. Authority in addition to other authorities. Subtitle C—Arms sales and related assistance Sec. 4301. Control of arms exports and imports. Chapter 1—Foreign military sales and cooperation Sec. 4311. General authority. Sec. 4312. Procurement for foreign military cash sales. Sec. 4313. Payments. Sec. 4314. Charges. Sec. 4315. Non-combat duties of United States personnel supporting foreign military sales. Sec. 4316. Public information. Sec. 4317. Standardization agreements. Sec. 4318. Quality assurance and related services. Sec. 4319. Restriction on sale of defense articles and defense services that would adversely affect United States combat readiness. Sec. 4320. Acquisition of foreign-United States origin defense articles. Sec. 4321. Return of defense articles. Sec. 4322. Sale of obsolete naval vessels. Sec. 4323. Annual estimate and justification for sales program. Sec. 4324. Sales to United States companies for incorporation into end items. Sec. 4325. Fiscal provisions relating to foreign military sales credits. Chapter 2—Arms export controls Sec. 4331. Licensing requirement for exporting or importing defense articles and defense services. Sec. 4332. Impact of military expenditures on development. Sec. 4333. Requirement for registration by exporters. Sec. 4334. Identification of all consignees and freight forwarders. Sec. 4335. Brokering activities. Sec. 4336. Foreign persons. Sec. 4337. Review of United States Munitions List. Sec. 4338. Licensing of missiles and missile equipment or technology. Sec. 4339. Special licensing authorization for certain exports to strategic United States allies. Chapter 3—Leases of defense articles Sec. 4351. Leasing authority. Sec. 4352. Certification for leasing. Sec. 4353. Application of other provisions of law. Sec. 4354. Loan of materials, supplies, and equipment for research and development purposes. Sec. 4355. Special leasing authority. Chapter 4—Retransfers of United States defense articles Sec. 4361. Authority to approve retransfers. Sec. 4362. Demilitarization for retransfer of significant defense articles. Sec. 4363. Proceeds of sale of retransferred defense articles. Sec. 4364. Certification. Chapter 5—Enforcement and monitoring of arms sales Sec. 4371. General authority. Sec. 4372. Criminal and civil penalties. Sec. 4373. Identification of persons of concern. Sec. 4374. Standards to identify high-risk exports. Sec. 4375. Requirement of exporters to report shipment. Sec. 4376. End-use monitoring of defense articles and defense services. Sec. 4377. Fees of military sales agents and other payments. Sec. 4378. Prohibition on incentive payments. Chapter 6—Congressional review of arms sales Sec. 4381. Reports on commercial and governmental military exports; congressional action. Sec. 4382. Congressional certification of sensitive foreign military sales and agreements. Sec. 4383. Upgrade or enhancement. Sec. 4384. Congressional review period and disapproval. Sec. 4385. National security waiver of congressional review of arms sales. Sec. 4386. Publication of arms sales notifications. Sec. 4387. Certification requirement relating to Israel’s qualitative military edge. Chapter 7—Landmines and cluster munitions Sec. 4391. Landmines. Sec. 4392. Cluster munitions. Subtitle D—General administrative and miscellaneous provisions Sec. 4401. General provisions. Sec. 4402. Administrative expenses. Sec. 4403. Detail of appropriate personnel. Sec. 4404. Rule of construction. Sec. 4405. Performance goals for processing of applications for licenses to export items on United States Munitions List. Sec. 4406. Availability of information on the status of license applications. Sec. 4407. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State. Sec. 4408. Overseas management of assistance and sales programs. Sec. 4409. Designation of major United States allies. Sec. 4410. Depleted uranium ammunition. Sec. 4411. Definitions. Title V—Countering Transnational Threats Subtitle A—Nonproliferation authorities Chapter 1—Nuclear nonproliferation Sec. 5111. Authorization of assistance to prohibit the proliferation of nuclear, chemical, and biological weapons. Sec. 5112. Education and training to enhance nonproliferation and export control capabilities. Sec. 5113. Opposition of withdrawal from Treaty on the Non-Proliferation of Nuclear Weapons. Sec. 5114. Matters relating to International Atomic Energy Agency. Sec. 5115. Arms Control and Nonproliferation Scholarship Program. Sec. 5116. Arms Control and Nonproliferation Rotation Program. Chapter 2—Missile nonproliferation Sec. 5121. Licensing. Sec. 5122. Denial of the transfer of missile equipment or technology by United States persons. Sec. 5123. Transfers of missile equipment or technology by foreign persons. Sec. 5124. Notification of admittance of MTCR adherents. Sec. 5125. Authority relating to MTCR adherents. Sec. 5126. Definitions. Chapter 3—Chemical and biological nonproliferation Sec. 5131. Sanctions against certain foreign persons. Subtitle B—Counter-Narcotics authorities Sec. 5201. Findings. Sec. 5202. Statement of policy. Sec. 5203. Goal and objectives. Sec. 5204. General authorities. Sec. 5205. Authorization of Bureau of International Narcotics and Law Enforcement. Sec. 5206. Use of funds. Sec. 5207. Requirements relating to aircraft and other equipment. Sec. 5208. Restrictions. Sec. 5209. International counter-narcotics strategy. Sec. 5210. International narcotics control assistance report. Sec. 5211. Narcotics strategy evaluation. Subtitle C—Counter-Terrorism authorities Sec. 5301. Purposes. Sec. 5302. Assistance to countries and multilateral organizations for counter-terrorism activities. Sec. 5303. Counter-terrorism responsibilities of the Department of State. Title VI—Sustaining the global environment Sec. 6001. Findings and statement of policy. Subtitle A—Debt-for-Nature Exchanges Sec. 6101. Findings and statement of policy. Sec. 6102. Definitions. Sec. 6103. Establishment of the Facility. Sec. 6104. Eligibility for benefits. Sec. 6105. Authority to engage in debt-for-nature swaps and debt buybacks. Sec. 6106. Reduction of debt owed to the United States as a result of concessional loans or credits under this Act and certain other provisions of law. Sec. 6107. Debt-for-Nature Agreement. Sec. 6108. Eligible activities. Sec. 6109. Debt-for-Nature Fund. Sec. 6110. Responsibilities to the Congress. Sec. 6111. General savings clause. Subtitle B—Commercial Debt-for-Nature Exchanges Sec. 6201. Commercial debt-for-nature exchange defined. Sec. 6202. Authorization for commercial debt exchanges. Sec. 6203. Eligible projects. Sec. 6204. Eligible countries. Sec. 6205. Prohibition. Title VII—Expanding prosperity through trade and investment Sec. 7001. Findings. Sec. 7002. Authority for coordination. Subtitle A—Overseas Private Investment Corporation Sec. 7101. Creation and purpose. Sec. 7102. Prohibitions and restrictions. Sec. 7103. Capital of the corporation. Sec. 7104. Organization and management. Sec. 7105. Investment Insurance and Other Programs. Sec. 7106. Issuing authority; direct loan authority; discharge of liabilities. Sec. 7107. Income and revenues. Sec. 7108. General provisions relating to insurance, guaranty, and financing program. Sec. 7109. General provisions and powers. Sec. 7110. Reports to the Congress. Sec. 7111. Definitions. Subtitle B—United States Trade and Development Agency Sec. 7201. United States Trade and Development Agency. Subtitle C—Enterprise Funds Sec. 7301. Findings. Sec. 7302. Purposes. Sec. 7303. Authority to designate enterprise funds. Sec. 7304. GAO reports. Sec. 7305. Operation provisions. Sec. 7306. Best practices and procedures. Sec. 7307. Experience of other enterprise funds. Title VIII—Strategic planning, monitoring and evaluation, and reporting Subtitle A—Strategic planning Sec. 8101. Quadrennial Diplomacy, Development, and Security Review. Sec. 8102. Comprehensive workforce and human resources strategy. Subtitle B—Monitoring and evaluation Sec. 8201. Monitoring and evaluation of foreign assistance. Sec. 8202. Monitoring and evaluation of humanitarian assistance. Subtitle C—Reporting requirements Sec. 8301. Transparency and accountability in budgeting. Sec. 8302. Congressional budget justification. Sec. 8303. Report on allocation of assistance under this Act. Sec. 8304. Security assistance database. Sec. 8305. Classification of reports. Subtitle D—Congressional notification procedures Sec. 8401. Notification of program changes. Sec. 8402. Congressional notification parity. Sec. 8403. Presidential findings and determinations. Title IX—Policy Restrictions and Special Authorities Subtitle A—Policy Restrictions Sec. 9001. Definitions. Chapter 1—Human Rights Sec. 9101. Prohibition on assistance to governments that engage in violations of human rights. Sec. 9102. Prohibition on assistance to certain human rights violators. Sec. 9103. Prohibition on assistance to governments following coups d’état. Sec. 9104. Prohibition on assistance to governments that prohibit or impede delivery of humanitarian assistance. Sec. 9105. Prohibition on use of funds to support or justify torture. Sec. 9106. Prohibition on assistance to governments engaged in intimidation and harassment against individuals in the United States. Chapter 2—Non-Proliferation Sec. 9201. Prohibition on assistance to governments that transfer nuclear enrichment equipment, materials, or technology. Sec. 9202. Prohibition on assistance to governments that transfer nuclear reprocessing equipment, materials, or technology or nuclear explosive devices. Sec. 9203. Security assistance to Pakistan. Chapter 3—Narcotics Sec. 9301. Prohibition on assistance to drug traffickers. Sec. 9302. Prohibition on assistance to state sponsors of drug trafficking. Sec. 9303. Prohibition on reimbursements for drug crop eradications. Chapter 4—Terrorism Subchapter A—General provisions Sec. 9401. Prohibition on assistance to state sponsors of terrorism. Sec. 9402. Prohibition on assistance to foreign governments supporting state sponsors of terrorism. Sec. 9403. Prohibition on transactions with state sponsors of terrorism. Sec. 9404. Transactions with countries not fully cooperating with United States counterterrorism efforts. Sec. 9405. Withholding of United States proportionate share for certain programs of international organizations. Subchapter B—Middle East provisions Sec. 9411. Conditional contributions to certain international organizations. Sec. 9412. Limitation on assistance to the Palestinian Authority. Sec. 9413. Limitation on assistance for the West Bank and Gaza. Chapter 5—Trade and commerce Sec. 9501. Prohibition on assistance for exporting United States jobs. Sec. 9502. Prohibition on assistance to governments that expropriate United States property. Sec. 9503. Prohibition on assistance for compensation relating to expropriated or nationalized property. Sec. 9504. Prohibition on assistance to governments that refuse extradition requests. Sec. 9505. Prohibition on taxation of foreign assistance. Sec. 9506. Limitation on assistance to countries in default. Subtitle B—Policy Authorities Sec. 9601. Contingencies. Sec. 9602. Transfer between accounts. Sec. 9603. Special waiver authority. Title X—Organization, Management, and Human Resources Sec. 10001. Definitions. Subtitle A—Organization Chapter 1—Exercise and coordination of functions Sec. 10101. Delegations; regulations. Sec. 10102. Role of the Secretary of State. Sec. 10103. Role of the Chief of Mission. Sec. 10104. Office for Global Women’s Issues. Sec. 10105. Bureau for Energy Resources. Sec. 10106. Bureau of Oceans, Environment and Science. Chapter 2—United States Agency for International Development Sec. 10201. United States Agency for International Development. Sec. 10202. Role of the Administrator. Sec. 10203. Overseas missions. Sec. 10204. Chairman of OECD Development Assistance Committee. Sec. 10205. Transfer and consolidation of personnel and functions. Subtitle B—Management and program administration Chapter 1—Operating expenses and administrative authorities Sec. 10301. Operating expenses of the United States Agency for International Development. Sec. 10302. Authorized uses of funds. Sec. 10303. Operating expenses of the Office of the Inspector General. Sec. 10304. Administrative authorities of the Department of Defense. Sec. 10305. Working Capital Fund. Sec. 10306. Suspension and debarment. Sec. 10307. False claims and ineligible commodities. Sec. 10308. Termination expenses. Chapter 2—Assistance authorities and program expenses Sec. 10401. General assistance authorities. Sec. 10402. Authority to conduct reimbursable programs. Sec. 10403. Retention of interest. Sec. 10404. Marking and branding of economic and humanitarian assistance. Sec. 10405. Reductions in designated funds. Sec. 10406. Requirement for authorization of appropriations. Sec. 10407. Unexpended balances. Sec. 10408. Authority for extended period of availability of appropriations. Sec. 10409. Support for regional, international and nongovernmental organizations. Sec. 10410. Protection of patents and technical information. Sec. 10411. Private and voluntary organizations and cooperatives. Chapter 3—Procurement, disposition, transportation and valuation of articles Sec. 10501. Procurement standards and procedures. Sec. 10502. Local procurement. Sec. 10503. United States competitiveness. Sec. 10504. Small business. Sec. 10505. Allocation or transfer of funds and reimbursement among agencies. Sec. 10506. Retention and use of certain items and funds. Sec. 10507. Foreign and domestic excess property. Sec. 10508. Ocean freight differential. Sec. 10509. Use of aircraft for additional purposes. Sec. 10510. Streamlining and review of procurement process. Sec. 10511. Overseas procurement flexibility. Sec. 10512. Local guard contracts abroad. Sec. 10513. Authority to pay transportation costs. Chapter 4—Use of foreign currencies Sec. 10601. Separate accounts for local currencies. Sec. 10602. Use of certain foreign currencies. Sec. 10603. Accounting and valuation of foreign currencies. Subtitle C—Human resources Chapter 1—Personnel and benefits Sec. 10701. Employment of personnel. Sec. 10702. Experts and consultants. Sec. 10703. Prohibition of discrimination against Federal personnel. Sec. 10704. Foreign service limited appointments. Sec. 10705. Technical advisors. Sec. 10706. Personal services contractors for USAID. Sec. 10707. Personal services contractors for the Department of State. Sec. 10708. Hiring authority of Inspector General of the United States Agency for International Development. Sec. 10709. Public availability of consulting contracts. Sec. 10710. Senior Foreign Service requirement. Sec. 10711. Pay parity for criminal investigators. Chapter 2—Details, fellowships, and exchanges Sec. 10801. Details to foreign governments and international organizations. Sec. 10802. Details to United States Government agencies. Sec. 10803. Science and technology fellowship programs. Sec. 10804. Foreign relations exchange programs. Sec. 10805. Guidelines for rotational assignments. Chapter 3—Training and professional development Sec. 10901. Training of Federal personnel. Sec. 10902. Career development. Sec. 10903. Language skills development. Title XI—Amendments and repeals Subtitle A—Amendments Sec. 11101. Amendments relating to assistance to combat HIV/AIDS, tuberculosis, and malaria. Sec. 11102. Amendments to the Millennium Challenge Act of 2003. Sec. 11103. Amendments to the Migration and Refugee Assistance Act of 1962. Sec. 11104. Amendments to the Fulbright-Hays Act. Sec. 11105. Amendments to the State Department Basic Authorities Act of 1956. Subtitle B—Repeals Sec. 11201. Repeal of laws incorporated in this Act. Sec. 11202. Repeal of laws inconsistent with this Act. Sec. 11203. Repeal of obsolete provisions of law. Sec. 11204. Repeal of unnecessary reporting requirements. Subtitle C—Savings provisions Sec. 11301. References to former authorities. Sec. 11302. Repeal of provisions amending other laws. Sec. 11303. Savings provisions. Sec. 11304. Effective date. 2. Findings Congress finds the following: (1) In an increasingly interdependent world, the health, prosperity, freedom, and security of the people of the United States are strengthened when the people of all countries can enjoy these same advantages. (2) The development of a healthier, more peaceful, democratic, just and prosperous world requires the sustained and substantial investment of United States human and financial resources in fostering international cooperation and in building the capacity of other countries to meet the needs of their people and to conduct themselves responsibly in the international system. (3) Foreign assistance is not only a reflection of the values, generosity, and goodwill of the people of the United States, but also an essential means for achieving United States foreign policy, economic, and national security objectives. 3. Statement of policy It is the policy of the United States to help build and sustain an international community composed of states that meet basic human needs, resolve conflicts peacefully, respect fundamental freedoms, cooperate to address issues that transcend national boundaries, use wisely the world’s limited resources in a sustainable manner, and work toward the achievement of economic well-being for all people. 4. Principles of assistance In order to maximize effectiveness and efficiency, United States foreign assistance should be carried out in accordance with the following principles: (1) Foreign assistance is not an end in itself. The purpose of foreign assistance is to create the conditions under which it is no longer needed. (2) United States foreign assistance should support the development of human, financial, organizational, and technical capacity of partner countries, both within government and among civil society, that is sustainable over the long term and leads to self-reliance. (3) United States foreign assistance, regardless of type, purpose, or recipient, should respect human rights and democratic processes. (4) United States embassies and United States Agency for International Development missions in partner countries should be accorded a central role in planning, budgeting, and decisionmaking with respect to United States foreign assistance to those countries. (5) United States foreign assistance programs should be carried out in collaboration with a wide variety of partners, including multilateral organizations, governments of partner countries at all levels, intermediate representative institutions, and international, United States, and local civil society organizations. (6) Nonemergency United States foreign assistance should be provided pursuant to well-coordinated strategies with specific goals and measurable objectives, while preserving the flexibility to respond to rapidly changing situations. (7) Monitoring and evaluation of United States foreign assistance should be conducted systematically to ensure financial accountability, evaluate performance, assess impact, determine lessons learned, disseminate findings, and identify steps for improvement. (8) Because gender equality is essential to democracy, human rights and economic development, the needs, views, rights, roles, and resources of women should be taken into account in all stages of the foreign assistance process, including strategic planning, budgeting, design, implementation, monitoring, and evaluation. (9) Because natural resources and a healthy, functioning environment underpin sustainable economic growth, health, and food security, the likely impact of United States foreign assistance policies and programs upon the environment should be taken into account in all stages of the foreign assistance process. Effective action should be taken to mitigate any negative impacts and to ensure that all people enjoy the same degree of protection from environmental and health hazards. (10) The United States Government should publish timely, detailed, and comprehensive information on the budgeting, delivery, and expenditure of United States foreign assistance in order to enhance transparency and accountability for results and should encourage and facilitate similar transparency by the partner country regarding its national budget, government contracts, and aid-related expenditures. (11) United States foreign assistance should be conducted within a coherent and coordinated structure that establishes clear lines of authority, delineates responsibilities, rationalizes functions, closes gaps, promotes policy consistency, and ensures civilian leadership. (12) To ensure that United States foreign assistance achieves its intended objectives and to maximize its impact, the United States Government should design and implement such assistance in partnership with local stakeholders, including as appropriate and feasible, governments, intermediate representative institutions, civil society organizations, and affected communities. (13) The success of United States foreign assistance in meeting humanitarian, foreign policy, and national security objectives depends on the sustained commitment of adequate and reliable budgetary resources as well as on the development, training, and maintenance of a diverse and experienced corps of professionals to design, manage, implement, and monitor such foreign assistance. 5. Purposes of assistance United States foreign assistance under this Act shall be provided in accordance with the policy set forth in section 3 and the principles set forth in section 4 to achieve the following interrelated and mutually reinforcing purposes: (1) Reducing global poverty and alleviating human suffering. (2) Advancing peace and mitigating crises. (3) Supporting human rights and democracy. (4) Building and reinforcing strategic partnerships. (5) Countering transnational threats. (6) Sustaining the global environment. (7) Expanding prosperity through trade and investment. 6. Definitions Except as otherwise provided, in this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Agency or USAID The term Agency or USAID means the United States Agency for International Development. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (4) Basic human needs The term basic human needs means the requirements for sustaining life, health, and human dignity. (5) Civil society organization The term civil society organization means— (A) a registered or unregistered nonprofit organization, independent of the government and state, including a private and voluntary organization, community or faith-based organization, advocacy group, business or trade association, cooperative, credit union, labor union, or philanthropic foundation; (B) an independent media, educational, or research institution; or (C) a private enterprise, including an international development firm, bank or other financial institution, or a business of any type. (6) Country The term country means the government, civil society, and intermediate representative institutions of a state or specially administered area. (7) Development assistance The term development assistance means— (A) assistance under— (i) subtitle A of title I; (ii) the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ); (iii) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.); (iv) title V of the International Security and Development Cooperation Act of 1980 (22 U.S.C. 290h et seq.; relating to the African Development Foundation); or (v) section 401 of the Foreign Assistance Act of 1969 ( 22 U.S.C. 290f ; relating to the Inter-American Foundation); (B) official development assistance under any provision of law; and (C) reconstruction assistance under any provision of law. (8) Economic assistance The term economic assistance means foreign assistance, other than assistance under subtitle B or C of title IV. (9) Federal agency The term Federal agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (10) Foreign assistance The term foreign assistance means any tangible or intangible item provided by the United States Government to a foreign country or international organization under this or any other Act, including any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, any gift, loan, sale, credit, guarantee, or export subsidy, United States dollars, and any currencies of any foreign country which are owned by the United States Government. (11) Fundamental freedoms The term fundamental freedoms means the freedoms of association, assembly, expression, and religion. (12) Genocide The term genocide means an offense as described in section 1091 of title 18, United States Code. (13) Humanitarian assistance The term humanitarian assistance means— (A) assistance under subtitle B of title I; (B) emergency food assistance under title II of the Agricultural Trade Development and Assistance Act of 1954 ( Public Law 83–480 ); and (C) refugee and migration assistance under the Migration and Refugee Act of 1962. (14) Institution of higher education The term institution of higher education has the meaning given such term under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (15) Intermediate representative institution The term intermediate representative institution means an organization with the mandate to represent citizens in government and in political processes, such as a legislature, political party, advisory commission, or municipal council. (16) International organization The term international organization means an international organization as defined in section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ). (17) Marginalized group The term marginalized group — (A) means a group that is excluded by law, policy, or practice from participating on a full and equal basis in the political, economic, and social life of a country, including the enjoyment of all rights and freedoms; and (B) includes women, poor people, youth, refugees, displaced or stateless persons, persons belonging to racial, national, ethnic, religious or linguistic minorities, persons with disabilities, and persons discriminated against on the basis of their sexual orientation or gender identity. (18) Mass atrocities The term mass atrocities includes war crimes, genocide or acts that may constitute genocide, and other crimes against humanity. (19) Military education and training The term military education and training includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or informational publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces. (20) Notwithstanding, etc The terms notwithstanding any other provision of law and notwithstanding any provision of this or any other Act shall not apply to title 31, United States Code, the Congressional Budget and Impoundment Control Act of 1974, or the Budget Enforcement Act of 1990. (21) Partner country The term partner country means a country that is receiving or is eligible to receive foreign assistance. (22) Private and voluntary organization The term private and voluntary organization means a nonprofit, nongovernmental organization. (23) Private partner The term private partner means— (A) a non-United States Government entity that— (i) enters into a contract, as described in section 6303 of title 31, United States Code, with the United States Government; (ii) accepts a grant, as described in section 6304 of title 31, United States Code, from the United States Government; or (iii) enters into a cooperative agreement, as described in section 6305 of title 31, United States Code, with the United States Government, relating to the use by that entity of foreign assistance; and (B) any subcontractor or subgrantee thereof. (24) Secretary The term Secretary means the Secretary of State. (25) Security assistance The term security assistance means foreign assistance under title IV or title V. (26) United states The term United States , when used in the geographic sense, includes each State of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. (27) United States Armed Forces The term United States Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard. I Reducing global poverty and alleviating human suffering 1001. Findings Congress finds the following: (1) The abject and dehumanizing conditions of extreme poverty, which affect more than a billion people around the world, are inimical to the achievement of a healthy, peaceful, democratic, just and prosperous world and an affront to shared human values. (2) A principal objective of United States foreign policy is reducing global poverty and its worst physical manifestations through the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to building the economic, political, and social institutions that will improve the quality of their lives. (3) Strengthening democratic governance and the political voice of poor and marginalized groups not only directly combats poverty but also helps build responsive, accountable state institutions essential to sustain the positive impact of foreign assistance over the long-term. (4) United States efforts to reduce global poverty and alleviate human suffering reflect the compassion and generosity of the American people, while also serving United States economic and national security interests. Poor and unstable countries make unreliable trading partners and weak markets for United States goods and services. Violent extremism that threatens United States national security flourishes where democratic governance is weak, justice is uncertain, and legal avenues for change are in short supply. (5) Complementing the long-term objective of reducing global poverty, the humanitarian concern and tradition of the people of the United States demands a commitment to saving lives and alleviating human suffering resulting from natural and human-caused disasters, and to taking effective action to prevent, prepare for, and mitigate such disasters. (6) Pursuit of these interrelated objectives requires that development and humanitarian concerns be fully reflected throughout United States foreign policy, and that resources for these purposes be adequately and reliably budgeted and effectively and efficiently utilized. (7) In order to achieve United States foreign policy and national security objectives, the United States should act in concert with other countries and multilateral institutions to mobilize adequate resources from public and private sources for poverty reduction and humanitarian relief. 1002. Statement of policy It is the policy of the United States to undertake best efforts to— (1) reduce global poverty, including by establishing and meeting, in cooperation with governments of developing countries, other public and private donors, multilateral institutions, nongovernmental organizations, businesses, and affected communities, international targets for the reduction of poverty; and (2) prevent, prepare for, mitigate, and respond to humanitarian crises wherever such crises may occur. 1003. Encouragement of United States private and voluntary cooperation (a) Findings Congress finds the following: (1) The sustained participation of United States private and voluntary organizations, community and faith-based organizations, charitable foundations, labor unions, cooperatives, and credit unions in international development and humanitarian relief, rehabilitation, and reconstruction significantly reduces poverty and alleviates human suffering through— (A) application of accumulated expertise in the discipline of development; (B) provision of social services in underserved communities; (C) building the capacity of local organizations to operate with maximum effectiveness, thereby strengthening civil society and advancing self-reliance; (D) establishing long-term partnerships with and between local communities, civil society organizations and governments of developing countries at all levels, thus helping to strengthen accountability, reduce corruption, build capable institutions, and sustain progress; (E) empowering marginalized groups through access to information and a leadership role in decisionmaking processes; and (F) serving as a voice for the poor and bringing best practices and lessons learned to bear on policymaking processes in the United States and worldwide. (2) Such organizations, foundations, unions, and cooperatives, by mobilizing private United States financial and human resources, reflect the values and goodwill of the people of the United States and embody the American spirit of self-help. (3) Advocacy groups and organizations that represent American political, legal, academic and business life have developed long-standing relationships with their overseas counterparts, helping to build people-to-people networks that strengthen civil society, protect human rights, support democratic institutions and foster a policy environment conducive to economic development. (4) Similarly, the sustained participation of United States educational and research institutions in building the scientific, educational, and service capacities of developing countries is vital to the economic and social development of those countries, and at the same time strengthens the faculty and programs available to United States students. (5) Because of their ability to attract and leverage private contributions, the entities described in paragraphs (1) through (4) are extremely cost-effective partners for providing foreign assistance. (6) Because such entities, often using their own resources, develop and maintain long-term and independent relationships with their counterparts in foreign countries, they provide great expertise in program implementation, an important source of knowledge about local needs, attitudes, customs, and conditions, and a critical means for building trust and goodwill with local communities. (b) Statement of policy It is the policy of the United States to— (1) encourage and facilitate, as appropriate, international activities of United States private and voluntary organizations, community and faith-based organizations, charitable foundations, labor unions, cooperatives, credit unions, and educational and research institutions in furtherance of the goals of this title; (2) co-design, co-fund, and co-manage projects and strategies with such entities to meet jointly agreed development objectives; (3) strengthen the capacity of such entities, without compromising their private and independent nature, to undertake effective international assistance efforts; and (4) streamline and simplify the process by which such entities may compete for resources made available under this title. 1004. Encouragement of United States business participation (a) Findings Congress finds the following: (1) United States businesses, including international development firms, are significant contributors to humanitarian relief and broad-based economic growth in developing countries, through— (A) the donation of financial resources, technology, goods, and services; (B) the sharing of training, technical, managerial, and business skills; (C) the investment of capital and the development of trade relationships; (D) the establishment and maintenance of partnerships with the governments of developing countries, local communities, and civil society organizations; (E) partnering with local businesses and entrepreneurs; (F) the expansion of job opportunities in impoverished communities; and (G) the encouragement of private sector development and of the legal and institutional framework to support such development. (2) Such businesses are often staffed by individuals with a strong commitment to and knowledge of developing countries, many of whom have served overseas, and who bring American values, know-how, and spirit of innovation. (3) While some United States businesses have a long history of engagement with international development, bringing extensive experience, strong local ties and a proven track record of achievement, many others seek to establish first-time partnerships and new joint ventures. (4) By leveraging contributions of United States businesses and facilitating public-private partnerships, the United States Government can maximize the impact of its efforts to improve social and economic conditions in developing countries. (b) Statement of policy It is the policy of the United States to— (1) encourage and facilitate, to the maximum extent practicable, participation by United States businesses in achieving the purposes of this title; (2) promote awareness by United States businesses, including small businesses, of opportunities to promote economic growth and expand markets in developing countries; (3) facilitate partnerships between United States business and international and local nongovernmental organizations, including private and voluntary organizations, community and faith-based organizations, charitable foundations, labor unions, cooperatives, credit unions, and educational and research institutions, to reduce poverty and alleviate human suffering; (4) build strategic alliances with United States businesses, drawing on their unique assets and experience, to solve complex problems in developing countries; and (5) co-design, co-fund, and co-manage projects and strategies with United States business partners to meet jointly agreed development objectives. 1005. Development partnerships fellows program (a) In general The Administrator is authorized and encouraged to establish a program of exchanges to strengthen individual and institutional capacity, share knowledge and best practices, build partnering skills and develop networks through professional exchanges between the Agency and the private sector, including businesses and nonprofit institutions. (b) Strategic focus The exchanges authorized under subsection (a) should be designed to fill gaps and build capacity in areas of critical need, as determined by the Administrator and the private sector entity. (c) Competitive awards The process for selecting individuals for the exchanges authorized under subsection (a) should be open and competitive, while offering opportunities to individuals with varying levels of professional experience. (d) Status of employment Notwithstanding any other provision of law, during the period of exchange— (1) each participating individual (hereinafter referred to as a Fellow ) shall continue to receive his or her salary, benefits, and rights of employment from the Agency or private sector entity, as the case may be; and (2) in the case of a Fellow who is an employee of a private sector entity and is working at the Agency, the Fellow shall not be considered to be a Federal employee of the Agency, except for purposes of obtaining necessary access to buildings, office supplies, equipment and facilities. (e) Parity in exchange The Administrator shall ensure that the total number of Fellows who are employees of the Agency and are working at private sector entities is substantially equivalent to the total number of Fellows who are employees of private sector entities and are working at the Agency. (f) Other costs and expenses The Administrator shall prescribe policies and procedures regarding costs and expenses for Fellows other than policies and procedures regarding salaries and benefits. (g) Term of service The Administrator shall determine appropriate lengths of service for Fellows, except that such service may not exceed a period of 2 years. A Reducing global poverty 1011. Findings Congress finds the following: (1) The goal of international development is to improve the quality of life for all people while preserving that opportunity for future generations. (2) Successful economic development includes the eradication of extreme poverty and its worst physical manifestations. (3) Abuses of power, failure to respect human rights, exclusion of and discrimination against societal groups, and unchecked violence, particularly against women and girls, are impediments to economic development. (4) While each country must marshal its own economic and human resources in order to build and maintain the political, social, and economic institutions necessary to reduce poverty and improve the quality of life for its people, the magnitude of the need far exceeds the resources of most developing countries. (5) The United States has acknowledged a collective responsibility for, as well as a national interest in, the reduction of global poverty through the promotion of long-term development that is participatory, equitable, self-reliant, and environmentally sustainable. (6) A human rights-based approach that focuses on empowering women and girls has been shown to maximize development outcomes. (7) Development is a long-term process that requires sustained attention and resources. Foreign assistance to achieve short-term political objectives or meet emergency humanitarian needs should not come at the expense of efforts to address the root causes of poverty and human suffering. 1012. Statement of policy It is the policy of the United States to reduce global poverty by helping poor people in developing countries to participate in a process of self-sustaining, equitable, and environmentally sound economic growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services that will enable them to satisfy their basic needs, exercise their rights, and lead lives of decency, dignity, and hope. 1013. Principles of assistance In order to maximize the reduction of global poverty, assistance under this subtitle should be carried out in accordance with the following principles: (1) Development is primarily the responsibility of the people of developing countries themselves. Assistance should be used in support of, rather than substitution for, the self-help efforts that are essential to successful economic development. (2) Assistance should be demand-driven and designed to support partner country ownership by respecting the development goals chosen through an open and inclusive process in the partner country. (3) The United States Government should work to broaden country-level policy dialogue on development by promoting an open and inclusive process for choosing development goals, and by increasing the capacity of all stakeholders to participate meaningfully in that process. (4) Persons affected by conflict or disaster—including refugees, stateless persons, and internally displaced persons, particularly those in protracted situations—are among the world’s most vulnerable to poverty, exclusion, exploitation and other abuses. Although they have tremendous potential to contribute to the growth and development of the communities and countries where they reside, these populations often lack access to development resources and programs. Such populations, as well as other marginalized groups, must be explicitly included in country development programs and national development strategies. (5) Assistance should be concentrated in countries that have the greatest need for outside assistance and that will make the most effective use of such assistance in achieving the purposes of this subtitle. (6) Program selection and design should be linked to results, by using performance frameworks and indicators that are included in or consistent with a developing country’s national development strategy, where possible, and by strengthening the country’s capacity and demand for results-based management. (7) When partner country systems are transparent, accountable and effective, the United States Government should use such systems for delivering assistance. Where use of such systems is not feasible, the United States should establish additional safeguards and measures in ways that strengthen rather than undermine country systems. (8) Even in countries where there is a strong and capable state, civil society should be included in the planning, design, management, delivery, monitoring and evaluation of foreign assistance. (9) Assistance should focus on building the self-sufficiency of developing countries by upgrading human, technical, and institutional capacity, both inside and outside government, to effectively plan, manage, implement, monitor, and evaluate budgets, policies, and programs in a transparent and accountable manner that supports development objectives. (10) The United States Government should take all appropriate steps to harmonize its planning, funding, conditionality, disbursement, monitoring, evaluation, and reporting with governments of developing countries and with other donors, including multilateral institutions, in order to simplify and reduce the administrative burdens, achieve a more effective division of labor that builds on donors’ comparative advantages, and improve accountability for results. (11) In consultation with Congress and in conjunction with the Interagency Policy Committee on Global Development established under section 1020, the Administrator should engage in strategic and budgetary planning over a 3- to 5-year period that will enable the disbursement of assistance in a more timely and predictable manner. (12) Personnel and management systems of the Agency should incorporate incentives for innovation and experimentation, with tolerance of reasonable risk-taking and training on risk-management. (13) Poverty reduction efforts should promote a policy environment and legal framework that is conducive to broad-based and sustainable economic growth, including— (A) respect for the rule of law; (B) fair, accessible, and timely administration of justice; (C) representative and accountable institutions of governance; (D) protection of human rights and fundamental freedoms; (E) mechanisms of accountability and transparency; (F) security of person, property and investments; (G) enforcement of contracts and intellectual property rights; (H) encouragement of private enterprise, free markets and labor rights; and (I) a vibrant and informed civil society. (14) An effective United States strategy to promote global poverty reduction and contribute to broad-based, sustainable economic growth must incorporate all United States policies having an impact on development, which include foreign assistance, debt relief, trade, agriculture, migration and remittances, environmental protection, technology transfer, and arms sales. (15) Assistance should be provided in a manner that is flexible enough to adapt to the unique needs and capabilities of specific developing countries and changing situations on the ground, while remaining transparent and predictable enough to allow developing countries and other partners to plan and budget efficiently. (16) Assistance should give priority to undertakings that will directly improve the lives of the poorest, most vulnerable and marginalized groups, and strengthen their capacity to participate in the political, economic, and social development of their countries. (17) Investments in research, the fostering of innovation and the application of technology are essential to expanding the impact and effectiveness of development policies and programs. To ensure that such research, innovation and technology are appropriately harnessed, development assistance policies and programs should promote data collection and rigorous analysis, evidence-based decisionmaking, a culture of learning, a mechanism for scaling up successful methods and activities, and a process for sharing best practices. (18) Gender equality is a matter of fundamental human rights, as well as being essential to the reduction of poverty and to the health, education and well-being of families and communities. Assistance should encourage and promote the full participation of women and girls in the decisions that affect their lives, elevate the role of women in their societies, ensure that women are fully integrated into United States policies and programs, afford women opportunities to support themselves and their families, equip and empower women to serve as leaders and as agents of transformation, and protect women and girls against discrimination and violence. (19) Assistance should promote the wise and efficient use of natural resources to ensure stable economic growth and a healthy environment in which to live, learn, and work. (20) Policies and programs carried out under this subtitle should promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, respect their inherent dignity, and encourage their full and effective participation in society on an equal basis with others. (21) International and United Nations-affiliated agencies and multilateral development institutions are essential components of United States poverty reduction efforts. The United States Government should recognize the comparative advantages of such institutions, particularly with respect to investments in capital-intensive projects and in countries and regions where the United States does not have a large physical presence, while supporting reforms to make such institutions more accountable, responsive, and representative. In addition to direct financial contributions, the United States Government should provide technical and logistical assistance to such institutions as appropriate. (22) Private investment and philanthropy and individual remittances are increasingly important sources of development resources. The United States Government should help to link the United States private sector with appropriate local partners, to encourage private investment in economic and social development programs to which the United States lends support, and to ensure complementarity between public and private development efforts. (23) Assistance should be planned and utilized to encourage regional cooperation among developing countries in the solution of common problems and the development of shared resources. 1014. Goals of assistance In order to reduce poverty in developing countries, assistance under this subtitle shall be designed to further the following goals: (1) Accelerating economic growth. (2) Promoting food security. (3) Advancing health. (4) Expanding quality education. (5) Protecting and restoring the natural environment. (6) Improving access to safe water, sanitation, and housing. (7) Fostering gender equality. (8) Strengthening democratic governance. 1015. Development Support Funds (a) Authorization of assistance (1) In general The Administrator is authorized to provide assistance, on such terms and conditions as the Administrator may determine, to developing countries, in accordance with the policy described in section 1012 and the principles described in section 1013, to further the goals described in section 1014. (2) Country strategies The annual congressional budget justification submitted under section 8302 shall specify the amount of funds to be made available to prepare and carry out Country Development Cooperation Strategies under section 1018. (3) Availability Funds made available under this section for a fiscal year are authorized to remain available until expended. (4) Designation of funds Assistance authorized under this subsection shall be known as Development Support Funds . (b) Sustainability and local procurement In providing assistance authorized under subsection (a), the Administrator— (1) shall, to the maximum extent feasible, emphasize the development of local capacity and the establishment of sustainable institutions in the partner country; and (2) should, to the extent feasible and if cost-effective, procure required goods and services in the partner country, or, if local procurement is not feasible or cost-effective, in another developing country in the same region. (c) Factors In determining the amount of assistance to be provided for each country the Administrator shall take into account the following factors: (1) The absolute number and proportion of people in such country living in poverty. (2) The country’s ranking on the Human Development Index or other similar measures of living standards and overall well-being. (3) The country’s per capita income. (4) The availability of domestic resources for development within such country. (5) The availability of resources from other donors and investors in such country. (6) The extent to which there is a political, social, and economic environment in such country that will enable funds to be used effectively and accountably to achieve lasting results. (7) The performance record of the country in reducing poverty and responsibly using foreign assistance, if any, in the previous three to five-year period. (8) The country’s demonstrated commitment to its own development, including investments in its people. (9) Any other factors that the Administrator determines to be appropriate. (d) Criteria and methodology (1) Establishment The Administrator shall establish the criteria and methodology for determining the amount of assistance to be provided for each country under subsection (a). Such criteria and methodology shall— (A) be based on the factors listed in subsection (c); (B) use, to the maximum extent possible, objective and quantifiable indicators; and (C) ensure that an appropriate proportion of funds are made available for each geographic region of the world. (2) Congressional consultation The Administrator shall consult with the appropriate congressional committees on the criteria and methodology, including indicators, established pursuant to paragraph (1). (3) Public availability The criteria and methodology, including indicators, established pursuant to paragraph (1) shall be made publicly available on the Internet website of the Agency. (4) Annual budget submission For each fiscal year, the Administrator shall include in the congressional budget justification submitted under section 8302 the rankings of each country according to the criteria and methodology established pursuant to paragraph (1). (e) Full funding of projects and activities (1) In general Subject to paragraph (2), funds may be obligated to carry out a Country Development Cooperation Strategy under section 1018 or a sector strategy for development transmitted under section 1019 only pursuant to an agreement for a project or activity that constitutes an obligation of the full estimated amount of foreign assistance for the life of such project or activity. (2) Rules of construction For purposes of this section— (A) an obligation includes any sub-obligation of funds initially obligated under a Strategic Objective Agreement or other similar agreement; (B) an agreement includes any grant, cooperative agreement, or contract entered into by the United States Government or a partner country with funds made available to carry out this subtitle; and (C) funds, in addition to those obligated pursuant to subsection (a), may be obligated for a project or activity if the Administrator determines, on a case-by-case basis, and reports such determination to the appropriate congressional committees, that an additional obligation of funds is necessary in order to enable the Administrator to meet development objectives that could otherwise not be met absent such additional obligation. (3) Outlays and expenditures The requirement in paragraph (1) shall not be construed to require outlays or expenditures for a project or activity which does not meet all applicable conditions relating to performance, accountability, and eligibility. 1016. Innovation Fund (a) Establishment The Administrator is authorized to establish a fund to support innovative projects and evidence-based solutions that may be tested, replicated, and scaled up in partner countries to significantly improve development outcomes. (b) Funding The Administrator is authorized— (1) to transfer to the fund up to $50,000,000 of amounts made available for a fiscal year under section 1015, which may be used notwithstanding any other provision of law; and (2) to accept contributions to the fund from foundations, corporations, and educational and nongovernmental organizations. (c) Documentation A detailed description of all obligations and expenditures from the fund shall be made publicly available on the Internet website of the Agency, including a description of amounts, beneficiaries, locations, and intended purposes, at the time the obligation or expenditure is made. (d) Lessons learned Each project supported by the fund shall be independently evaluated, and the results and lessons learned shall be made publicly available on the Internet website of the Agency. 1017. United States Strategy for Global Development (a) In general Under the direction of the President, and consistent with the results of the Quadrennial Diplomacy, Development, and Security Review, the Interagency Policy Committee on Global Development established under section 1020 shall prepare on a quadrennial basis a comprehensive strategy to further the United States foreign policy objective of promoting global development. Such strategy shall be known as the United States Strategy for Global Development . (b) Elements The strategy required under subsection (a) shall— (1) establish clear and specific goals and objectives for United States policies and programs to advance global development that are consistent with the principles of section 1013, internationally agreed development goals, and developing country priorities; (2) explain how such goals and objectives are informed by and will be coordinated with internationally agreed goals, developing country strategies, and the programs of other bilateral and multilateral donors; (3) identify major policy changes and key priorities for assistance that will be necessary to achieve such goals and objectives; (4) provide evidence and data to support the proposed strategy and demonstrate how it would improve development effectiveness; (5) define the respective roles of each Federal agency in carrying out the strategy; (6) outline a process to enhance coordination among each such agency to ensure policy and program coherence; (7) review and improve mechanisms for consulting with other development stakeholders; (8) describe how crosscutting themes such as gender equality, human rights, environment, and conflict prevention will be integrated throughout the strategy; (9) recommend mechanisms to ensure that the strategy can be adjusted to respond to new information and changing situations on the ground and to reflect best practices and lessons learned; (10) estimate the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the subsequent 4-year period; and (11) include a plan, budget, and timetable for implementing the strategy, including any legislative requests and Executive orders to be issued. (c) Consultation In preparing the strategy required under subsection (a), the Interagency Policy Committee on Global Development established under section 1020 shall consult with the appropriate congressional committees and relevant stakeholders. (d) Transmission to congress (1) In general Not later than 180 days after the date of the enactment of this Act and every four years thereafter, the President shall transmit to the appropriate congressional committees a copy of the strategy required under subsection (a). (2) Availability to public The strategy transmitted under paragraph (1) shall be published on the Internet at the time of transmission to the appropriate congressional committees. 1018. Country Development Cooperation Strategies (a) In general Every 3 to 5 years, the Mission Director of the Agency in each country described in subsection (b) shall prepare a strategy for United States policies and programs relating to development in such country. Such strategy shall be known as the Country Development Cooperation Strategy . (b) Country described A country described in this subsection is a country in which— (1) there is a full Agency mission; and (2) significant violent conflict is neither ongoing nor likely. (c) Elements Each strategy required under subsection (a) shall be consistent with the principles of section 1013 and shall contain the following elements: (1) An overview of the country’s own development strategy and national sectoral plans, as reflected in its Poverty Reduction Strategy Paper or other official documents. (2) An analysis of the process by which the country established its development strategy, including the extent to which the strategy reflects the input of marginalized groups and affected communities. (3) An assessment of current gaps between relief and development programming, the country’s vulnerability to a natural or human-caused disaster and to the outbreak of violent conflict, and the steps being taken to close current programming gaps and to prevent, prepare for, or mitigate such a disaster or conflict. (4) An assessment of the country’s vulnerability to climate change, and the special challenges such change is likely to pose. (5) An assessment of the progress the country has made toward meeting its development goals and of the results of foreign assistance in the previous 3 to 5 years. (6) An analysis of the major obstacles and challenges to achievement of the country’s development strategy, or in cases in which there is no strategy or the strategy is deeply flawed, the obstacles and challenges to achievement of internationally agreed development goals in the country. (7) A description of the specific ways in which the United States can most effectively invest in the country’s development, including a review of the roles of the various donors and the areas of United States comparative advantage. (8) A description of the roles of each participating Federal agency in carrying out the strategy. (9) A description of the consultative mechanisms used in developing the strategy and the stakeholders consulted. (10) A description of the mechanisms by which United States Government policies and programs relating to development will be harmonized with the country’s development strategy and assistance from other donors. (11) A description of the linkages between the strategy and relevant sector strategies for development, including any assistance to be provided for the country pursuant to a sector strategy. (12) An evaluation of the risks and tradeoffs contained in the approach recommended in the strategy. (13) Specific, measurable goals and objectives for development assistance to the country over the next 3 to 5 years, including a list of indicators to be used in assessing impact, which to the maximum extent practicable shall reflect the country’s development strategy, shall be gender-disaggregated, and shall emphasize the reduction of extreme poverty. (14) The total amount of development assistance requested for the country over the period of the strategy, and the estimated amount that would be devoted to each goal and objective for such assistance. (15) A description of the types of projects and activities to be supported in pursuit of each goal and objective for such assistance. (16) A description of the likely types of partners for each type of project or activity, which to the maximum extent practicable shall utilize and strengthen local procurement and delivery systems. (17) A description of the personnel resources needed to implement the strategy, and any bureaucratic, logistical, or infrastructural impediments to deploying such resources. (18) A description of how development assistance will build local capacity, strengthen country ownership, improve country systems, advance democratic governance, and reflect country priorities. (19) A plan and budget for monitoring the performance and evaluating the impact of development assistance, which to the maximum extent practicable shall utilize and strengthen local monitoring and evaluation systems, and shall include data on a sex-disaggregated basis. (20) A description of how development assistance will help to promote regional cooperation and integration. (d) Consultation In preparing the strategy required under subsection (a), the Mission Director shall consult with a wide range of relevant stakeholders to ensure that the strategy is appropriate to local needs and conditions and incorporates the views of the partner country. (e) Review and coordination (1) By Administrator Each strategy prepared under subsection (a) shall be submitted to the Administrator for review and approval. (2) By IPC Each strategy reviewed and approved under paragraph (1) shall be transmitted to the Interagency Policy Committee on Global Development established under section 1020 to ensure coordination with the United States Global Development Strategy and all other United States policies and programs relating to the partner country. (f) Transmission (1) To Congress Each strategy prepared under subsection (a) shall be transmitted to the appropriate congressional committees. (2) To partner country Each strategy prepared under subsection (a) shall be officially transmitted to the government of the partner country at the same time it is transmitted to the appropriate congressional committees under paragraph (1). (3) Public availability Each strategy prepared under subsection (a) shall be published on the Internet website of the Agency not later than 3 days after it is transmitted to the government of the partner country under paragraph (2). (4) Revisions (A) In general A strategy prepared under subsection (a) may be revised at any time, but any significant revision to such strategy shall be subject to the same consultation, review, and transmission requirements that are applicable to a strategy prepared under subsection (a). (B) Definition In this paragraph, the term significant revision means a change— (i) to a goal, objective, or indicator; (ii) of more than 20 percent in— (I) the amounts to be provided for a goal or objective; or (II) the number of personnel required; or (iii) in the general nature of the projects or activities to be supported. (g) Implementation None of the funds made available under section 1015 may be used to carry out a strategy prepared under subsection (a) until at least 15 days after the strategy is transmitted to the appropriate congressional committees under subsection (f)(1). 1019. Sector strategies for development (a) In general Every 4 years, the Administrator shall prepare, consistent with the results of the Quadrennial Diplomacy, Development, and Security Review prepared under section 8101 and the United States Strategy for Global Development prepared under section 1017, individual strategies for achieving each of the goals of assistance described in paragraphs (1) through (8) of section 1014. (b) Elements Each strategy required under subsection (a) shall include— (1) specific objectives for the next 4-year period, including indicators and other measurements of success; (2) a description of how such objectives relate to, are informed by, and will be coordinated with the development goals and relevant sectoral plans of partner countries, as well as with those of other bilateral and multilateral donors; (3) a description of the roles of each Federal agency in carrying out the strategy, and the mechanisms for coordination; (4) a description of policies and programs needed to achieve such objectives, and the proportion of resources to be provided to such policies and programs; (5) a description of the ways in which research, innovation, and technology will be deployed in support of such objectives; (6) a list of priority countries, regions, and intended beneficiaries on which resources would be focused; (7) a description of the gender considerations taken into account, the role of women and girls as participants and beneficiaries of the strategy, and the impact the strategy will have on gender equality; (8) a description of how the policies, programs, objectives and priorities have been informed by, and will respond to, conflict strategies and assessments issued pursuant to section 2021; (9) an analysis of the key opportunities and challenges for achieving favorable results in the next 4-year period; (10) a mechanism for ensuring that policies and programs undertaken pursuant to the strategy inform and are informed by, build upon, contribute to, and otherwise advance policies and programs pursuant to each of the other sector strategies required under this section; (11) the amounts devoted to similar purposes in the previous 4-year period, the results achieved and the lessons learned; and (12) the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the next 4-year period. (c) Consultation In preparing each strategy required under subsection (a), the Administrator shall consult with the appropriate congressional committees and a wide range of relevant stakeholders to ensure that the strategy is appropriate to local needs and conditions and incorporates the views of partner countries. (d) Review and coordination Each strategy prepared under subsection (a) shall be transmitted to the Interagency Policy Committee on Global Development established under section 1020 to ensure coordination with the United States Global Development Strategy and all other United States policies and programs pertaining to that sector. (e) Transmission to congress (1) Schedule At the time of transmission of the United States Strategy for Global Development pursuant to section 1017, the Administrator shall transmit to the appropriate congressional committees a schedule for the completion within the next 2 years of an initial strategy for each of the goals described in section 1014. (2) Regular transmission Each strategy prepared under subsection (a) shall be transmitted to the appropriate congressional committees. (3) Public availability Each strategy prepared under subsection (a) shall be published on the Internet website of the Agency not later than 3 days after it is transmitted to the appropriate congressional committees. (4) Revisions (A) In general A strategy prepared under subsection (a) and transmitted pursuant to paragraph (2) may be revised at any time, but any significant revision to such strategy shall be subject to the same consultation, review, and transmission requirements that are applicable to a strategy prepared under subsection (a). (B) Definition In this paragraph, the term significant revision means a change— (i) to a goal, objective, or indicator; (ii) in the general nature of the policies and programs to be supported; (iii) in the priority countries, regions, or intended beneficiaries; or (iv) of more than 10 percent of the proportion of resources to be provided to a policy or program. (f) Implementation None of the funds made available under section 1015 may be used to carry out a strategy prepared under subsection (a) until at least 15 days after the strategy is transmitted to the appropriate congressional committees pursuant to subsection (e). 1020. Interagency Policy Committee on Global Development (a) Establishment The President shall establish an Interagency Policy Committee on Global Development (in this section referred to as the Committee ) to coordinate United States budgets, policies, and programs affecting international development. (b) Membership The Committee shall be composed of the Administrator and a senior representative of each Federal agency with policies or programs significantly affecting international development. (c) Chairperson The Administrator shall serve as the Chairperson of the Committee. (d) Meetings (1) Regular meetings Meetings of the Committee shall be held not less often than quarterly. (2) Additional meetings In addition to its regular meetings, the Committee shall meet subject to the call of the Chairperson. (e) Subordinate units The Committee may establish such subordinate units as it determines necessary. (f) Duties The Committee shall— (1) advise the President with respect to the coordination of United States budgets, policies, and programs affecting international development, including programs of bilateral and multilateral development assistance; (2) promote policy consistency and coherence, and minimize program gaps and duplication; (3) prepare, on a quadrennial basis, a comprehensive strategy to further the United States foreign policy objective of reducing global poverty, as described in section 1017; (4) review, upon completion, Country Development Cooperation Strategies required under section 1018, and ensure that such strategies are coordinated with the United States Strategy for Global Development and all other United States policies and programs relating to the partner country; (5) review, upon completion, the sector strategies for development prepared under section 1019, and ensure that such strategies are coordinated with the United States Strategy for Global Development and all other United States policies and programs relating to that sector; (6) monitor and evaluate the results and impact of the development policies and programs carried out by each Federal agency; (7) facilitate coordination, cooperation, and information sharing among Federal agencies; and (8) define and rationalize the role of each Federal agency in carrying out development policies and programs. (g) Staffing (1) In general The Administrator shall provide administrative and staff support to the Committee. (2) Other agencies The head of a Federal agency represented on the Committee may temporarily assign, upon the request of the Chairperson, one or more employees from the agency to the staff of the Committee. 1021. Global Development Council (a) Policy To help protect national security and further United States economic, humanitarian, and strategic interests in the world, it is the policy of the United States Government to promote and elevate development as a core pillar of United States power and chart a course for development, diplomacy, and defense to reinforce and complement one another. The successful pursuit of development is essential to advancing United States national security objectives: security, prosperity, respect for universal values, and a just and sustainable international order. The effectiveness of this development policy will depend in large measure on how the United States engages with partners, beneficiaries of development assistance, and stakeholders. The United States will use evidence-based decisionmaking in all areas of United States development policy and programs, and will foster development expertise and learning worldwide. (b) Establishment (1) In general The President shall establish a Global Development Council (in this section referred to as the Council ) to advise and support the President in furtherance of the policy set out in subsection (a). (2) Located within Agency The Council shall be established for administrative purposes within the Agency, subject to the foreign policy and budgetary guidance of the Secretary. (c) Membership (1) In general The Council shall be composed of the following: (A) Not more than 12 individuals from outside the United States Government appointed by the President. Such members may serve as representatives of a variety of sectors, including, among others, institutions of higher education, non-profit and philanthropic organizations, civil society, and private industry. (B) The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the Millennium Challenge Corporation, who— (i) shall serve as non-voting members of the Council; and (ii) may designate, to perform the Council functions of the member, a senior-level official who is part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government. (2) Chair and Vice Chair The President shall designate a member of the Council to serve as Chair and another member to serve as Vice Chair. The Chair shall convene and preside at meetings of the Council, determine meeting agendas, and direct its work. The Vice Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other functions as the Chair may assign. (3) Terms The term of office of a member appointed by the President from outside the United States Government shall be 2 years, and such member shall be eligible for reappointment and may continue to serve after the expiration of such term until the President appoints a successor. A member appointed to fill a vacancy shall serve only for the unexpired term of such vacancy. (d) Functions The Council shall meet regularly and shall— (1) inform the policy and practice of United States global development policy and programs by providing advice to the President and other senior officials on issues including— (A) innovative, scalable approaches to development with proven demonstrable impact, particularly on sustainable economic growth and good governance; (B) areas for enhanced collaboration between the United States Government and public and private sectors to advance development policy; (C) best practices for and effectiveness of research and development in low and middle income economies; and (D) long-term solutions to issues central to strategic planning for United States development efforts; (2) support new and existing public-private partnerships by— (A) identifying key areas for enhanced collaboration and any barriers to collaboration; and (B) recommending concrete efforts that the private and public sectors together can take to promote economic development priorities and initiatives; and (3) increase awareness and action in support of development by soliciting public input on current and emerging issues in the field of global development as well as bringing to the President’s attention concerns and ideas that would inform policy options. (e) Administration and related matters (1) In general The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. (2) Funding and administrative support Funding and administrative support for the Council shall be provided by the Agency to the extent permitted by law and within existing appropriations. (3) Executive Director The Administrator shall appoint an Executive Director who shall be a Federal officer or employee of the Agency and serve as a liaison to the Administrator and the Executive Office of the President and consult with relevant Federal departments, agencies, and offices on matters and activities pertaining to the Council. (4) Compensation; travel expenses The members of the Council who are appointed from outside the Federal Government shall serve without compensation for their work on the Council. Members of the Council may 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. (5) To the extent as the Federal Advisory Committee Act applies to the Council, any functions of the President under such Act, except functions relating to reporting to Congress, shall be performed by the Administrator in accordance with the guidelines issued by the Administrator of General Services. (f) Termination (1) In general Except as provided in paragraph (2), the Council shall terminate on the date that is 2 years after the date of the enactment of this Act. (2) Extension The Council may be extended by the President for additional two-year periods. (3) Report Prior to exercising the authority under paragraph (2) to extend the Council, the President shall submit to the appropriate congressional committees a report on the activities of the Council during the previous two-year period. 1022. Development education The Administrator is authorized to use up to $1,000,000 of amounts made available under section 1015 in any fiscal year to support expansion and improvement of United States education about global poverty, the process and challenges of international development, and the interdependence of the United States and developing countries. 1023. Definitions In this subtitle: (1) Agriculture The term agriculture means the science and practice of activities related to food, feed, livestock, or fiber production, processing, marketing, distribution, utilization, and trade, and encompasses the study and practice of family and consumer sciences, nutrition, food sciences, forestry, wildlife, fisheries, aquaculture, floraculture, livestock management, veterinary medicine, and other environmental and natural resource sciences. (2) Agricultural development The term agricultural development means methods to use agriculture as a basis for food security, family livelihood, and economic growth by— (A) increasing the productivity of those involved in the production of food, fuel, and fiber, including farmers, fishers, foresters, and pastoralists, particularly those that operate on a small scale; (B) linking producers to consumers through markets, including postharvest activities such as storage, processing, transport, and improving market efficiency; (C) supporting a legal, regulatory, and policy environment that is conducive to agricultural investment and production; and (D) strengthening technical, financial, and business service providers that help food producers grow their enterprises. (3) Country systems The term country systems means the public financial management, procurement, disbursement, and monitoring and evaluation systems of a country. (4) Developing country The term developing country means a country or area that is on the List of Official Development Assistance Recipients of the Development Assistance Committee of the Organization for Economic Cooperation and Development. (5) Development stakeholder The term development stakeholder — (A) means an entity directly or indirectly affected by the success of efforts to reduce poverty and promote self-sustaining, equitable, and environmentally sound economic growth in a partner country; and (B) includes— (i) national, regional, and local governments and administering authorities, intermediate representative institutions, civil society organizations, and intended beneficiaries, including marginalized groups; (ii) Federal agencies, congressional committees, the Government Accountability Office, and private partners; and (iii) bilateral, multilateral, and private donors. (6) Food security The term food security means that all people at all times have both physical and economic access to sufficient food to meet their dietary needs for a healthy and active life. (7) Relevant stakeholder The term relevant stakeholder — (A) means a party that is— (i) directly or indirectly affected by a particular law, regulation, policy, process, program, project, or activity; or (ii) involved in the funding, design, implementation, auditing, or oversight thereof; and (B) includes— (i) national, regional, and local governments and administering authorities, intermediate representative institutions, civil society organizations, and intended beneficiaries, including marginalized groups; (ii) Federal agencies, congressional committees, the Government Accountability Office, and private partners; and (iii) bilateral, multilateral, and private donors. 1 Accelerating Economic Growth 1101. Findings and statement of policy (a) Findings Congress finds the following: (1) Broad-based and sustainable economic growth is the most powerful engine for reducing poverty, and is key to advancing human development. It is the surest way for countries to generate the resources they need to address illiteracy, poor health, and other development challenges on their own. (2) By expanding incomes, economic growth helps families and individuals not only to meet their basic needs, but also to realize their unique capabilities, exercise greater freedom in their lives, and achieve their full human potential. (3) Economic growth enables countries to offer better markets for United States goods and services and to become more effective partners with the United States in working toward a more stable, healthy, and prosperous world. (4) Well-functioning, dynamic private markets promote economic activity and accelerate growth, providing increased incomes and employment. (5) To encourage entrepreneurship and private investment, developing countries must create a favorable legal, policy and regulatory environment; an efficient and accountable system of public financial management; fair, transparent and predictable enforcement of property rights and contracts; effective procedures for resolving economic disputes among firms and individuals; and rigorous efforts to stem bribery and corruption. (6) Even where markets are functioning well, differential access to education, technology, credit and other resources can cause economic benefits to be uneven. Expanding economic opportunity and access to the tools that help citizens engage in the market economy enables the poor, women and other marginalized groups to participate in and contribute to economic growth. (7) An abundance of young people in a country with a weak economy and non-responsive government can leave individuals frustrated by the lack of jobs and opportunities. But youth are also key human resources for growth and positive change. When governments embrace policies that promote education, economic opportunities, the empowerment of women, and equitable access to resources, countries can capitalize on the productivity of a growing workforce to boost economic growth. (8) Expanding trade regionally and internationally is critical for many of the smallest and poorest developing countries, where local demand is too weak to support large-scale expansion of production, employment, and incomes. Building trade capacity and removing trade barriers are essential to lasting economic growth. (9) Heavy debt burdens, often accumulated under prior, undemocratic regimes, can undermine the ability of developing countries to invest in their people and make progress fighting poverty. (10) United States international trade and economic policies are often formulated with little recognition or consideration of their impact on developing countries. More active participation by the Agency in interagency decisionmaking processes can help achieve greater balance among competing United States interests, ensuring that development is duly considered as a priority of United States foreign policy. (b) Statement of policy It is the policy of the United States to work in cooperation with the international community to help partner countries achieve broad-based and sustainable economic growth that— (1) includes all major income groups, marginalized groups and women; (2) significantly reduces poverty; (3) uses natural resources responsibly; and (4) reduces dependence on foreign assistance. 1102. Goal and objectives (a) Goal The goal of assistance under this chapter is to accelerate broad-based and sustainable economic growth. (b) Objectives In furtherance of the goal described in subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Increase income-generating opportunities. (2) Expand access to markets, capital, credit, land, and other productive resources. (3) Enhance productivity through education and training. (4) Improve the legal, regulatory and policy environment for business and trade. (5) Build human and institutional capacity to compete in the global economy. 1103. Global Strategy for Economic Growth (a) In general The strategy required under section 1019 with respect to accelerating economic growth shall be known as the Global Strategy for Economic Growth . (b) Contents The Global Strategy for Economic Growth shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1102. (c) Guidelines The Global Strategy for Economic Growth should— (1) specify the role of microfinance and microenterprise development, including the resources to be devoted to promoting microenterprise; (2) identify United States policies relating to trade, agriculture, debt, and other matters that have an impact on economic growth in developing countries, and recommend changes that would enhance development objectives; (3) plan for long-term sustainability through linkages to regional and international markets and private investment; (4) include mechanisms for increasing consultation, cooperation, and coordination with the private sector, in order to attract greater private sector participation in development activities; (5) address the impact of remittances and identify ways that their development impact can be maximized; (6) recommend methods for reducing illicit outflows of natural resources and capital from developing countries; and (7) establish mechanisms for improving policy and program coordination among Federal agencies engaged in economic growth activities. 1104. Assistance for economic growth (a) Authorization The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries. (b) Activities Assistance authorized under subsection (a) shall include the following: (1) Expanding income generating opportunities for the poor, including women. (2) Enhancing the workforce by, among other things, providing job training and vocational skills appropriate to local needs and conditions. (3) Improving access, particularly of women and the poor, to markets and productive resources, including credit and financial services, affordable and resource-conserving technologies, technical and market-related information, and property and inheritance rights. (4) Strengthening the legal, policy, and regulatory framework for broad-based and sustainable economic growth, including the protection of private property and intellectual property. (5) Supporting the development of cooperatives, credit unions, and labor unions. (6) Expanding local capacity and demand for collection and analysis of statistical information. (7) Promoting the development, reform or restructuring, as appropriate, of financial, monetary, fiscal and regulatory systems. (8) Building and strengthening institutional capacities to plan, analyze, implement, manage, monitor and evaluate economic policies and programs. (9) Promoting sound financial management practices and budgetary policies, and reducing corruption, waste, fraud and abuse. (10) Increasing private sector competitiveness, strengthening local and regional markets, building trade capacity, and expanding trade ties. (11) Promoting collaboration between public and private sector entities for the reduction of poverty and its worst physical manifestations, and encouraging private sector investment in projects benefitting the poor. (12) Facilitating the development of social safety nets, pension plans, insurance networks, and other mechanisms designed to improve income security. (13) Protecting internationally recognized worker rights, especially with regard to child labor. (14) Developing and identifying analytical tools and methodologies to enable effective targeting and measurement of programs for women, the poor and very poor. (15) Increasing the transparency of budgets and procurement processes, and the effectiveness of oversight, monitoring, accountability and audit mechanisms. 1105. Fiscal and contract transparency (a) Establishment of international standards The United States Government should seek, in appropriate multilateral fora, to establish voluntary international standards of fiscal and contract transparency, such as the public disclosure of budget documentation, including receipts and expenditures by ministry, and government contracts and licenses for natural resource extraction, including bidding and concession allocation practices. (b) Partnerships for transparency The Administrator is authorized to use funds made available under this chapter to support improvements to fiscal and contract transparency in partner countries. (c) Requirement The Administrator shall not provide direct government-to-government assistance under this Act for any government that fails to make its national budget publicly available on an annual basis. (d) Definition In this section, the term government-to-government assistance means assistance for a project or activity that is managed directly by a partner government entity using its own financial management and procurement systems. A Microenterprise development assistance 1111. Findings and statement of policy (a) Findings Congress finds the following: (1) Access by women and the poor to financial and business development services is a vital factor in reducing poverty and promoting sustainable economic growth in developing countries. (2) Microfinance and microenterprise development programs have demonstrated high impact and long-term sustainability because they build capacity for self-help among the poor, especially women, thereby broadening the base for and increasing the inclusiveness of economic growth. (3) In order to ensure that microenterprise programs promote the maximum financial inclusion of women, gender analysis should be integrated into microenterprise program design, implementation, monitoring and evaluation. (4) A comprehensive approach to microenterprise development includes support for the provision of credit, savings, insurance, education and training, technical assistance, business development, and other financial services to women, poor people, and other marginalized groups. (5) Microenterprise development and microfinance are particularly important to enhancing the livelihoods of refugees, displaced persons, and those affected by conflict, whose routine employment opportunities and access to productive resources have been reduced or disrupted. (6) Microenterprise and microfinance activities should be thoroughly integrated into all aspects of development, especially including agriculture and health. (7) United States Government support for microfinance and microenterprise development should complement private initiatives in this area by focusing on those who lack access to formal financial services, and on countries and sectors that have been underserved by private capital flows. (8) United States Government funds should be used to catalyze and attract additional resources, including private sector funds, investment funds, and the savings of the poor, such as through matching fund opportunities and challenge grants. (9) United States Government-supported microfinance lending should accept a higher level of risk than private lending in order to promote innovative products and methodologies and serve poorer and harder-to-reach populations. (10) United States Government support for microenterprise development and microfinance should build the capacity of local institutions in order to enable them to better meet the credit, savings, and training needs of microfinance and microenterprise clients. (11) Microfinance and microenterprise activities, especially those benefitting the very poor, should be a significant component of development assistance. (b) Statement of policy It is the policy of the United States to promote a global strategy of financial inclusion for all, and especially the very poor and women, through support for microfinance and microenterprise development in partner countries. 1112. Microenterprise Fund (a) In general The Administrator shall establish a centrally managed fund for microfinance and microenterprise development activities, to be known as the Microenterprise Fund . Assistance provided through the Microenterprise Fund shall be in addition to assistance otherwise made available for such purposes. (b) Activities Assistance provided through the Microenterprise Fund shall be used to advance the policy described in section 1111(b), including through the following activities: (1) Expanding the availability of credit, savings and other financial and nonfinancial services to microfinance and microenterprise clients. (2) Training, technical assistance and business development services for microenterprises. (3) Capacity-building for microfinance and microenterprise institutions. (4) Improving the legal and regulatory environment for microenterprise and for financial institutions that serve the poor and very poor. (5) Developing new and innovative microfinance and microenterprise products and services. (6) Developing, identifying and testing tools that facilitate better targeting of programs to the very poor, women, and other disadvantaged groups. (7) Providing targeted core support for microfinance and microenterprise networks and other practitioners. (c) Targeting of assistance (1) Very poor and women At least 50 percent of the assistance provided through the Microenterprise Fund shall be targeted to microenterprise clients who are very poor, and a significant proportion of such assistance shall be targeted to women. (2) Poverty assessment tools In targeting assistance pursuant to paragraph (1), the Administrator shall identify, field-test, and certify for use no fewer than two low-cost methods to assess the poverty levels of incoming or prospective clients of microenterprise institutions, and shall require that all private partners use one of the certified methods. (d) Private partners Assistance provided through the Microenterprise Fund shall emphasize the use of private partners who— (1) match such assistance, to the greatest extent practicable, with non-United States Government resources, including funds from other donors, commercial or concessional borrowing, participant savings, and program income; (2) maintain low overhead and administrative costs; (3) are highly technically competitive; (4) design their programs to meet the needs of women; (5) target their resources at the very poor; (6) design their programs for maximum financial sustainability; and (7) adopt robust client protection principles and incorporate them into their practices. 1113. Office of Microenterprise Development (a) Establishment There is established within the Agency an Office of Microenterprise Development (hereafter in this section referred to as the Office ), which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development. (b) Responsibilities The Office shall be responsible for— (1) administering the Microenterprise Fund established under section 1112; (2) developing a comprehensive and coherent plan, which shall be made available to the public, for promoting financial inclusion for all through microfinance and microenterprise development programs; (3) ensuring that such plan is integrated into the Global Strategy for Economic Growth described in section 1103 and other country and sector strategies for development, as appropriate; (4) advising and providing technical support to Agency missions regarding the design and implementation of microfinance and microenterprise development programs, including through incorporation of such programs into Country Development Cooperation Strategies; (5) setting performance goals and indicators to ensure that microfinance and microenterprise development activities benefit the very poor and women; and (6) collecting and disseminating detailed data to document the impact of microfinance and microenterprise development activities on the very poor and women. 1114. Definitions In this subchapter: (1) Microenterprise The term microenterprise means a firm of 10 or fewer employees, including unpaid workers, which is owned and operated by someone who is poor. (2) Microfinance The term microfinance means activities to provide, or to increase the availability of, credit, savings, insurance, and other financial services to microenterprises. (3) Very poor The term very poor refers to individuals whose incomes are— (A) in the bottom 50 percent of those below the poverty line in their country of residence; or (B) below the World Bank international extreme poverty line. B Small and medium enterprise development 1121. Findings and statement of policy (a) Findings Congress finds the following: (1) Small and medium enterprises (SMEs) are key drivers of competition, growth, and job creation, particularly in developing countries. They make up an estimated 90 percent of businesses and over 50 percent of employment worldwide. (2) Access to financial services for SMEs remains severely constrained in many emerging markets. (3) The global financial crisis created a financing gap that particularly affected SMEs, making it more difficult for these enterprises to find the capital to grow their businesses and create jobs. (4) Even as liquidity is restored to financial institutions, lending volumes remain depressed and SMEs still have limited access to financing. (5) The lack of agribusinesses in rural areas has contributed to the growth of urban slums and a burgeoning population of disaffected youth. (6) Increasing access to finance for SMEs is best achieved by increasing the depth and breadth of local financial markets and boosting the competitiveness of the private financial sector. (7) Enabling growth—and ensuring that poor people can participate—requires an environment where people are able to start and grow businesses, as well as create more jobs. (b) Statement of policy It is the policy of the United States to encourage entrepreneurship and expand the formal sector in partner countries by— (1) building the capacity of SMEs; (2) increasing SME access to financial services, technology, training, and other resources; and (3) reducing the legal and bureaucratic hurdles to starting a business. 1122. Assistance for small and medium enterprises The Administrator is authorized to use funds made available under this chapter for programs to encourage entrepreneurship and strengthen small and medium enterprises in partner countries, including: (1) Training in entrepreneurship, including basic business management, accounting, bookkeeping, marketing, risk management, and computer skills. (2) Agriculture entrepreneurship training, particularly to increase employment opportunities in rural areas. (3) Establishing youth entrepreneurship programs in schools or through community partnerships with business and youth organizations to promote economic skills, ethics, integrity, and healthy life skills among youth. (4) Strengthening laws, regulations, and enforcement mechanisms to protect national and international intellectual property rights and to protect the people and industries of developing countries against imported counterfeit goods. (5) Combating anti-competitive, unethical, and corrupt practices. (6) Improving the technology and information resources of financial institutions and small and medium enterprises. (7) Promoting the establishment of lending programs of financial institutions for small and medium enterprises. (8) Developing internal credit rating systems and credit assessment tools that improve the ability of financial institutions to evaluate risk. (9) Programs specifically targeted to small and medium enterprises owned by women, youth, and displaced persons. 1123. Definition In this subchapter, the term small and medium enterprise means a corporation, sole proprietorship, partnership, or other legal entity that— (1) has its principal place of business in a partner country; (2) is owned or controlled by persons who are citizens of such partner country; and (3) has fewer than 50 employees. C Other programs 1131. Development credit authority (a) Authorization of credit (1) In general The Administrator is authorized to provide direct loans, loan guarantees, and other investments involving the extension of credit to achieve any of the goals of this subtitle in cases in which— (A) the borrowers or activities are determined to be sufficiently creditworthy and do not otherwise have access to such credit; and (B) the use of credit authority is appropriate to the achievement of such goals. (2) Designation Assistance authorized under this subsection shall be known as the Development Credit Authority . (b) Priority activities To the maximum extent practicable, the Administrator shall give preference to providing assistance authorized under subsection (a) to promote— (1) the policy described in section 1111(b); (2) sustainable urban and environmental activities described in chapters 5 and 6; and (3) policy and institutional reforms in accordance with the objectives of this chapter. (c) Default and commodity provisions (1) Default provision For purposes of this Act, the default of a private sector recipient of assistance provided under this section shall not be considered to be the default of the government of the country in which the private sector recipient is located. (2) Commodity provision Assistance may be provided under this section without regard to commodity restrictions (as such term is defined in section 10001). (d) Terms and conditions of credit assistance (1) In general Assistance provided under this section shall be offered on such terms and conditions, including fees charged, as the Administrator may determine. (2) Limitation The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any single country or borrower, may not exceed $100,000,000. (3) Fraud and misrepresentation No payment may be made under any guarantee issued under this section for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible. (e) Full faith and credit All guarantees issued under this section shall constitute obligations, in accordance with the terms of such guarantees, of the United States of America and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations to the extent of the guarantee. (f) Co-Financing and risk sharing (1) In general Assistance provided under this section shall be in the form of co-financing or risk sharing. (2) Requirement Credit assistance may not be provided to a borrower under this section unless the Administrator determines that there are reasonable prospects of repayment by such borrower. (3) Additional requirement The investment or risk of the United States in any one development activity may not exceed 80 percent of the total outstanding investment or risk. (g) Eligible borrowers (1) In general In order to be eligible to receive credit assistance under this section, a borrower shall be sufficiently credit worthy so that the estimated costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the proposed credit assistance for the borrower does not exceed 30 percent of the principal amount of credit assistance to be received. (2) Additional requirement (A) In general With respect to the eligibility of a foreign government as an eligible borrower under this section, the Administrator shall make a determination that the additional debt of the government will not exceed the debt repayment capacity of the government. (B) Consultation In making a determination under paragraph (A), the Administrator shall consult, as appropriate, with international financial institutions and other institutions or agencies that assess debt service capacity. (h) Assessment of credit risk (1) In general The Administrator shall use the Interagency Country Risk Assessment System (ICRAS) and the methodology approved by the Office of Management and Budget to assess the cost of risk credit assistance provided under this section to foreign governments. (2) Consultation With respect to the provision of credit to nongovernmental organizations, the Administrator— (A) shall consult with appropriate private sector institutions, including large United States private sector debt rating agencies, prior to establishing the risk assessment standards and methodologies to be used; and (B) shall periodically consult with such institutions in reviewing the performance of such standards and methodologies. (3) Use of cost and risk assessment determinations of private sector co-financing entities In addition, if the anticipated share of financing attributable to public sector owned or controlled entities, including the Agency, exceeds 49 percent, the Administrator shall determine the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of such assistance by using the cost and risk assessment determinations of the private sector co-financing entities. (i) Retention of receipts collected Receipts collected pursuant to this section, and the Federal Credit Reform Act of 1990, in an amount not to exceed the amount appropriated for a fiscal year, shall be credited as offsetting collections for Development Support Funds, and shall be used to reduce, on a dollar-for-dollar basis, appropriations for that purpose. Amounts collected in a fiscal year in excess of obligations shall remain available until expended. 1132. Technical assistance for financial management (a) Establishment of program (1) In general The Secretary of the Treasury, in consultation with the Secretary of State and the Administrator, is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of partner countries. (2) Role of Secretary of State The Secretary of State shall provide foreign policy guidance to the Secretary of the Treasury to ensure that the program established under this subsection is effectively coordinated with United States foreign policy. (3) Role of Administrator The Administrator shall provide development guidance to the Secretary of the Treasury to ensure that the program established under this subsection is effectively coordinated with United States development policy and furthers the goals of this subtitle. (b) Conduct of program (1) In general In carrying out the program established under subsection (a), the Secretary of the Treasury shall provide economic and financial technical assistance to foreign governments and foreign central banks of partner countries by providing advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries to promote financial integrity, financial inclusion, consumer protection, financial education, macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable private sector growth. (2) Additional requirements To the extent practicable, such technical assistance shall be designed to establish— (A) tax systems that are fair, objective, and efficiently gather sufficient revenues for governmental operations; (B) debt issuance and management programs that rely on market forces; (C) budget planning and implementation that permits responsible fiscal policy management; (D) commercial banking sector development that efficiently intermediates between savers and investors; and (E) financial law development and enforcement to protect the integrity of financial systems, financial institutions, and government programs. (3) Emphasis on anti-corruption Such technical assistance shall include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market and trade mechanisms and, to the extent applicable, privatization procedures. (c) Administrative requirements In carrying out the program established under subsection (a), the Secretary of the Treasury shall— (1) in consultation with the Secretary of State and the Administrator, establish a methodology for identifying and selecting foreign governments and foreign central banks to receive assistance under the program; (2) prior to selecting a foreign government or foreign central bank to receive assistance under the program, receive the concurrence of the Secretary of State with respect to the selection of such government or central bank and with respect to the cost of the assistance to such government or central bank; (3) consult with the heads of appropriate Federal agencies and international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance; (4) ensure that the program is consistent with the global, sector, and country strategies being implemented by the Agency; and (5) establish and carry out a plan to monitor and evaluate the program, consistent with the requirements of section 8201. (d) Administrative authorities The administrative authorities applicable to the Secretary of State with respect to funds made available under this Act shall also be applicable to the Secretary of the Treasury with respect to funds made available under this section. (e) Issuance of regulations The Secretary of the Treasury is authorized to issue such regulations with respect to personal service contractors as the Secretary determines necessary to carry out this section. (f) Rule of construction Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 )) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 )). (g) Termination of assistance The Secretary of the Treasury shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) if the Secretary of the Treasury, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner. (h) Definitions In this section: (1) International financial institution The term international financial institution means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa. (2) Technical assistance The term technical assistance includes— (A) the provision of expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1); (B) training in the partner country, the United States, or elsewhere for the purposes described in subsection (b)(1); (C) grants of goods, services, or funds to foreign governments and foreign central banks for the purposes described in subsection (b)(1); (D) grants to United States or local nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and (E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such officials. (3) Foreign participant The term foreign participant means a national of a partner country who has been designated to participate in activities under the program established under subsection (a). 2 Promoting food security 1201. Findings and statement of policy (a) Findings Congress finds the following: (1) Hunger robs the poor of a healthy and productive life and stunts the mental and physical development of the next generation. The persistence of widespread hunger and malnutrition constitutes an affront to shared moral values and humanitarian principles. (2) Food insecurity and chronic hunger are expanding rapidly in developing countries, forcing millions of people into poverty, contributing to political and social instability, eroding economic growth, and undermining investments in basic education, health, environmental protection, and democratic institutions. (3) Volatility and real increases in food prices, which are expected to grow as grain production fails to keep pace with rising demand, cause food insecurity and hunger for poor people even when sufficient food is available on the market. (4) The changing global climate, as well as the degradation of land and water resources, threatens food security, livelihoods and the environment worldwide but particularly for those already most vulnerable: the millions of rural poor in developing countries. (5) The pressures on world food supplies and agricultural land use caused by population growth, rapid urbanization, energy, agricultural and trade policies in industrialized countries, water scarcity, and climate change require a global commitment to sustainable agriculture and the environment. (6) Lack of transparent regulations, inconsistent and unpredictable public policies in developing and developed countries, and unreliable mechanisms to enforce contracts between businesses serve to undermine development goals, deter private investment, and limit the ability of agricultural producers and businesses to access capital. This situation reduces the incentives for agricultural producers to increase the quantity, quality, and value of their agricultural production. (7) Reducing chronic hunger is essential to build a foundation for investments in health, education and economic growth. It is critical to the security and productivity of individuals, families, communities, and nations. (8) Approximately three-quarters of people in developing countries live in rural areas, with the vast majority dependent on agriculture for their livelihoods. Agricultural development is a proven engine of growth that reduces global hunger and poverty. (9) Women will be a pivotal force behind achieving a food secure world. In many developing countries, farming is done mostly by women. However, women only own 2 percent of land worldwide and often have limited access to agriculture inputs, loans, and opportunities to learn about improved techniques. When gains in income are controlled by women, they are more likely to be spent on food and children’s needs, thus amplifying the benefits of investments in women across families and generations. (10) The 1,000 days between a woman’s pregnancy and her child’s second birthday offer a unique window of opportunity to help families, communities, and countries break the cycle of poverty. Solutions to improve maternal and child nutrition in the 1,000-day window are readily available, affordable, and cost-effective, including vitamins and minerals and good nutritional practices, such as breastfeeding. (11) A comprehensive approach to long-term food security should encompass improvements in— (A) food availability, such that sufficient quantities of appropriate, necessary types of food are consistently available to all persons; (B) food access, such that individuals have adequate incomes or other resources to consistently maintain an adequate diet, and food is allocated equitably within households; (C) food utilization and consumption, such that people have the knowledge and basic sanitary conditions to choose, store, prepare and distribute food in a way that results in good nutrition for all family members; (D) stability, such that the ability to access and utilize food remains stable and sustained over time, regardless of adverse weather conditions, political instability, or economic factors; and (E) food quality and safety, such that food supplies provide adequate nutritional value, are free of contamination, and are fit for human consumption. (12) The greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers, who constitute a majority of the agricultural producers in developing countries. (13) However, increasing the efficiency of agricultural producers alone will not result in higher incomes and reduced hunger unless surplus harvest and products can be sold in well-functioning local, national, regional, or international markets. Development of strong, integrated, local, national, and regional agriculture and food markets will increase the availability of safe and nutritious food, decrease local prices, and expand economic growth. (14) The United States should emphasize policies and programs that assist developing countries to increase their national food security by improving their food policies and management and by strengthening national food reserves, with particular concern for the needs of the poor, through measures encouraging domestic production. (15) The long-term food security of developing countries requires that adequate legal and procedural mechanisms are in place to protect local rights and the welfare of rural poor people who depend on agriculture for their livelihoods. (16) While the United States cannot be expected to shoulder the majority of global investments in ending hunger and providing food security, the United States can and should lead the international community by demonstrating a sustained commitment and a comprehensive approach to meeting international goals and targets for reducing hunger and undernutrition. (17) Partner countries should decide their needs, priorities, and strategies for agricultural development and food security through an open, participatory and inclusive process that takes into account the needs and views of poor people, women, and other marginalized groups. International efforts to improve food security and nutritional status are not sustainable over the long term without robust leadership and ownership by partner countries. (18) Nongovernmental organizations and cooperatives are particularly important for combating food insecurity and increasing the sustainability of public investments. Given their close ties to local communities, such organizations and cooperatives are often effective at ensuring that people who are very poor and vulnerable are consulted about and benefit from agricultural and nutrition programs. (19) Educational and research institutions play a key role in developing the institutional capacity and human resources of developing countries, including the establishment and strengthening of agricultural research and extension services, the development of networks for scientific collaboration, the dissemination of improved methods and technologies, and the training of students, teachers, researchers and practitioners. (20) With their convening authority and technical expertise, multilateral institutions play a central role in efforts to enhance food security by providing emergency assistance, undertaking research and analysis, offering a platform for sector-wide investments in agriculture, and providing a significant portion of the external financing for investment projects and programs in developing countries. They are important not only to mobilizing and coordinating donor country commitments, but also to promoting global mutual accountability among donors, partner countries and other stakeholders. (21) Public sector investments alone, while important, are not sufficient to sustainably reduce poverty and food insecurity. The private sector brings necessary financial resources, human capital, technological resources, intellectual property, market access, cutting-edge business practices, in-country networks, and other relevant experience. (b) Statement of policy It is the policy of the United States to recognize the human right to food and to work in cooperation with the international community to end hunger and achieve universal food security. 1202. Goal and objectives (a) Goal The goal of assistance under this chapter is to sustainably reduce global hunger. (b) Objectives In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Accelerating inclusive agriculture sector growth. (2) Improving nutritional status, especially of women and children and other vulnerable populations. (3) Increasing resilience in vulnerable rural communities. 1203. Global Strategy for Food Security (a) In general The strategy required under section 1019 with respect to food security shall be known as the Global Strategy for Food Security . (b) Contents The Global Strategy for Food Security shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1202. (c) Guidelines The Global Strategy for Food Security should— (1) address the root causes of hunger that limit the potential of millions of people; (2) reduce gender inequality and integrate gender concerns; (3) promote climate-resistant and environmentally sustainable agricultural development; (4) concentrate efforts and resources on core countries where the Rome Principles (as defined in section 1208) can best be realized; (5) be tailored to improving the nutritional status of women, infants and children, particularly during the 1,000 day critical window of opportunity between a woman’s pregnancy and her child’s second birthday, in which a set of proven nutrition interventions can dramatically improve the child’s chances of surviving and living a healthy and prosperous life; (6) invest in country-owned plans that are designed through an open, participatory, and inclusive process and support results-based programs and partnerships; (7) strengthen strategic coordination to mobilize and align the resources of diverse partners and stakeholders; (8) ensure a comprehensive approach that accelerates inclusive agricultural-led growth and improves nutrition, while also bridging humanitarian relief and sustainable development efforts; (9) leverage the benefits of multilateral institutions so that priorities and approaches are aligned, investments are coordinated, and financial and technical assistance gaps are filled; and (10) deliver on sustained and accountable commitments, using benchmarks and targets to measure progress toward shared goals, and hold the United States and other stakeholders publicly accountable for achieving results. 1204. Assistance for promoting food security (a) Authorization The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter. (b) Activities Assistance authorized under subsection (a) shall include— (1) sustainably improving agricultural productivity by— (A) increasing access to agricultural inputs, techniques, and technologies that are affordable and environmentally responsible; (B) developing inputs, techniques, and technologies that are adapted to local conditions; (C) expanding access to knowledge through agricultural extension; (D) strengthening property rights to land and other productive assets; (E) enhancing sustainability and resilience of production through sound environmental and natural resource management; (F) increasing access to dependable and affordable financial and risk management services; (G) strengthening agricultural producer organizations; and (H) strengthening regional harmonization and coordination; (2) expanding markets and trade by— (A) increasing the quality and availability of market information for producers and enterprise owners; (B) improving post-harvest market infrastructure; (C) improving access to business development and financial services; (D) enhancing animal, plant and food safety; (E) reducing the time and cost of moving goods across borders; (F) creating an enabling policy environment for agribusiness growth and private investment, including transparent regulations, consistent and predictable public policies, and reliable contract enforcement mechanisms; (G) expanding access to larger and better functioning regional markets; and (H) supporting regional development corridors; (3) raising nutritional status by— (A) supporting community-based programs to deliver nutrition education; (B) improving diet quality and diversity, including in food assistance programs; (C) expanding access to clean water and improved sanitation and promoting good hygiene practices; (D) expanding delivery of nutrition services; and (E) facilitating supplementary and therapeutic feeding; (4) increasing resilience in vulnerable rural communities by— (A) mitigating risks associated with drought, natural disasters, and disease; (B) promoting secure access to land and natural resources; (C) expanding access to financial services, training, and technical assistance for microenterprises and small businesses; (D) supporting effective delivery and implementation of productive safety nets and social protection systems; (E) building capacity to manage risk through early warning systems, vulnerability assessment and mapping, emergency response strategies, and micro-insurance; (F) increasing the benefits of local and regional food assistance procurement to smallholder farmers; and (G) adopting and delivering extension and financial services and improved technologies to very poor communities; and (5) supporting a participatory and inclusive process for determining needs, priorities, and strategies and holding stakeholders accountable for results by— (A) expanding and facilitating the inclusion of women, rural poor people, and other marginalized groups in decisionmaking; (B) building the capacity of the groups described in subparagraph (A) to participate effectively in decisionmaking; (C) developing and enforcing legal protections for the rights and welfare of the groups described in subparagraph (A); (D) setting meaningful benchmarks and selecting appropriate indicators for the chosen strategies; (E) improving the quality and availability in partner countries of relevant data and analysis; and (F) establishing and strengthening mechanisms for monitoring programs, measuring progress, evaluating outcomes, disseminating findings, and integrating best practices and lessons learned. 1205. Collaborative agricultural and nutrition research and innovation (a) Programs authorized The Administrator is authorized to use funds made available under this chapter for collaborative agricultural and nutrition research and innovation programs, including— (1) advancing the institutional capacity and human resources of developing countries, including the establishment and strengthening of national agricultural research and extension systems; (2) conducting long-term collaborative research support programs with institutions of higher education in developing countries, including the training of students, teachers, extension specialists, nutritionists, and researchers; (3) developing a global network for scientific collaboration on agricultural development, trade, research, and extension services; (4) broadly disseminating agricultural research in developing countries, in partnership with public and private extension systems, cooperatives, and other civil society organizations; (5) expanding learning opportunities about agriculture and nutrition for students, teachers, small-scale food producers, school administrators, community leaders, entrepreneurs, and the general public in developing countries through international internships and exchanges, graduate fellowships, faculty positions, and other means of education and extension, with a focus on reaching women food producers; (6) incentivizing the development of new and innovative technology and methods to increase agricultural productivity and improve nutritional status; (7) developing scalable and cost-effective programs for training the next generation of agricultural researchers and research administrators in partner countries; (8) advancing women’s leadership in science and technology through proactive recruitment, mentoring, and targeted research support; (9) formulating approaches to improving agricultural and nutrition education and extension that is relevant to agricultural producers, their needs, and the local environment; (10) creating platforms for improving national capacity to collect, develop, analyze, and disseminate agricultural, nutrition, and market data; and (11) developing mechanisms to hold research institutions accountable for delivering technologies to agricultural producers. (b) Research priorities In providing assistance for agricultural research under this section, the Administrator should give priority to research that— (1) is aimed at improving food security; (2) specifically addresses the nutritional needs of vulnerable populations; (3) is appropriate to local conditions and practices; (4) conserves the environment and natural resources and adapts to and mitigates the impacts of climate change; and (5) builds local capacity. 1206. Board for International Food and Agricultural Development (a) Establishment There is established a Board for International Food and Agricultural Development (hereafter in this section referred to as the Board ). The Board shall report to the Administrator. (b) Purpose The purpose of the Board is to advise and assist the Administrator regarding the design and administration of assistance under section 1205. (c) Duties The duties of the Board shall include— (1) participating in the formulation of criteria for program design and project selection; (2) evaluating the qualifications of interested institutions of higher education and the demonstrated commitment of such institutions to the purposes of this section; (3) recommending appropriate focus countries for programs carried out under this section; (4) assessing the impact of programs carried out under this section and making recommendations for improving the effectiveness of such programs; and (5) advising the Administrator on such issues as the Administrator may request. (d) Membership (1) Number and appointment The Board shall be composed of at least 7 members, of whom— (A) not less than four members shall be representatives of institutions of higher education; and (B) not less than three members shall be representatives of United States nongovernmental organizations or consortia of such organizations devoted to agricultural research, education, and development. (2) Terms (A) In general Subject to paragraph (2), the Administrator shall establish the term of membership for each member of the Board at the time of appointment. (B) Limitations A term of membership to the Board may not exceed two years and a member of the Board may serve not more than two consecutive terms during the tenure of an Administrator. (e) Chairperson and vice chairperson The Chairperson and Vice Chairperson of the Board shall be designated by the Administrator at the time of appointment to the Board. (f) Report (1) In general The Board shall submit to the Administrator on an annual basis a report that describes the activities of the Board during the preceding year and contains any other information that may be required by the Administrator. (2) Availability to public The Administrator shall make the report publicly available on the Internet website of the Agency. (g) Meetings The Board shall hold not less than 3 meetings each year. (h) Subordinate units The Board may create such subordinate units as may be appropriate for the performance of its duties. (i) Expenses The Administrator may, on a case-by-case basis as the Administrator determines appropriate, reimburse members of the Board for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business). 1207. Assistance to international and regional organizations The Administrator is authorized to use funds made available under this chapter to build the long-term capacity of international, regional, and sub-regional organizations engaged in agricultural research and development and food security activities, including— (1) the Food and Agricultural Organization; (2) the World Food Program; (3) the International Fund for Agricultural Development; (4) the Global Agriculture and Food Security Program; and (5) the Consultative Group on International Agricultural Research. 1208. Definitions In this chapter: (1) Food producers The term food producers includes farmers, pastoralists, fishers, and other persons who cultivate or harvest plants or raise animals (terrestrial or aquatic) for consumption. (2) Institutions of higher education The term institutions of higher education means— (A) those colleges or universities in each State, territory, or possession of the United States, or the District of Columbia, now receiving, or which may hereafter receive, benefits under the Act of July 2, 1862 (known as the First Morrill Act), or the Act of August 30, 1890 (known as the Second Morrill Act), which are commonly known as land-grant universities; (B) institutions now designated or which may hereafter be designated as sea-grant colleges under the Act of October 15, 1966 (known as the National Sea Grant College and Program Act), which are commonly known as sea-grant colleges; (C) Native American land-grant colleges as authorized under the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note); and (D) other United States colleges and universities which— (i) have demonstrable capacity in teaching, research, and extension (including outreach) activities in the agricultural sciences; and (ii) can contribute effectively to the advancement of the goal and objectives of this chapter. (3) Rome principles The term Rome Principles means the Rome Principles for Sustainable Food Security, endorsed by 193 countries at the 2009 World Summit on Food Security, which are as follows: (A) Invest in country-owned plans, aimed at channeling resources to well-designed and results-based programs and partnerships. (B) Foster strategic coordination at national, regional and global level to improve governance, promote better allocation of resources, avoid duplication of efforts and identify response-gaps. (C) Strive for a comprehensive twin-track approach to food security that consists of— (i) direct action to immediately tackle hunger for the most vulnerable, and (ii) medium- and long-term sustainable agricultural, food security, nutrition and rural development programs to eliminate the root causes of hunger and poverty, including through the progressive realization of the right to adequate food. (D) Ensure a strong role for the multilateral system by sustained improvements in efficiency, responsiveness, coordination and effectiveness of multilateral institutions. (E) Ensure sustained and substantial commitment by all partners to investment in agriculture and food security and nutrition, with provision of necessary resources in a timely and reliable fashion, aimed at multi-year plans and programs. 3 Advancing health 1301. Findings and statement of policy (a) Findings Congress finds the following: (1) Saving and enhancing lives through better health is a moral imperative that reflects fundamental humanitarian values. (2) Strategic investments in global health can spur progress in economic development, job creation, education, agricultural development, gender equity and political stability. (3) Because disease knows no national bounds and can breed hopelessness and despair, support for global health bolsters United States national security. Such support also builds constructive partnerships with other governments, with multilateral institutions, between public and private enterprises, and from people to people. (4) United States global health programs should prioritize the poorest and most vulnerable segments of the world’s population, including women, newborns and children, persons with disabilities, and marginalized communities, and should be designed with their participation wherever possible. (5) Research and innovation play a critical role in achieving health objectives worldwide, fostering the development and introduction of new and improved health products and practices and contributing to better policies. (6) For maximum effectiveness, global health programs must be closely integrated with efforts to advance nutrition, improve hygiene, and expand access to clean water, sanitation, and housing. (7) To make health investments sustainable over the long term, the United States should help build the capacity of— (A) governments of partner countries to plan and budget responsibly, allocate and disburse funds equitably, and provide reliable and cost-effective health care; and (B) civil society to participate in decisionmaking, carry out activities and monitor service delivery. (8) In order to provide for sustainable financing of health care, developing countries must create strong economies and stable tax bases. (9) By setting clear goals and targets and identifying appropriate resources, a comprehensive, multiyear global health strategy can help to ensure policy focus and consistency, promote program integration, strengthen transparency and accountability, build congressional and public support, and accelerate results. (10) Multilateral approaches offer a vital and necessary complement to bilateral programs. By pooling their resources and harmonizing priorities, the United States and multilateral organizations are better able to meet global challenges, mobilize effective leadership and extend the reach and impact of programs. (b) Statement of policy It is the policy of the United States to work in cooperation with the international community to save the greatest possible number of lives and to help countries develop their own capacity to improve the health of their own people. 1302. Goal and objectives (a) Goal The goal of assistance under this chapter is to achieve sustained improvements in health status and health systems in partner countries. (b) Objectives In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives, including by strengthening health systems: (1) Saving the lives of mothers and children. (2) Protecting communities from disease, both infectious and noncommunicable. (3) Creating an AIDS-free generation. (4) Preventing unintended pregnancies and improving reproductive health. 1303. Global health strategy (a) In general The strategy required under section 1019 with respect to advancing health shall be known as the Global Health Strategy . (b) Contents The Global Health Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1302. (c) Guidelines The Global Health Strategy should— (1) focus on women, girls, and gender equality; (2) encourage country ownership and invest in country-led plans; (3) build sustainability through health systems strengthening; (4) strengthen and leverage key multilateral organizations, global health partnerships and private sector engagement; (5) increase impact through strategic coordination and integration, including with efforts in related areas such as nutrition, water, sanitation, and hygiene; (6) promote learning and accountability through monitoring and evaluation; (7) accelerate results through research and innovation; (8) address the health-related challenges posed by climate change and other environmental trends; and (9) safeguard the rights and dignity of health workers and patients. 1304. Assistance for health (a) Authorization The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries. (b) Activities Assistance authorized under subsection (a) shall include— (1) supporting the development, implementation, monitoring and evaluation of a country’s national health strategy; (2) supporting the recruitment, training, management, retention, effectiveness and equitable distribution within each country of skilled health workers; (3) facilitating the development of partnerships and collaboration with educational and research institutions, private corporations, nongovernmental organizations, multilateral institutions and other donors, both public and private; (4) building the capacity of local nongovernmental organizations to participate effectively in the planning, implementation, monitoring and evaluation of health strategies and systems; (5) strengthening financial management, accounting, auditing and reporting systems; (6) establishing surveillance systems to detect, identify, and respond to emerging health threats, including monitoring the spread of disease among animal and plant populations; (7) identifying, preparing for and responding to health-related threats posed by climate change, pollution and other environmental factors; (8) improving the quality and availability of health facilities at the national and local level; (9) establishing and strengthening procurement and supply chain management systems to safely, efficiently, and equitably distribute medical and laboratory supplies; (10) supporting the development and implementation of national health information systems to securely track, compile and manage data, with appropriate privacy safeguards; (11) supporting evidence-based public health education initiatives that teach healthy habits and behaviors, increase health literacy, and encourage better utilization of the health system; (12) building government capacity to coordinate and harmonize the delivery of health services provided by various donors; (13) developing and improving laboratory research and testing capacity; and (14) promoting a legal, policy and regulatory framework conducive to the advancement of public health and sustainable health care financing. (c) Programs Assistance under this chapter includes programs— (1) for child survival and maternal health, as described in subchapter A; (2) to combat disease, as described in subchapter B; (3) for family planning and reproductive health, as described in subchapter C; and (4) for research, innovation and development of health technologies, products and practices to advance global health and the objectives of this chapter. 1305. Health principles and restrictions (a) Principles Funds made available to carry out this chapter shall be provided in accordance with the following principles: (1) Patients shall be provided with evidence-based, high-quality, courteous care that upholds internationally recognized human rights and protects human dignity. (2) Patients shall have their privacy respected and the confidentiality of their medical information protected to the maximum extent practicable, with free access to their own health records. (3) Patients shall be provided with accurate health information and quality care on an equitable basis, without discrimination of any kind, coercion or violence, and in a manner that prevents and reduces stigma. (4) Patients shall have the right to make their own decisions about their health, and shall be provided with relevant, current, medically accurate and understandable information concerning preventive health, diagnosis, all available treatments, and prognosis, including the risks and benefits of each treatment and any costs involved, except in emergency situations where the patient lacks decisionmaking capacity and the need for an intervention is urgent, or where there is an imminent risk to public health. (5) Patients and individuals participating in biomedical research and experimental treatments shall do so on a strictly voluntary basis, with valid informed consent processes in place, and shall be fully advised of potential risks and benefits. (b) Restrictions None of the funds made available to carry out this title may be used— (1) to coerce any person to undergo an abortion; (2) for the performance of involuntary sterilization as a method of family planning; or (3) to coerce any person to undergo sterilization. (c) Definitions In this section— (1) the term all available treatments means all treatments that are legally available in the partner country; and (2) the term patients includes the legal guardians of minors and persons who are incapacitated. A Child survival and maternal health 1311. Child survival The Administrator is authorized, notwithstanding any other provision of law except for this chapter, to use funds made available under this chapter for programs to reduce child mortality, including the following: (1) Increasing access to and utilization of appropriate interventions to treat life-threatening childhood illnesses, such as polio, measles, diarrhea, and respiratory infections. (2) Improving child and maternal nutrition, including the delivery of iron, folic acid, zinc, vitamin A, iodine, and other key micronutrients and macronutrients. (3) Preventing the spread of childhood disease and improving child nutrition by expanding access to clean water, improving sanitation, and promoting good hygiene practices. (4) Reducing household dangers, including exposure to environmental toxins and indoor smoke from cooking fires. (5) Strengthening early childhood development, including through early nutrition, parenting programs and early education. (6) Enhancing the quality, availability and sustainability of key child health interventions by improving health care systems, building local capacity, and promoting positive health policies. 1312. Maternal and newborn health The Administrator is authorized, notwithstanding any other provision of law except for this chapter, to use funds made available under this chapter for programs to reduce the mortality of, and improve the health of, mothers and newborns, including the following: (1) Strengthening preparation for childbirth through education, antenatal care, access to skilled birth attendants, preventing, detecting, and treating infections, and planning for transport. (2) Improving maternal and child nutritional status through dietary improvements, nutrition education and appropriate micronutrient interventions. (3) Actively discouraging, preventing and responding to harmful behaviors, such as gender-based violence, child marriage and female genital cutting. (4) Promoting safe delivery, birth spacing, and postpartum care, including recognition, referral, and treatment of maternal and newborn complications. (5) Promoting healthy practices such as breastfeeding, proper rest, good hygiene, and nutrition. (6) Preventing and responding to long-term disability as a result of pregnancy and birth, including obstetric fistula and anemia. (7) Improving long-term capacity and systems of local institutions to provide quality maternal health care. 1313. Assistance for orphans and other vulnerable children The Administrator is authorized to use funds made available under this chapter to provide basic care and services for orphans and other vulnerable children, including: (1) Enabling community-based organizations to provide basic care for orphans and other vulnerable children. (2) Providing school feeding, including the purchase of local or regional foodstuffs where appropriate. (3) Increasing primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure. (4) Providing employment training and related services for orphans and other vulnerable children who are of legal working age. (5) Protecting and promoting the legal and inheritance rights of orphans, other vulnerable children, and widows, and addressing discrimination they often face. (6) Providing culturally appropriate psychosocial support to orphans and other vulnerable children. (7) Treating orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies. (8) Improving the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment and provide permanent homes through family reunification, guardianship and adoptions, consistent with the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption. (9) Increasing access to adequate housing and reliable, safe drinking water, sanitation, and hygiene education and supplies. (10) Integrating gender to ensure the unique needs of girl and boy orphans and vulnerable children are met. B Combating disease 1321. Assistance to combat HIV/AIDS, tuberculosis, and malaria (a) Findings Congress finds that— (1) the global HIV/AIDS pandemic poses a humanitarian, economic and security crisis of unprecedented magnitude that requires urgent and sustained attention; (2) worldwide, women of childbearing age account for more than half of people living with HIV/AIDS; (3) tuberculosis is the leading killer of people with HIV/AIDS, and the spread of drug resistant tuberculosis presents a persistent public health threat to the United States; (4) malaria imposes an enormous burden on the social and economic development of poor countries, can be prevented through cost-effective means, and can be cured if promptly diagnosed and adequately treated; (5) the creation of the United States President’s Emergency Plan for AIDS Relief (PEPFAR) in 2003 was the largest commitment by any nation to combat a single disease, establishing and expanding the infrastructure necessary to deliver prevention, care, and treatment services in low-resource settings; (6) due to PEPFAR and multilateral initiatives such as the Global Fund to Fight AIDS, Tuberculosis and Malaria, significant strides have been made in preventing new cases of disease, treating affected persons, training health care workers, and educating families and communities; and (7) to be most sustainable and have the greatest positive impact, programs to combat HIV/AIDS, tuberculosis and malaria should be coordinated and integrated with other global health and health-related programs, including maternal and child health, family planning and reproductive health, nutrition, and water, sanitation, and hygiene. (b) Authorization The President is authorized to use funds made available under this chapter to— (1) carry out the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ), as amended by this Act, and other related laws, including the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 ( Public Law 110–293 ), the Global AIDS and Tuberculosis Relief Act of 2000 ( Public Law 106–264 ), and the International Malaria Control Act of 2000 ( Public Law 106–570 ); and (2) contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria and the GAVI Alliance. (c) Other laws superseded The President may exercise the authority of subsection (b) notwithstanding any other provision of law, except the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ), as amended by this Act. (d) Coordination Assistance provided under the authorities of this section or the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ) shall be coordinated with all other health-related programs under this chapter and chapter 6, and shall be included in the Global Health Strategy required under section 1303. 1322. Assistance to combat neglected tropical diseases (a) Findings Congress finds that— (1) more than 1,000,000,000 people worldwide suffer from one or more painful, debilitating tropical diseases, which disproportionately impact poor and rural populations, cause severe sickness and disability, compromise mental and physical development, contribute to childhood malnutrition, reduce school enrollment, and hinder economic productivity; (2) many of these neglected tropical diseases (NTDs) can be controlled and treated by providing safe and effective drug treatments, improving access to clean water and improved sanitation, and promoting good hygiene practices for individuals in affected communities; and (3) an integrated approach to controlling NTDs will address a root cause of poverty that affects a significant proportion of the world’s population. (b) Authorization The Administrator is authorized to use funds made available under this chapter for the prevention, treatment, control, and elimination of, and research on, neglected tropical diseases. 1323. Assistance for disease prevention, control, and treatment (a) Findings Congress finds that— (1) infectious diseases such as avian and pandemic influenza not only cause death and debilitating illness in the countries where new strains originate, but can quickly spread around the world; (2) the development and spread of antimicrobial resistance threatens to undermine global efforts to control tuberculosis and other bacterial diseases; (3) developing countries are undergoing a rapid epidemiological transition from infectious diseases such as diarrhea and pneumonia to noncommunicable diseases such as cardiovascular disease, cancer and diabetes, which threatens to overwhelm their strapped health systems and cripple their fragile economies; (4) mental health is an important but frequently overlooked or stigmatized aspect of health that requires effective and compassionate treatment and care; (5) improvement in the capacity of developing countries to obtain and use good quality data for surveillance and effective response to emerging health threats helps to protect the health of United States citizens as well as that of local populations; and (6) disease-focused interventions are most effective when they— (A) reflect an evidence-based approach; (B) are integrated across health programs through a common delivery platform; and (C) support increased collaboration and coordination among country-level stakeholders, including partner country governments, other public and private donors, and international and nongovernmental organizations. (b) Authorization The Administrator is authorized to use funds made available under this chapter to provide assistance for the prevention, treatment, control, and elimination of, and research on, infectious and noncommunicable diseases in partner countries. C Family planning and reproductive health 1331. Assistance for family planning and reproductive health (a) Findings Congress finds that— (1) reproductive health care is essential to reducing poverty, improving living standards and protecting human dignity; (2) throughout much of the world, the lack of access by women, particularly poor women, to reproductive health care contributes to death and suffering, limits women’s ability to make decisions that affect their lives, and undermines the efforts of families to lift themselves out of poverty; (3) access to reproductive health care, including voluntary family planning, has a direct and important impact on child mortality, especially infant mortality; (4) closely spaced and ill-timed pregnancies and births contribute to high infant mortality rates, and when mothers die as a result of giving birth, their surviving infants have a greater risk of mortality and poor health status; (5) in many developing countries where there are few hospitals, few doctors, and poor transportation systems, and where women are not highly valued, complications of labor often result in death of the mother; (6) lack of availability of emergency obstetric care, along with delays in seeking medical attention, in reaching a medical facility, and in receiving medical care once arriving at a facility, contribute to the development of obstetric fistula, increasing the risk of death for both mother and child; (7) voluntary family planning allows women and couples to freely choose the number, timing and spacing of pregnancies, giving families and individuals greater control over their lives; (8) young people are particularly at risk of engaging in unsafe sexual practices, and should be provided with clear and evidence-based information to help them make informed decisions about their sexual and reproductive health and human rights, including their right to be free from all forms of violence, coercion and discrimination; (9) practices such as child marriage and female genital cutting can harm the health of young people and deprive them of their dignity and human rights. Reproductive health care can play an important role in educating people about the dangers of these practices, and is often the entry point for identification of gender-based violence and sexual abuse; (10) integrating reproductive health care, including voluntary family planning, with HIV prevention programs is critical to combating HIV/AIDS, and can assist in decreasing the stigma associated with a seropositive HIV status; (11) integration of reproductive health care with other health-care and related social services increases the effectiveness and efficiency of the health system and meets people’s needs for accessible, acceptable, convenient, client-centered care; (12) international goals and targets for reducing poverty and improving maternal health require a significant investment in family planning and reproductive health care; (13) international partnerships are required to provide adequate financing for family planning and reproductive health care; (14) cooperating with multilateral and bilateral donors and the private sector can make commodities such as antiretrovirals, maternal health equipment, and contraceptive supplies more accessible for hard-to-reach populations; and (15) by investing in reproductive health care, including voluntary family planning, the United States can improve maternal and child health, lower HIV infection rates, reduce poverty and hunger, advance girls’ education, promote gender equality, broaden civic participation in the development process, and slow the depletion of natural resources. (b) Authorization The Administrator is authorized to use funds made available under this chapter for reproductive health care programs, including voluntary family planning, in partner countries. 1332. Reproductive health care in emergencies The Administrator is authorized to use funds made available under this subchapter and under subtitle B for programs to provide reproductive health care during humanitarian emergencies and complex crises, including: (1) Life-saving priority activities set out in the Sphere Project’s Humanitarian Charter and Minimum Standards in Disaster Response. (2) Preventing sexual violence and providing medical care and psychosocial services to survivors of sexual violence. (3) Voluntary family planning for the duration of displacement. 4 Expanding quality education 1401. Findings and statement of policy (a) Findings Congress finds the following: (1) Education is a basic human right, indispensable for human capacity development and poverty eradication. (2) Basic education is fundamental to development. No country has reached sustained economic growth without achieving near universal primary education. (3) Quality education reduces poverty and inequity, lays the foundation for sound governance, civic participation, and strong institutions, and equips people with the knowledge, skills, and self-reliance they need to increase income and expand opportunities for employment. (4) While developing countries bear the ultimate responsibility for educating their children, the United States and others donors can and should do more to help developing countries address their education needs. (5) Investing in girls’ education delivers substantial returns not only in educational attainment but also in increasing women’s and household incomes, delaying the start of sexual activity, reducing infant mortality, increasing women’s political participation, spurring economic growth, and delaying marriage. (6) Lack of access to adequate housing, safe drinking water close to home, and to private latrines near home and at school significantly impact girls’ attendance and retention at school. (7) Education can help to protect children in conflict situations from physical harm, exploitation, and sexual abuse, as well as to avoid the recruitment of children into armed groups and gangs. (8) The large number of children who are not enrolled in school or who receive a poor quality education not only results in a loss of human potential, but undermines stability and progress within communities and across nations. (9) Expanded access to primary and secondary education will increase the need for qualified teachers, and the demand for quality colleges and universities. (10) Exchange programs which bring citizens of developing countries to the United States for training, while helpful in expanding individual opportunities for growth, will not by themselves reach enough students and scholars to have a transformational effect on the economies and human resources of developing countries. (11) Partnerships between educational institutions in the United States and developing countries are an important means for sharing knowledge, experience and lessons learned for the benefit of all students. (12) Resources to expand global education will be most effective and efficient if they are transparent, increase coordination among governments, private sector and civil society, support national plans and hold all stakeholders accountable. (b) Statement of policy It is the policy of the United States to work in cooperation with the international community to achieve quality universal basic education. 1402. Goal and objectives (a) Goal The goal of assistance under this chapter is to increase access to quality education in partner countries. (b) Objectives In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Expanding access to basic education for all children, particularly marginalized and vulnerable groups. (2) Improving the quality of basic education. (3) Raising adult literacy, especially for women. (4) Reducing gender disparities in primary and secondary education. (5) Strengthening higher education partnerships and networks. 1403. Global education strategy (a) In general The strategy required under section 1019 with respect to expanding education shall be known as the Global Education Strategy . (b) Contents The Global Education Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1402. (c) Guidelines The Global Education Strategy should— (1) contribute to meeting internationally agreed education goals and targets; (2) be directly responsive to partner country needs, capacity, and commitment, strengthen partner countries’ educational systems, and be coordinated, where possible, with national education plans; (3) pay particular attention to expanding educational opportunities for marginalized and vulnerable groups, including girls, children affected by or emerging from armed conflict or humanitarian crises, disabled children, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers, and victims of trafficking; (4) identify ways to reduce the adverse impact of HIV/AIDS on education systems; (5) address the challenges posed by large numbers of out-of-school, unemployed youth; (6) encourage and integrate contributions of strategic direction and financial resources from local and international private sector and civil society organizations, including organizations that represent teachers, students, and parents, interested in supporting quality universal basic education efforts; (7) outline plans for ensuring a transition and continuity of educational activities in countries affected by or emerging from armed conflict or humanitarian crises; (8) expand public-private partnerships in order to leverage resources; (9) promote gender equity and improve educational opportunities for women and girls, and strive to ensure safe schools, equal access, workforce opportunities, leadership role development, and the preservation of dignity and respect; (10) explain how basic education, higher education, vocational and technical education, literacy instruction, and other formal and nonformal training will be integrated with other activities under this title; and (11) address the problem of financing education. 1404. Basic education assistance (a) Authorization The Administrator is authorized to use funds made available under section 1015 for basic education in accordance with the goal and objectives of this chapter. (b) Activities Assistance authorized under subsection (a) shall include— (1) increasing the supply of trained quality teachers, and building systems for the continuing support, training and professional development of all educators; (2) developing and implementing effective, relevant curricula; (3) building the institutional capacity of a country to manage basic education systems and measure results; (4) increasing parent and community involvement in schools; (5) providing learning materials; (6) working with communities to achieve equity in schools and address gender norms to build support for girls’ education; (7) promoting the development and effective use of systems for data collection, monitoring and evaluation of student-learning outcomes; (8) improving and expanding educational infrastructure; (9) reducing or eliminating fees for tuition, uniforms and school materials, as well as other barriers to school attendance, for poor and marginalized children; (10) improving young children’s capacity to learn through early childhood development programs; (11) supporting interventions that increase school attendance and performance, such as scholarships, school lunch, school health, and water and sanitation programs; (12) ensuring that schools are not incubators for violent extremism; (13) providing life skills training and civic education, including on human rights, gender equity, and conflict resolution; (14) making schools safe and secure places for learning, free of violence, harassment, exploitation, or intimidation; (15) increasing access to education, improving learning outcomes and increasing educational opportunities for the most disadvantaged populations; (16) ensuring continuation or reestablishment of educational programs and the provision of safe spaces for children in areas of armed conflict or humanitarian crisis; (17) increasing the relevance of formal education systems to the needs of the poor and to disaffected youth, through reform of curricula, teaching materials, and teaching methods, and improved teacher training; (18) expanding vocational and entrepreneurship skills and opportunities, especially for out-of-school youth, in close linkage with the private sector and in response to market needs; (19) supporting multilateral coordination and financing initiatives for education; and (20) promoting the value of education and increasing community and family awareness of the positive impact of education. (c) Definition In this chapter, the term basic education means an education, generally consisting of completion of 9–10 years of schooling, including efforts to improve early childhood development, primary education, secondary education, literacy and numeracy training, and life-skills training that prepares an individual to be an active, productive member of society and the workforce. 1405. Higher education partnerships (a) Findings Congress finds that— (1) basic and higher education are interrelated and together play a critical role in reducing poverty, promoting economic growth, strengthening democracy, stemming corruption, alleviating ethnic tensions, and enhancing stability; (2) higher education institutions foster critical thinking, scientific discovery, entrepreneurship and innovation in local communities as well as at the national and international level; (3) higher education is essential for developing human capacity to create the next generation of political, professional and business leadership, build an effective and accountable civil service, improve the quality and availability of social services, and strengthen the rule of law; (4) partnerships between institutions of higher education in the United States and developing countries can— (A) increase the quality and availability of, and access to, higher education for secondary school graduates; (B) support the professional development of faculty and staff, strengthen institutional and financial management, and streamline administrative procedures; (C) expand course offerings, academic resources and research opportunities for students and faculty; (D) foster continuing professional relationships that build international understanding and collaboration; and (E) facilitate the sharing of knowledge, the identification of common research interests and challenges, and the resolution of complex problems; and (5) partnerships between businesses and higher education institutions in developing countries can help to meet the significant and growing demand for business professionals within both the private and public sectors in developing countries. (b) Statement of policy It is the policy of the United States to encourage the expansion and strengthening of higher education in developing countries, through partnerships with educational institutions, businesses, and nonprofit organizations in the United States. (c) Authorization The Administrator is authorized to use assistance made available under this chapter to expand and strengthen institutions of higher education in developing countries through partnerships with— (1) institutions of higher education in the United States; (2) businesses in the United States; (3) nonprofit organizations with experience in the areas of academic institution-building and entrepreneurial and managerial development; and (4) international organizations. (d) Activities Assistance provided under subsection (c) shall include— (1) building the capacity of higher education institutions in partner countries; (2) developing academic programs and centers of excellence in areas critical to the partner country’s economic development; and (3) improving the quality and availability of, and access to, higher education for students in partner countries. 5 Protecting and restoring the natural environment 1501. Findings and statement of policy (a) Findings Congress finds the following: (1) Sound natural resource management, healthy levels of species diversity, and functioning natural ecosystems are vital to sustainably reducing poverty in developing countries. (2) Natural ecosystems, when properly managed, provide economic value to local communities in the form of water, food, medicine, energy, household products, tourism and trade, as well as contributing to the global common good. (3) Nature provides important services for human well-being. For example, forests, floodplains, and wetlands are a natural bulwark against catastrophic flooding and severe drought, and coral reefs and mangroves reduce the impact of large storms on coastal populations, thereby reducing damages from extreme weather and the need for disaster assistance. (4) Natural ecosystems serve as a buffer between wildlife and human populations, minimizing the transmission of highly infectious diseases from animals to people. (5) Many of the most commonly prescribed medicines in the United States are derived directly from natural compounds or patterned after them. The preservation of natural areas and wild species offers the world a rich source of potential cures and treatments for disease and pain. (6) The survival of many animal and plant species is endangered by poaching and excessive harvesting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. (7) Degradation of land and water resources impedes efforts to improve agricultural productivity, which will be critical to feeding the world’s growing population and is a key engine of economic growth in developing countries. (8) The construction of dams and expansion in biofuel production in developing countries without the necessary environmental safeguards or consultation with the local populations threatens the sustainability of aquatic ecosystems and the services they provide for purifying, storing, and delivering water. (9) The continuing and accelerating alteration, destruction, and loss of forests and other natural habitats in developing countries can result in— (A) shortages of fuel; (B) loss of biologically productive wetlands; (C) siltation of lakes, reservoirs, and irrigation systems; (D) floods, soil erosion and landslides; (E) decimation and dislocation of indigenous peoples; (F) extinction of plant and animal species; (G) reduced capacity for food production; (H) loss of genetic resources; (I) desertification; (J) increased greenhouse gas emissions; and (K) destabilization of the earth’s climate. (10) Women often are especially vulnerable to the impact of natural resource degradation and climate change because they produce most of the food and collect most of the water and firewood in many countries. (11) Mismanagement and unregulated exploitation of natural resources has fueled conflict and corruption in many developing countries. (12) Illicit trade in natural resources not only robs poor countries of valuable economic and environmental resources, but often perpetrates political instability and human rights abuses, including sexual violence and the use of children as soldiers, bonded labor and sex slaves. (13) Illegal logging, fishing, and mining in developing countries flood the international market with low-cost products that undercut the competitiveness of responsible companies in the United States. (14) Economic growth generally raises energy consumption, and often results in increased emissions of greenhouse gases as well as greater pollution of air, land, and water. (15) If current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. (16) Animals, including livestock, companion animals, and wildlife, are important to human economic, environmental, and social development as well as to human quality of life. Animals and the people who depend upon them in developing countries will be particularly vulnerable to climate-related natural disasters unless adaptation and mitigation measures are utilized. (17) The world faces enormous, urgent, and complex challenges in conserving and protecting natural resources while fostering economic development, requiring extensive and sustained cooperation between the United States, developing countries and the international community as a whole. (b) Statement of policy It is the policy of the United States to work in cooperation with the international community to reduce biodiversity loss and the degradation of natural ecosystems, adapt to and mitigate climate change, and integrate principles of environmental sustainability into policies and programs for international development. 1502. Goal and objectives (a) Goal The goal of assistance under this chapter is to help partner countries maximize the environmental sustainability of their development policies and programs. (b) Objectives In furtherance of the goal described in subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Protecting and restoring natural ecosystems. (2) Conserving biological diversity. (3) Mitigating and adapting to climate change. (4) Reducing pollution of air, land and water. (5) Increasing energy efficiency. (6) Expanding access to clean, renewable energy sources and technologies. (7) Building capacity for sound natural resource management. (c) Implementation Assistance under this chapter should be implemented in a manner that— (1) incorporates and aligns with partner country strategies, plans and priorities; (2) gives due regard to the rights and interests of local and forest-dependent communities, indigenous peoples, and marginalized and vulnerable social groups, and ensures their full and effective participation in all stages of program planning, implementation, and evaluation; and (3) promotes and integrates women’s empowerment and gender equality. 1503. Global conservation strategy (a) In general The strategy required under section 1019 with respect to protecting and restoring the natural environment shall be known as the Global Conservation Strategy . (b) Contents The Global Conservation Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1502. (c) Guidelines The Global Conservation Strategy should— (1) establish priority countries, regions or natural ecosystems for reducing environmental degradation; (2) identify the economic, health, and conflict-prevention benefits to be achieved through implementation of the strategy; (3) establish policy guidance to link investments in specific conservation programs to the broader goals of reducing poverty and alleviating human suffering, and to integrate environmental goals into country-based and sector-based strategies; (4) identify and improve United States policies that affect the conservation of critical natural resources and biodiversity abroad; (5) seek to encourage and leverage participation from the private sector, other donor governments, governments of developing countries, international financial institutions, and other international organizations to implement the strategy; (6) address the anticipated effects of climate change on highly vulnerable communities and populations and on the achievement of key objectives; and (7) include a review of all executive orders and regulations that may have an impact on the strategy. 1504. Assistance for environmental sustainability (a) Authorization The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries. (b) Activities Assistance provided under subsection (a) shall include the following: (1) Protecting and restoring natural ecosystems (A) Conserving, sustainably managing, and restoring natural ecosystems. (B) Establishing, restoring, protecting, and maintaining protected areas, parks and reserves. (C) Developing and improving governance structures, resource rights and responsibilities, and land use planning to reduce degradation, destruction, and illegal use of natural ecosystems. (D) Reducing greenhouse gas emissions from land use and land-use change, the destruction of wetlands and peatlands and forestry, including deforestation and forest degradation and enhancement of forest carbon stocks. (E) Studying and assessing the economic value of natural ecosystems and their contributions to addressing poverty-related issues. (F) Developing alternatives and disincentives to destructive farming, fishing, and forestry practices. (2) Conserving biological diversity (A) Protecting and maintaining wildlife and plant habitats, both land and sea. (B) Developing sound wildlife management and plant conservation policies and programs at the local, national, and international levels. (C) Identifying, studying, and cataloging animal and plant species. (D) Establishing effective policies and regulations to reduce loss of biological diversity. (E) Enacting and enforcing anti-poaching measures, including through alternative livelihood opportunities. (F) Educating local communities, including civil society organizations, governments and intermediate representative institutions, about the importance and benefits of conserving biological diversity. (3) Mitigating and adapting to climate change (A) Researching and assessing climatological and socioeconomic factors to identify and prioritize vulnerable populations and natural ecosystems and likely impacts. (B) Developing national and regional climate change adaptation and mitigation plans. (C) Planning, financing and implementing adaptation programs and activities. (D) Increasing resilience to and preparedness for climate change and its impacts among highly vulnerable communities and populations, including through capacity building. (E) Supporting the identification and adoption of appropriate renewable and efficient energy technologies. (4) Reducing pollution of air, land and water (A) Monitoring, regulating, and mitigating pollutants to air, land and water. (B) Designing, promoting and utilizing clean technologies and practices. (C) Increasing the quality, quantity, and transparency of data regarding the monitoring, regulation and mitigation of pollutants. (D) Developing public awareness campaigns and promoting civic participation in environmental stewardship. 1505. Assistance for sustainable energy and natural resource management (a) Findings Congress finds the following: (1) Access to energy is essential for economic growth, public health, clean water, sanitation, transportation, communication, agricultural activities, and the overall progress of developing countries. (2) Many developing countries lack access to the financial resources and technology necessary to locate, explore, and develop indigenous natural resources. (3) Black carbon contributes to pollution, health concerns, and significantly warms the Earth’s climate system by absorbing radiation, converting it into heat, and releasing heat energy into the atmosphere. (4) Clean, efficient and renewable energy sources are vital to sustain economic growth and protect human health. (5) Energy must be accessible to the poor in order to ensure that basic human needs are met. (6) Title V of the Nuclear Non-Proliferation Act of 1978 ( 22 U.S.C. 3261 et seq. ) requires the United States to work with developing countries in assessing and finding ways to meet their energy needs through alternatives to nuclear energy that are consistent with economic factors, material resources, and environmental protection. (7) Proper management of natural resources can provide the basis for sustainable development while the mismanagement and unregulated exploitation of natural resources has fueled conflict and corruption in many countries around the world. (b) Authorization The Administrator is authorized to use funds made available under this chapter for programs to promote clean energy technologies, responsible stewardship of natural resources, and reliable access by the poor to energy. (c) Activities Assistance authorized under subsection (b) shall include the following: (1) Increasing energy efficiency (A) Development of sound national energy and electricity plans. (B) Improving the efficiency of electricity transmission, distribution, and consumption. (C) Building local capacity to monitor and regulate the energy sector. (2) Expanding access to clean, renewable energy sources and technologies (A) Improving the availability of renewable electricity generation from wind, solar, sustainably and locally produced biomass, geothermal, marine, or hydrokinetic sources. (B) Expanding the deployment of low or zero emission technologies. (C) Increasing access to clean energy technologies, especially in rural areas. (D) Improving transportation system and vehicle efficiency. (E) Reducing black carbon emissions, including through the use of clean cookstoves. (F) Building local capacity to operate, maintain and improve clean energy technologies. (G) Mitigating the impacts of energy alternatives on natural resources and natural ecosystems (3) Building capacity for sound natural resource management (A) Enhancing the transparency of revenues generated from natural resource extraction. (B) Improving the security of land tenure and property rights, especially for marginalized groups. (C) Building local capacity to assess, monitor, and regulate access to natural resources and to evaluate the social and environmental effects of extraction. (D) Improving local capacity to assess the value of environmental services. 1506. Environmental restrictions (a) Restriction Assistance authorized under this subtitle shall not be provided for programs, projects, and activities that— (1) introduce invasive and nonnative plant species; (2) cause the destruction or degradation of existing natural ecosystems, natural parks, or similar protected areas; (3) result in or cause a loss of biological diversity or adversely impact rare, threatened, or endangered plant and animal species; (4) involve destructive farming, fishing, and forest harvesting practices such as slash and burn agriculture; or (5) provide for the construction of dams or other water control structures that flood natural ecosystems. (b) Waiver The Administrator may waive the restrictions contained in subsection (a) if the Administrator determines and reports to the appropriate congressional committees that— (1) the proposed program, project, or activity is vital to improving the livelihoods of the rural poor; (2) the proposed program will be conducted in an environmentally sound manner that supports sustainable development; and (3) appropriate mitigation activities will be undertaken. 1507. Environmental impact statements and assessments (a) In general In implementing programs, projects, and activities under this subtitle, the Administrator shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. (b) Required statements and assessments Subject to such procedures as the Administrator considers appropriate, the Administrator shall require that all agencies and officials responsible for programs, projects, and activities under this subtitle prepare and take fully into account— (1) an environmental impact statement for any proposed program, project, or activity significantly affecting the environment of the global commons outside the jurisdiction of any country, the environment of the United States, or other aspects of the environment which the Administrator may specify; and (2) an environmental assessment of any proposed program, project, or activity significantly affecting the environment of any foreign country. (c) Matters To be included Environmental impact statements and environmental assessments undertaken pursuant to subsection (b) shall include— (1) recommendations for possible alternatives and mitigation measures; (2) an estimate of greenhouse gas emissions attributable to the program, project, or activity; and (3) a special review of any project that will emit more than 100,000 tons of carbon dioxide. (d) Local technical resources Environmental impact statements and environmental assessments undertaken pursuant to paragraph (b) should, to the maximum extent feasible, use local technical resources. (e) Exceptions The Administrator may establish exceptions from the requirements of this section for emergency conditions and for cases in which the Administrator determines that compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States. (f) Public availability (1) In the united states All environmental impact statements and environmental assessments shall be published on the Internet website of the Agency not later than 30 days following their completion, and may be accompanied by the Agency’s response to the findings therein. (2) In affected countries To the extent feasible, all environmental assessments shall be translated into the local language(s) of the affected communities and made available to the partner government, local and international nongovernmental organizations, and affected communities. 1508. Definitions In this chapter: (1) Natural ecosystem The term natural ecosystem means a dynamic set of living organisms, including plants, animals, and microorganisms interacting among themselves and with the environment in which they live, and includes tropical forests, freshwater, coastal, estuarian and fisheries habitats, coral reefs, natural grasslands, and mangrove forests. (2) Greenhouse gas The term greenhouse gas means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons emitted from a chemical manufacturing process at an industrial stationary source, any perfluorocarbon, nitrogen trifluoride, any other anthropogenic gas designated as a greenhouse gas by the Administrator for purposes of this chapter. (3) Highly vulnerable communities and populations The term highly vulnerable communities and populations means communities and populations that are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts, including impoverished communities, children, women, and indigenous peoples. (4) Most vulnerable developing countries The term most vulnerable developing countries means, as determined by the Administrator, developing countries that are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts, considering the approaches included in any international treaties and agreements. 6 Improving access to safe water, sanitation, and housing 1601. Findings and statement of policy (a) Findings Congress finds the following: (1) Clean water and sanitation are among the most powerful drivers for human development. They extend opportunity, enhance dignity, and help create a virtuous cycle of improving health and rising wealth. (2) Unsafe drinking water, inadequate sanitation, and unsuitable and unhygienic living conditions exact an enormous toll on human health in developing countries, particularly for infants and children. (3) Diseases linked to unsafe water and poor sanitation, as well as the time and energy women often devote to collecting water, significantly reduce economic productivity in less developed countries and promote lifecycles of disadvantage. (4) Water scarcity has negative consequences for agricultural productivity and food security, and seriously threatens international ability to increase food production at the rate required to meet the needs of the world’s growing population. (5) The underlying cause of water scarcity in the large majority of cases is institutional and political, and requires sustainable and effective water resource management. (6) Demand for water resources has contributed to armed conflict in many parts of the world, while conflict and civil strife often reduce access to clean water and sanitation for displaced persons and other innocent victims. (7) The continued degradation of watersheds threatens the benefits that healthy natural systems provide, and on which people rely. (8) The effects of climate change are expected to produce severe consequences for water availability and resource management in many developing countries, which could result in severe and chronic water shortages. (9) Unsuitable and unhygienic living conditions can exact a heavy toll on human health and productivity. Adequate housing is often a precondition for the enjoyment of various civic and human rights, including the rights to work, vote, obtain education, receive health care, and access other social services. (10) Rapid urbanization and future population growth are expected to exacerbate already limited access to water, as well as to adequate housing. (11) Approximately half the world’s population lives in cities, often in slums characterized by unsafe water, poor sanitation, lack of basic services, overcrowding, inferior construction and insecure tenure. Because slum populations are growing rapidly, they require increased attention and better integrated programming. (12) Inadequate laws, policies and enforcement mechanisms to protect real property use, lease, and ownership rights often subject slum dwellers to arbitrary, often supra-market rents, forced evictions, threats, and harassment. (13) Insecurity of tenure severely inhibits economic development by undermining investment incentives and constraining the growth of credit markets, imperils the ability of families to achieve sustainable livelihoods and assured access to housing, and often contributes to conflict over property rights. (14) Women are affected disproportionately by forced evictions and insecure tenure as a result of gender discrimination, often including gender-biased laws that define women as legal minors or otherwise prevent them from owning or leasing land, property, and housing, making them more vulnerable to poverty, violence, and sexual abuse. (15) Expanding access to clean water, sanitation, and housing is essential for reducing the global burden of disease, advancing economic and social development, protecting basic human rights, and mitigating sources of conflict. (b) Statement of policy It is the policy of the United States to recognize the human right to water and adequate housing, and to work in cooperation with the international community to ensure access to safe water, sanitation and adequate housing for all people. 1602. Goal and objectives (a) Goal The goal of assistance under this chapter is to improve living conditions and basic human dignity for the world’s poorest people. (b) Objectives In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Expanding access to sufficient, safe, and affordable water for personal and domestic use. (2) Upgrading and expanding basic sanitation. (3) Increasing access to adequate housing. (4) Improving the management of water and related resources for greater sustainability. (5) Enhancing planning for sustainable urban development. 1603. Global strategy for water, sanitation and housing (a) In general The strategy required under section 1019 with respect to improving access to safe water, sanitation, and housing shall be known as the Global Water, Sanitation and Housing Strategy . (b) Contents The Global Water, Sanitation and Housing Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1602. (c) Guidelines The Global Water, Sanitation and Housing Strategy should— (1) include targets for providing, on a sustainable basis, first-time access to safe water, basic sanitation, and adequate housing; (2) prioritize improvements for the poorest people living under the most inadequate conditions; (3) explain how policies and programs relating to water, sanitation and housing will be integrated with other policies and programs under this title; (4) explain how programs and policies under the strategy will contribute to meeting internationally agreed targets relating to access to safe drinking water and basic sanitation and improving the lives of slum dwellers; (5) maximize efficiency in water use and sustainability of water supplies; (6) identify and promote best practices for mobilizing and leveraging public-private partnerships; (7) address the effects of climate change on achieving the goal of this chapter; (8) evaluate the impact of urbanization and general migration trends on water, sanitation, and housing; (9) utilize expertise within the United States Government by improving policy and program coordination among relevant Federal agencies, including the Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the Centers for Disease Control and Prevention, the National Oceanic and Atmospheric Administration, the United States Geological Survey, and the Environmental Protection Agency; and (10) strengthen strategic coordination with, build on the expertise of, and encourage contributions from, a wide variety of stakeholders, including partner governments, the private sector and nongovernmental organizations. 1604. Assistance for water, sanitation and housing (a) Authorization The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries. (b) Activities Assistance authorized under subsection (a) shall include the following: (1) Expanding access to clean water and sanitation (A) Assessing water, sanitation, and hygiene needs. (B) Developing additional, affordable, accessible, and reliable water supplies. (C) Expanding the coverage of existing water and sanitation systems to reach previously underserved populations. (D) Improving water and sanitation infrastructure. (E) Increasing the safety, reliability, and sustainability of, and equity in access to, water supplies, sanitation infrastructure, and hygiene services. (F) Promoting more efficient and sustainable use of water supplies. (G) Fostering integrated river basin and watershed management. (H) Increasing awareness and use of healthy hygiene practices. (I) Building the capacity of partner countries to plan and manage water resources in an efficient, transparent, inclusive and environmentally sustainable manner. (J) Promoting international and regional cooperation to share technologies and best practices. (K) Mitigating conflict over water resources. (L) Conducting research and developing technology to further the goal and objectives of this chapter. (2) Expanding access to adequate housing (A) Assessing housing and infrastructure needs. (B) Upgrading existing housing to meet international humanitarian standards. (C) Incentivizing the construction of affordable housing units. (D) Improving community infrastructure, such as sidewalks, drainage ditches, and public lighting. (E) Enhancing recognition and protection of legal rights to the ownership, lease and use of real property. (F) Reducing gender and other discrimination in housing, property ownership, and municipal services. (G) Developing and enforcing reasonable housing and construction codes to protect low-income residents and buyers. (H) Encouraging the development and expansion of commercially oriented housing markets in partner countries, including home mortgage and insurance markets and financing for municipal infrastructure. (I) Building the capacity of partner countries for improved urban planning and management. 1605. Definitions In this chapter— (1) the term adequate housing means housing that meets international humanitarian standards and includes— (A) legal security of tenure; (B) availability of services, materials, facilities, and infrastructure; (C) affordability; (D) habitability; (E) accessibility; (F) location; and (G) cultural adequacy; and (2) the term living conditions means the adequacy of water, sanitation, and housing for human habitation. 7 Fostering gender equality 1701. Findings and statement of policy (a) Findings Congress finds the following: (1) Women and girls are the majority of the world’s poor, unschooled, unhealthy, and underfed. (2) Women around the world often work under substandard conditions, for longer hours, and with lower compensation, less income stability and fewer economic opportunities than men. (3) Women are often excluded by law or practice from participating fully and equally in the political, economic, and social life of their country. (4) Women own significantly less land than men and experience numerous barriers to ownership. Access to land and property rights offers women greater economic opportunity and security, greater protection from physical harm, better access to health, education, and financial services, and improved social status. (5) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters are at extreme risk of violence, exploitation and intimidation. (6) Violence against women dramatically impedes progress in meeting global health goals, including efforts to reduce maternal mortality and reverse the spread of HIV/AIDS. (7) Ensuring that women have the ability to effectively plan families is one of the keys to expanding their economic opportunities. Yet hundreds of millions of women lack access to affordable, effective, and appropriate contraceptive methods and reproductive health care, putting them at greater risk of unintended pregnancies and serious health complications. (8) Studies have shown that investments in women and girls have broad multiplier effects, particularly in the areas of health and education, which over the long run can significantly improve the future of communities and countries. (9) Investments in women and girls can play a key role in reducing poverty, countering violent extremism, promoting stability, fostering tolerance and reconciliation, and building strong and vibrant civil societies. (10) Increasing women’s access to economic opportunities is crucial to preventing and responding to domestic and sexual violence. (11) Fostering gender equality requires strengthening rules, practices, and institutions that protect the rights of women and men, girls and boys, as well as including them in the design, implementation, and monitoring of programs to reduce poverty and alleviate human suffering. (b) Statement of policy It is the policy of the United States to— (1) invest in women and girls in partner countries as a matter of justice and human rights as well as to promote sustainable development and achieve internationally agreed development goals; (2) include women and the organizations that represent them in the design, implementation, and monitoring of programs under this title; (3) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on women and girls, men and boys; and (4) promote equal opportunities for all people, regardless of sex, to achieve their personal potential and maximize their contributions to the development of their families, communities, and countries. 1702. Goal and objectives (a) Goal The goal of assistance under this chapter is to promote women’s empowerment, gender equality, and gender integration. (b) Objectives In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Increasing educational, economic, and political opportunities for women and girls. (2) Building the capacity of women and girls to participate fully in decisions that affect their lives. (3) Reducing legal and social barriers to women’s participation in economic activity and political processes. (4) Expanding the collection of sex-disaggregated data and the use of gender analysis. (5) Integrating gender considerations into all international development policies and programs, including those carried out by all USAID bureaus, offices, and missions. 1703. Global strategy for gender equality (a) In general The strategy required under section 1019 with respect to fostering gender equality shall be known as the Global Strategy for Gender Equality . (b) Contents The Global Strategy for Gender Equality shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives in section 1702. (c) Guidelines The Global Strategy for Gender Equality should— (1) be coordinated and integrated with the comprehensive international strategy to prevent and respond to violence against women and girls, as required under section 3203, and with each sector strategy of development, as described in section 1019; (2) include plans for preventing child marriage; (3) address the ways in which the exclusion of, and discrimination against, women hinders economic growth and heightens the risks of conflict and instability; (4) discuss exclusionary and discriminatory practices that are particularly harmful for the achievement of United States development goals and identify the countries in which such practices occur; (5) include plans for hiring, training, deploying and retaining a diverse USAID workforce with appropriate expertise and responsibility for promoting women’s empowerment, gender equality and gender integration around the world; (6) establish policy and guidance for integrating gender considerations into all other international development strategies and programs; (7) ensure that the goal and objectives of this chapter are reflected in the USAID’s procurement regulations and procedures; and (8) build accountability for gender integration into monitoring and evaluation systems. (d) Preparation The Global Strategy for Equality shall be prepared by the Director of the Office of Gender Equality and Women’s Empowerment, in coordination with the Policy, Planning and Learning Bureau and the Ambassador-at-Large for Global Women’s Issues. 1704. Assistance for gender equality (a) In general The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries. (b) Activities Assistance authorized under subsection (a) shall include— (1) integrating women into the political, social, and economic systems of partner countries; (2) developing laws, regulations, and policies that promote equal rights and prohibit discrimination in partner countries; (3) providing leadership and technical training that improves the capacity of women and girls in partner countries to participate fully in decisions that affect their lives; (4) enhancing the capacity of partner countries to undertake analysis of the specialized needs of women and girls in health, water, sanitation, housing, education, food, legal and financial services, and other sectors, and to develop policies and programs to meet those needs; (5) enhancing the capacity of partner countries to prevent and respond to violence against women and girls; and (6) research and innovation to improve the design, implementation, and monitoring and evaluation of United States foreign assistance for greater effectiveness in promoting gender equality and reducing sexual and gender-based violence. 1705. Office of Gender Equality and Women’s Empowerment (a) Establishment There is established, within the United States Agency for International Development, an Office of Gender Equality and Women’s Empowerment (referred to in this section as the Office ). (b) Director The Office shall be headed by a Director (referred to in this section as the Director ), who shall be highly qualified in matters relating to international development and gender integration. The Director shall report directly to the Administrator and consult regularly with the Ambassador-at-Large for Global Women’s Issues. (c) Duties The Director shall— (1) advise the Administrator on matters relating to the advancement of women’s global development; (2) lead and coordinate all efforts of the United States Agency for International Development to empower women and promote gender equality in developing countries, including efforts to prevent and respond to gender-based violence; (3) direct the preparation of the Global Strategy for Gender Equality under section 1703; (4) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on women and girls; (5) assist other bureaus, offices, and overseas missions in designing and revising strategies, programs, projects and activities to empower women and promote gender equality; (6) monitor and evaluate the impact on women and girls of programs carried out by USAID; and (7) disseminate information about lessons learned and best practices for advancing women’s global development throughout USAID and other relevant Federal agencies. 1706. Prevention of child marriage (a) Findings Congress finds the following: (1) Child marriage, also known as forced marriage or early marriage , is a harmful traditional practice that deprives girls of their dignity and human rights. (2) Child marriage as a traditional practice, as well as through coercion or force, is a violation of article 16 of the Universal Declaration of Human Rights, which states, Marriage shall be entered into only with the free and full consent of intending spouses . (3) Factors perpetuating child marriage include poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (4) Child marriage has negative effects on the health of girls, including significantly increased risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS. (5) Most countries with high rates of child marriage have a legally established minimum age of marriage, yet child marriage persists due to strong traditional norms and the failure to enforce existing laws. (6) Investments in girls’ schooling, creating safe community spaces for girls, and programs to build skills for out-of-school girls are all effective and demonstrated strategies for preventing child marriage by addressing conditions of poverty, low status, and social norms that contribute to child marriage. (b) Statement of policy It is the policy of the United States to seek the elimination of the practice of child marriage. (c) Authorization The Administrator is authorized to use funds made available under this chapter for programs to prevent the incidence of child marriage in partner countries through the promotion of educational, health, economic, social, and legal rights of girls and women. (d) Priority In providing assistance authorized under subsection (c), the Administrator should give priority to— (1) areas or regions in developing countries in which 40 percent or more of girls under the age of 18 are married; and (2) activities to— (A) expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage; (B) establish pilot projects to prevent child marriage; and (C) share evaluations of successful programs, program designs, experiences, and lessons. 1707. Coordination of efforts to prevent child marriage (a) Designation The Administrator shall designate an official to lead and coordinate policies and programs of the Agency to prevent child marriage. (b) Additional duties In addition to the responsibilities described in subsection (a), the official designated under subsection (a) shall— (1) ensure that efforts to prevent child marriage are integrated into the relevant country and sector strategies prepared in accordance with sections 1018 and 1019; and (2) collect and disseminate information on— (A) best practices for preventing and reducing the incidence of child marriage; (B) the incidence of child marriage in partner countries where the practice of child marriage is prevalent; and (C) the relationship between prevalence of child marriage and the achievement of development goals. (c) Consultation In carrying out the duties under this section, the official designated under subsection (a) shall consult with a wide range of relevant stakeholders. 1708. Definitions In this chapter: (1) Child marriage The term child marriage means the marriage of a girl or a boy who has not reached the minimum legal age for marriage in the country of residence, or where there is no such law, under the age of 18. (2) Gender analysis The term gender analysis means the systematic examination of the different roles, rights, resources, constraints, and opportunities of men and women, boys and girls, in a society, economy, community or family. (3) Gender equality The term gender equality means equal opportunities for all people, regardless of sex, to achieve their personal potential and maximize their contributions to the development of their families, communities, and countries. (4) Gender integration The term gender integration means incorporating gender analysis and the resulting recommendations in all policies, budgets, programming, and performance monitoring and evaluation. 8 Strengthening democratic governance 1801. Findings and statement of policy (a) Findings Congress finds the following: (1) Democratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. Efforts to reduce poverty and promote broad-based economic growth are more effective and sustainable in a political environment in which fundamental freedoms and the rule of law are respected, government institutions are broadly representative, and corruption is held to a minimum. (2) Violent extremism that threatens United States national security flourishes where democratic governance is weak, justice uncertain, and legal avenues for change in short supply. (3) Democracy can only be sustained in a society in which the legitimacy of the government rests firmly on the expressed consent of the governed; the rights of all citizens, including minorities, are respected and protected; and there is effective civilian control over the military and security forces. (4) There is a growing worldwide movement toward more open, just and democratic societies. This trend is essential to achieving the United States ultimate objective of worldwide respect for human rights and fundamental freedoms without distinction as to race, sex, language, religion, sexual orientation, or gender identity. At the same time, this trend holds great promise for promoting the peace of the world and the foreign policy, security, and general welfare of the United States. (5) Preventing mass atrocities is a core national security interest and a core moral responsibility of the United States. Governmental engagement on atrocities too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed. By helping partner countries to strengthen democratic institutions and practices and to manage diversity peacefully, responsibly and equitably, USAID can address many of the structural conditions that give rise to mass atrocities. (6) Persons belonging to racial, ethnic, religious, and linguistic minorities, as well as lesbians, gays, bisexuals, and transgender individuals, and persons with disabilities are often subjected to discrimination, harassment, exploitation, intimidation, and exclusion. United States policies and programs should seek to foster equal opportunity and equal access to justice for all people, including marginalized groups. (7) Civil society organizations and activists worldwide contribute in unique and essential ways to development as innovative agents of change and social transformation. In particular, such organizations have an important role to play in bringing the voices of the poor to influence government policies, and to hold governments and other powerful actors to account for their actions. A diverse, strong, and independent civil society sector is critical for the sustainable reduction of poverty. (8) Democracy cannot be imposed from without. However, the United States should encourage all states to meet their obligations under international law to uphold and protect human rights and fundamental freedoms, and should support the aspirations of those who seek through peaceful means to make their governments more democratic and accountable. (9) Democracy takes time to become firmly rooted in society and in the political system. While short-term interventions can be important and effective means for preventing abuses and opening windows of opportunity, democratic development generally requires sustained effort and a comprehensive approach. (b) Statement of policy It is the policy of the United States to— (1) support democratic aspirations and values, foster the spread of democratic institutions, and encourage universal respect for internationally recognized human rights, including civil and political liberties; (2) recognize that, to be successful, such support must not be defined narrowly in terms of parties and elections and government institutional capacity building, but must include other, equally important, aspects of democratic development, including— (A) independent and balanced media; (B) impartial and competent judicial processes that deliver access to justice; (C) respect for human rights and fundamental freedoms; and (D) a vibrant civil society that engages meaningfully with government; and (3) take into consideration a country’s commitment to good governance, respect for the rule of law and protection of internationally recognized human rights in providing assistance under this subtitle. 1802. Goal and objectives (a) Goal The goal of assistance under this chapter is to strengthen democratic institutions and practices and promote human rights in partner countries. (b) Objectives In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives: (1) Improving government responsiveness, accountability, transparency and effectiveness. (2) Increasing the capacity and participation of civil society. (3) Strengthening the observance of internationally recognized human rights and the rule of law. (4) Fostering political competition and consensus-building. (5) Protecting and expanding democratic space for civil society organizations to operate. 1803. Assistance for democratic strengthening (a) In general The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries. (b) Activities Assistance authorized under subsection (a) shall include support for the following: (1) Conducting free, legitimate, credible, and fair national, state, and local elections. (2) Developing and strengthening open, democratic, peaceful and effective political parties. (3) Enhancing the responsiveness and effectiveness of public administration. (4) Building professional, transparent and responsible legislatures. (5) Developing and strengthening free, independent and professional media. (6) Fostering inclusive and transparent legislative and regulatory processes at all levels of government. (7) Decentralization efforts and the development of capable, representative local government institutions. (8) Strengthening civilian, democratic control over the military. (9) Combating corruption and promoting financial integrity. (10) Improving the independence, impartiality, transparency and competence of judicial officials and processes. (11) Revising and modernizing laws, constitutions, and legal frameworks. (12) Expanding access of crime victims and witnesses to legal information and services. (13) Promoting official recognition of, and respect in practice for, internationally recognized human rights. (14) Supporting and assisting international and domestic courts and tribunals investigating and prosecuting instances of mass atrocities. (15) Rehabilitating victims of torture, including activities specifically designed to treat the physical and psychological effects of torture. (16) Preventing and responding to abuses such as human trafficking, sexual and gender-based violence, the conscription of children into armed forces, the use of child labor and the practice of child marriage. (17) Strengthening the capacity of civil society organizations to participate effectively in public life and provide input into government decisions. (18) Increasing citizen awareness of rights and responsibilities, and encouraging greater participation in political processes. (19) Promoting tolerance, dialogue, and peaceful dispute resolution. (20) Reducing the risk of mass atrocities through early warning and early action. (21) Fostering equal rights and equal opportunities for marginalized groups. (22) Countering laws, regulations, policies, and practices that restrict civil space. (23) Expanding public access to information and communications, including through the Internet. (24) Implementing Action Plans for Human Rights and Democracy prepared pursuant to section 3103. 1804. Advisory Committee on Democracy Promotion (a) Establishment There is established an Advisory Committee on Democracy Promotion (in this section referred to as the Advisory Committee ). The Advisory Committee shall report to the Secretary and the Administrator. (b) Purpose The purpose of the Advisory Committee is to review and make recommendations on how to improve United States Government efforts to promote democracy internationally. (c) Duties The duties of the Advisory Committee shall include consulting with, providing information to, and advising the Secretary and the Administrator on issues relating to democracy promotion in the formulation and implementation of United States foreign policy and foreign assistance, including such matters as— (1) the means by which the United States Government should promote democracy, depending on circumstances in foreign countries; (2) the integration of democracy considerations into United States diplomatic and development efforts; (3) the special challenges of setting indicators and measuring impact in the field of democracy and governance; (4) lessons learned and best practices in international democracy promotion; (5) the balance between strengthening civil society and strengthening governance; (6) the application of principles of country ownership in undemocratic or democratic transition countries; (7) the application of marking and branding rules to democracy programs; (8) the consistency of democracy policies and programs across Federal agencies; and (9) the parameters for operating in undemocratic and conflict settings. (d) Membership (1) Number and appointment The Advisory Committee shall be composed of 8 individuals appointed by the Secretary and 7 individuals appointed by the Administrator who are experts in various aspects of the field of international democracy, human rights, and good governance. (2) Terms Members of the Advisory Committee shall serve a term of 2 years, and may be appointed to consecutive terms. (3) Individual capacity Members of the Advisory Committee shall serve in an individual, not a representative, capacity. (4) Chairperson and vice chairperson The Chairperson of the Advisory Committee shall be designated by the Secretary, and the Vice Chairperson of the Advisory Committee shall be designated by the Administrator, at the time of their appointment to the Advisory Committee. (e) Report (1) In general The Advisory Committee shall submit to the Secretary and the Administrator on an annual basis a report that describes the activities of the Advisory Committee during the preceding year. (2) Availability to public The report required by paragraph (1) shall be made publicly available on the Internet. (f) Meetings The Advisory Committee shall hold not less than 4 meetings each year. (g) Subcommittees The Advisory Committee may establish subcommittees and special task forces, as determined necessary by the Advisory Committee. Any such subcommittee or special task force shall meet subject to the call of the Chairperson of the subcommittee or special task force, as the case may be. 1805. Foreign government approval and conditionality (a) Foreign government approval The Administrator shall not require the approval or agreement of a foreign government for— (1) specific programs, projects, or activities authorized under this chapter; or (2) specific organizations carrying out assistance authorized under this chapter. (b) Foreign government conditionality The Administrator shall not terminate assistance authorized under this chapter for a country pursuant to, or in order to conclude, an agreement to provide other forms of assistance for such country. 1806. Relationship to other laws Assistance authorized under this chapter to promote human rights, strengthen civil society, and foster a free and fair election, referendum, or vote may be made available notwithstanding any provision of law that restricts assistance to a foreign country. 1807. Prohibiting assistance to influence the outcome of elections (a) In general No assistance authorized under this chapter shall be used to influence the outcome of any elections in any country. (b) Exception The prohibition in subsection (a) shall not be construed to prohibit programs that make a good faith effort to assist all democratic parties with equitable levels of assistance. 1808. Protected speech Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance under this title, foreign nongovernmental organizations— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non-United States Government funds, if such services— (A) do not violate the laws of the country in which they are being provided, and (B) would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this title. B Alleviating human suffering 1901. Findings and statement of policy (a) Findings Congress finds the following: (1) Natural disasters can temporarily overwhelm the capacity of countries, regardless of wealth and technological advancement, to meet basic human needs and protect people from harm. Such disasters are likely to increase in number and severity along with the changes in the world’s climate, the degradation of the environment, and the expansion of the world’s population. (2) Conflict, weak and poor governance, corruption, and repression increase vulnerability to humanitarian crisis, aggravate the impact of physical and environmental shocks, complicate the ability to respond effectively, and lengthen the recovery period. (3) Conflicts, human rights violations, and natural disasters often uproot people within their own countries. Forced to abandon their homes and livelihoods, and without access to the rights and resources available to those who cross an international border, these internally displaced persons are among the world’s most vulnerable and neglected people. (4) Persons affected by conflict are at greatly heightened risk of sexual and gender-based violence. Such risk can be mitigated through proper design and implementation of humanitarian programs, especially those relating to water and sanitation, health, shelter, food, education, energy, and livelihoods, as well as through specific protection measures. (5) In protracted crises, humanitarian resources are often exhausted before the essential conditions are in place for long-term, sustainable development. In addition, lack of expertise and training, inadequate coordination, and unclear or narrow mandates often leave programming gaps. Coordinated action is required to address basic human needs at every stage of the transition, from emergency relief to recovery, rehabilitation, reconstruction, and development. (6) Continuity of educational activities for all children is an essential humanitarian need. Assistance to countries affected by conflict or crisis should include formal and informal education services to ensure that children are able to continue their schooling and are protected from physical harm, psychological and social distress, recruitment into armed groups, family separation, and abuses related to their displacement. (7) Nongovernmental organizations play a leading role in humanitarian action, not only by delivering relief in underserved areas, but also by contributing a significant proportion of the international resources, by developing effective and innovative techniques and methodologies, by maintaining long-term relationships of trust with affected communities, by establishing reputations for independence, impartiality and neutrality, by integrating knowledge and expertise about local languages, customs, conditions, and needs, by bridging the gaps between relief and development, and by advocating for those in greatest need. (8) The United Nations plays a central, unique, and vital role in leading and coordinating international humanitarian assistance. Its organs and affiliated agencies have capabilities and expertise that far exceed the ability of any single donor to respond to humanitarian needs. The collective voice of these partners frequently enhances United States bilateral efforts and often plays a useful role in gaining access and achieving results where United States influence might otherwise be limited. (9) Multilateralism allows the United States to leverage its humanitarian contributions as part of a wider international donor effort and helps ensure that United States efforts complement those of other donors. To be effective, United States engagement with multilateral humanitarian organizations requires predictable funding and strong diplomatic engagement in policy development and institutional management. (b) Statement of policy It is the policy of the United States to save lives, alleviate human suffering wherever possible, and protect vulnerable populations, taking action solely on the basis of need, without discrimination between or within affected populations, without regard to diplomatic, economic, military, or other objectives of the United States, and without favoring any side in an armed conflict or other dispute. 1902. Goal and objectives (a) Goal The goal of assistance under this subtitle is to save lives, alleviate suffering, maintain human dignity, and protect and uphold the rights of extremely vulnerable people. (b) Objectives In furtherance of the goal of subsection (a), assistance under this subtitle shall be designed to achieve the following objectives: (1) Provide quick and effective relief in the aftermath of disasters, whether natural or human-caused. (2) Facilitate the transition to self-sufficiency and safe lives and livelihoods. (3) Protect civilians affected by conflict, disaster, and displacement from physical harm, persecution, exploitation, abuse, malnutrition and disease, family separation, gender-based violence, forcible recruitment and other threats to human rights. (4) Build capacity to prevent and mitigate the effects of conflict, disasters, and displacement. 1903. Humanitarian principles (a) In general United States humanitarian action shall be carried out in accordance with the following principles: (1) The central purpose of humanitarian action is to save lives, alleviate human suffering, and protect vulnerable population wherever possible. (2) Humanitarian action should be impartial, based solely on and in proportion to need, without discrimination between or within affected populations, and without regard to the political views, national origin, or religious affiliation of the beneficiaries. (3) Humanitarian action should be neutral, without furthering a political or religious agenda or favoring any side in an armed conflict or other dispute where such humanitarian action is carried out. (4) Humanitarian action should be independent, without regard to the political, economic, military, or other objectives that any actor may hold in relation to the affected areas and populations. (5) Humanitarian action should be undertaken in accordance with international human rights law, international humanitarian law, refugee law, and the United Nations Guiding Principles on Internal Displacement. (6) Humanitarian action should meet international standards, using the SPHERE Minimum Standards for Disaster Response and the Inter-Agency Standing Committee guidelines as benchmarks, should be informed by the INEE Minimum Standards, and should promote the principles and practices of Good Humanitarian Donorship. (7) Protection of civilians affected by conflict, disaster, and displacement from physical harm, persecution, exploitation, abuse, malnutrition and disease, family separation, sexual and gender-based violence, forcible recruitment, and other threats to human rights is a core element of humanitarian action. (8) Humanitarian action should be primarily civilian in nature. The Department of Defense should provide humanitarian assistance overseas only as a last resort when there is no comparable civilian alternative and when the use of military or civil defense assets can uniquely meet a critical humanitarian need. (9) When the military is required to support a humanitarian response, its participation should be subject to the overall leadership, coordination and policy guidance of civilian agencies, who must be provided the requisite resources and authorities to perform this leadership role. (10) The United States should adopt, between the Department of State and USAID, a lead-agency approach with a clear division of leadership and responsibility for humanitarian response. Under the guidance of the President, the Secretary should lead for operations responding to political and security crises, while the Administrator should lead for operations in response to humanitarian crises resulting from large-scale natural or industrial disasters, famines, disease outbreaks, and other natural phenomena. (11) Humanitarian action should be undertaken in a timely, flexible, and efficient manner on the basis of assessed needs. (12) In addition to providing funding for relief efforts, the United States should use its leverage to assist humanitarian agencies in obtaining secure, unfettered access to survivors in crisis situations. (13) To ensure impartiality, neutrality, independence, and the appearance thereof, humanitarian action should be implemented by intergovernmental and nongovernmental international humanitarian organizations, in partnership with local communities, indigenous organizations, and affected governments whenever possible. (14) Individuals affected by conflict, disaster, persecution, and displacement have the greatest stake in the performance of humanitarian programs and should, to the greatest possible extent, be involved in the design, implementation, monitoring, and evaluation of such programs. (15) Humanitarian, reconstruction, and development programs should be coordinated, planned, and funded to ensure continuity of life-sustaining services during transition phases. (16) Humanitarian, development, and other economic assistance programs should be designed with an eye toward reducing the risk and impact of future conflict and crisis and building resiliency among the most vulnerable populations. (17) United States humanitarian action should strive to ensure that refugees, internally displaced persons, and other conflict-affected individuals and communities are treated equally in the application of policy and the allocation of resources. (18) To promote learning, accountability, transparency, and the efficient use of resources, the United States should support independent monitoring and evaluation of all humanitarian assistance. (b) Definition In this section— (1) the term United States humanitarian action or humanitarian action means— (A) humanitarian assistance as defined in section 6; (B) assistance under any provision of law to save lives, alleviate human suffering, and protect vulnerable populations in an international disaster; and (C) diplomatic and military activities in support of the goal and objectives of this chapter; and (2) the term INEE Minimum Standards means the standards for education developed by the Inter-Agency Network on Education in Emergencies for use in emergency response, emergency preparedness, and humanitarian advocacy. 1904. International disaster assistance (a) Authorization Notwithstanding any other provision of this or any other Act, the Administrator is authorized to provide assistance to any foreign country, international organization, or private voluntary organization, on such terms and conditions as the Administrator may determine, for international disaster relief, recovery, and reconstruction, including assistance relating to disaster preparedness, and to the prediction of, and contingency planning for, disasters and humanitarian crises abroad. (b) Availability of funds Amounts made available under this section are authorized to remain available until expended. (c) Reimbursement authority In addition to amounts otherwise available to carry out this section, up to $100,000,000 of amounts made available under subtitle A in any fiscal year may be obligated for the purposes of, and in accordance with the authorities of, this section. Amounts subsequently made available under this section may be used to reimburse any account under which obligations were incurred under this subsection. 1905. Emergency Humanitarian Response Fund (a) Authority Whenever the Administrator determines it to be important to the national interest of the United States, the Administrator is authorized to provide, on such terms and conditions as the Administrator may determine, assistance under this section for the purpose of meeting unexpected urgent humanitarian and food assistance needs, notwithstanding any other provision of law. (b) Establishment There is established a United States Emergency Humanitarian Response Fund to carry out the purposes of this section (in this section referred to as the Fund ). (c) Transfer authority; availability of funds In addition to amounts otherwise available to carry out this section, the President is authorized to transfer to the Fund from amounts made available under any other provision of this Act such sums as may be necessary to carry out the purposes of this section, except that the total amount in the Fund at any time shall not exceed $500,000,000. Amounts in the Fund are authorized to remain available until expended. (d) Notification The President shall keep the appropriate congressional committees currently informed of the use of funds and the exercise of functions authorized in this section. 1906. Definitions In this subtitle: (1) Disaster The term disaster means a human-caused or natural occurrence that causes loss of life, health, property, or livelihood, inflicting severe destruction and distress. (2) International disaster relief, recovery, and reconstruction The term international disaster relief, recovery, and reconstruction means— (A) disaster planning and preparedness, disaster risk reduction, and other actions to mitigate death and destruction in the event of a disaster; (B) immediate actions intended to save lives, alleviate human suffering, and protect vulnerable populations during and after a disaster; (C) short-term measures to facilitate the transition to self-sufficiency and safe lives and livelihoods following a disaster; and (D) actions to begin to reconstitute basic services and facilities following a disaster. (3) Protect The terms protect and protection — (A) mean all activities aimed at obtaining full respect for the rights of the individual in accordance with international human rights law, international humanitarian law, refugee law, and the United Nations Guiding Principles on Internal Displacement; and (B) include activities to prevent, reduce, or mitigate the impact of violence, coercion, deprivation, or abuse on individuals or groups during international disasters. II Advancing Peace and Mitigating Conflict 2001. Findings and statement of policy (a) Findings Congress finds the following: (1) Peacebuilding involves the full range of approaches, processes, and stages of transforming violent conflict into stable, peaceful relationships. (2) Because many of the greatest threats to United States national security have emerged from failed states, it is in the national security interest of the United States to support peacebuilding efforts to stabilize and secure fragile states and states under stress. (3) United States peacebuilding efforts are most effective when they are undertaken in cooperation with the international community, and when they build local capacity to prevent and stop violence and mass atrocities. (4) In the event that prevention fails, the United States has an obligation to work both multilaterally and bilaterally to mobilize diplomatic, humanitarian, financial, and when necessary and appropriate, military resources to save lives and protect civilian populations. (5) Civil society organizations, including international nongovernmental organizations and local community groups, play an important role in promoting nonviolent conflict resolution, fostering harmony among religions, ethnic groups, communities, and factions, and facilitating second-track diplomacy. By coordinating with and working through such organizations, the United States can strengthen the effectiveness of its peacebuilding programs. (b) Statement of policy It is the policy of the United States to promote civilian security and long-term sustainable, secure, and stable communities. 2002. Definition In this title, the term peacebuilding means activities to prevent armed conflict, prevent and respond to mass atrocities, stabilize weak and fragile states, protect civilians in conflict zones, mitigate crises, help countries to rebuild and recover after conflict, and support transitions to peace, stability, and democracy. A General Authorities 2011. Peacekeeping (a) Statement of policy It is the policy of the United States to employ a variety of unilateral, bilateral, and multilateral means to respond to international conflicts and crises, placing a high priority upon timely, preventive diplomatic efforts and exercising a leadership role in promoting international efforts to end crises peacefully. (b) Authorization The Secretary is authorized to provide assistance to foreign countries, international organizations, and regional arrangements, on such terms and conditions as the Secretary may determine, for peacekeeping operations in furtherance of the national security interests of the United States. (c) Reimbursement Such assistance may include reimbursement for expenses incurred pursuant to section 7 of the United Nations Participation Act of 1945 ( 22 U.S.C. 287d–1 ), except that such reimbursements may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by law. (d) Determination If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this section in amounts in excess of amounts otherwise made available for such assistance is important to the national interests of the United States, the President may— (1) exercise the authority of section 9602 to transfer amounts made available to carry out section 4103 for use under this section without regard to the 20 percent increase limitation contained in section 9602, except that the total amount so transferred in any fiscal year may not exceed $15,000,000; and (2) in the event the President also determines that such unforeseen emergency requires the immediate provision of assistance under this section, direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government of an aggregate value not to exceed $25,000,000 in any fiscal year. 2012. Transition initiatives (a) Authorization The Administrator is authorized to provide, notwithstanding any other provision of law, assistance to support the transition to peace, democracy, and sustainable development of a country or region that is at risk of, in, or in transition from, conflict or civil strife. (b) Use of funds Assistance under this section includes support for the following: (1) Developing or strengthening democratic institutions and processes. (2) Short-term economic and political stabilization. (3) Reconstructing or revitalizing basic infrastructure. (4) Fostering reconciliation and the peaceful resolution of conflict. (c) Transfer authority If the Secretary determines that it is important to the national interests of the United States to provide transition assistance in excess of amounts appropriated or otherwise made available under this section, up to $25,000,000 of the funds made available under this Act may be used for purposes of this section and under the authorities applicable to funds made available under this section. (d) Notification (1) By administrator The Administrator shall notify the appropriate congressional committees not less than 5 days before beginning a new program of assistance under this section. (2) By Secretary The Secretary shall notify the appropriate congressional committee not less than 5 days before making a transfer pursuant to subsection (c). 2013. Limit on payment to United Nations and affiliated agencies Section 404(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 22 U.S.C. 287e note) is amended— (1) by striking Contributions .— and all that follows through Funds authorized and inserting Contributions .—Funds authorized ; and (2) by striking paragraph (2). 2014. Complex Crisis, Stabilization, and Prevention Fund (a) Establishment of fund (1) In general The Secretary is authorized to establish a fund, to be known as the Complex Crisis, Stabilization, and Prevention Fund (referred to in this section as the Fund ), to provide assistance to a country or region designated by the Secretary as a country at risk of, in, or in transition from, conflict or civil strife and for other purposes authorized in this section. (2) Congressional notification The Secretary shall notify the appropriate congressional committees at least five days in advance of an obligation of funds under this section. (3) Waiver The requirement for notification under paragraph (2) may be waived if— (A) failure to do so would pose a substantial risk to human health or welfare; (B) the appropriate congressional committees are notified not later than three days after an obligation of funds; and (C) such notification contains an explanation of the emergency circumstances necessitating such waiver. (4) Purpose of assistance Assistance may be provided under this section for the following purposes: (A) Fostering reconstruction or stabilization. (B) Mitigating or responding to emerging or unforeseen complex crises, including urgent political, social, or economic challenges that threaten stability. (C) Addressing systemic and immediate causes of crises and conflict. (D) Undertaking preventive measures to reduce the risk of crises and conflict and their impact on vulnerable populations. (b) Limitation The Secretary shall ensure that assistance provided under this section is not used for— (1) assistance of a military nature or for a military purpose; or (2) participation by an officer or employee of the United States in a foreign police action. (c) Conflict prevention Not less than 25 percent of amounts made available to carry out this section shall be used to support programs and activities to prevent an outbreak or escalation of violence in a country at risk of, in, or in transition from, conflict or civil strife. (d) Transfer (1) In general The President may transfer up to $500,000,000 of amounts made available under any other provision of law to be used to implement the purposes of this section. (2) Additional amounts Notwithstanding any other provision of law, up to $5,000,000 or five percent, whichever is less, of any amounts that are specifically designated by this or any other Act for particular programs or activities may be transferred to carry out the purposes of this section. (e) Relationship to other laws Assistance provided from the Fund may be made available notwithstanding any other provision of law. 2015. Addressing violence against women and girls in humanitarian relief, peacekeeping, conflict, and post-conflict settings (a) Activities of the Department of State and Agency (1) Duties The Secretary and the Administrator are authorized to— (A) provide assistance to programs carried out by international organizations, international and local nongovernmental organizations, and governments, as appropriate, that— (i) prevent and respond to violence against women and girls in humanitarian relief, in a country or region at risk of, in, or in transition from, conflict or civil strife; (ii) build the capacity of humanitarian organizations and government authorities, as appropriate, to address the special protection needs of women and children; (iii) support efforts to provide immediate assistance to survivors of violence and reintegrate such individuals through education, psychosocial assistance, trauma counseling, family and community reinsertion and reunification, medical assistance, and economic opportunity programs; and (iv) provide legal services for women and girls who are victims of violence; (B) work to incorporate activities to prevent and respond to violence against women and girls internationally into any multilateral or bilateral disarmament, demobilization, rehabilitation, and reintegration efforts by— (i) providing protection and suitable separate facilities in demobilization and transit centers for women and girls formerly involved in, or associated with, fighting forces; (ii) ensuring equitable reintegration activities and opportunities for such women and girls, including access to schooling, vocational training, employment, and childcare; (iii) providing essential medical care and psychosocial support for such women and girls who are victims of violence; and (iv) incorporating prevention and response to violence against women and girls into programs for former combatants; (C) designate and deploy specialists in violence against women and girls, as appropriate, as an integral part of the Agency’s Disaster Assistance Response Teams to ensure the integration of prevention and response to violence against women and girls internationally in strategies and programming; and (D) strive to ensure that all private partners and others carrying out humanitarian relief in a country or region at risk of, in, or in transition from conflict or civil strife— (i) train all humanitarian workers in preventing and responding to violence against women and girls, including in the use of mechanisms to report violence against women and girls; (ii) conduct appropriate public outreach to make known to the host community the mechanisms to report violence against women and girls; and (iii) promptly and appropriately respond to reports of violence against women and girls and treat survivors in accordance with best practices regarding confidentiality. (b) Coordination of United States Government efforts The Secretary of Defense and the Attorney General shall coordinate with the Secretary of State and the Administrator when carrying out programs relevant to the purposes of this section. (c) Enhancing United States leadership and advocacy in the United Nations (1) Strengthening United Nations procedures The Secretary, in consultation with the Administrator and the United States Permanent Representative to the United Nations, is authorized to promote United Nations efforts to— (A) develop and implement appropriate training programs for peacekeeping and humanitarian personnel in prevention and response to violence against women and girls internationally; (B) meet staffing goals for women military and police peacekeepers, including all-women teams and units; (C) enhance the deployment of civilian women at all levels to serve in peacekeeping missions, including through innovative staffing formulas; (D) institute effective protection mechanisms in and around United Nations-managed refugee and internally displaced persons camps; (E) implement a zero tolerance policy for sexual exploitation and abuse in United Nations peacekeeping and humanitarian operations; (F) support countries that contribute troops and police in— (i) taking appropriate actions to prevent violence and abuse; (ii) providing materials for pre-deployment and in-theater awareness training; and (iii) taking other actions to promote full accountability in cases of abusive conduct involving the personnel of such countries; (G) continue to expand appropriate mechanisms to permit individuals to safely bring to the attention of United Nations peacekeeping commanders and heads of humanitarian missions allegations of violence against women and girls internationally; and (H) ensure the capacity of the United Nations Office of Internal Oversight to investigate in a timely and efficient manner all credible allegations of violence against women and girls internationally, while protecting the whistleblower. (d) Emergency response to violence against women and girls (1) Emergency response Not later than 45 days after receiving a credible report of serious or widespread incidents of violence against women and girls in a situation of armed conflict or civil strife, the Secretary and the Administrator shall, in consultation with relevant stakeholders, identify and implement emergency response measures. (2) Consultation For the purposes of paragraph (1), the term relevant stakeholders includes, as appropriate— (A) affected populations; (B) international, multilateral, and nongovernmental organizations operating in the affected area; (C) the government of the country in which the violence is occurring; (D) governments in the region in which the violence is occurring; and (E) donor governments. (3) Congressional briefings The Secretary shall brief the appropriate congressional committees not less than quarterly on the status of incidents of violence against women and girls in situations of armed conflict or civil strife, emergency response measures taken, and consultations with relevant stakeholders. 2016. Demining activities (a) In general The Secretary is authorized, notwithstanding any other provision of law, to provide assistance to foreign countries for demining activities, including— (1) clearance of unexploded ordinance; (2) the destruction of small arms; and (3) related activities. (b) Special authority Subject to such terms and conditions as the Secretary may prescribe, the Secretary is authorized to make grants of demining equipment to foreign countries and international organizations, for the purposes identified in this section. 2017. Disarmament, demobilization, reintegration, and rehabilitation activities (a) In general The Secretary, in coordination with the Administrator, is authorized to carry out programs in foreign countries to assist the disarmament, demobilization, reintegration, and rehabilitation of former combatants. (b) Coordination The programs referred to in subsection (a) shall be coordinated, as appropriate, with international nongovernmental organizations and the government of the country in which any such program is carried out. B Strategies, Assessments, and Reports 2021. Regional conflict risk assessment and conflict mitigation strategy (a) Findings Congress finds the following: (1) Armed conflict and civil strife often stem from dynamics that transcend traditional state borders and require cross-border and regional approaches. (2) United States diplomacy is often conducted on a bilateral, state-centric basis that fails to address problems comprehensively or to identify and assess the full range of issues and opportunities. (3) A comprehensive approach towards conflict prevention is required, incorporating cross border and regional dynamics and non-state actors. (b) Conflict assessment The Secretary, acting through the Under Secretary for Civilian Security, Democracy, and Human Rights and in consultation with the Administrator, shall be responsible for ensuring that an annual regional conflict risk assessment is conducted for each geographic region represented by an Assistant Secretary. Each assessment shall include the following: (1) An identification of ongoing violent conflicts in the region. (2) An evaluation of the potential for outbreaks of violent conflict in the region. (3) A list of those conflicts determined to be at high risk of outbreak of escalation. (4) A description of new opportunities and challenges for conflict mitigation in the region. (c) Conflict mitigation strategy For each conflict identified in subsection (b)(3), the relevant office or diplomatic or consular post of the Department of State, in consultation with the relevant office or overseas mission of the Agency, shall develop a conflict mitigation strategy. Such strategy shall include the following elements: (1) An analysis of the key drivers of potential conflict. (2) An analysis of the impact of current United States policies and programs on the drivers referred to in paragraph (1). (3) Specific objectives in mitigating conflict for the next 1- to 3-year period, including indicators and other measurements of progress. (4) A plan for ensuring that basic human needs are met and civilians are protected during the period of the strategy. (5) A description of policies and programs needed to achieve the objectives identified in paragraph (3). (6) A description of how such policies and programs will be coordinated with the policies and programs of local partners and the international community. (7) A description of the roles of each Federal agency in carrying out the conflict mitigation strategy, and the mechanisms for interagency coordination. (8) The requirements for human and financial resources to carry out the conflict mitigation strategy over the next 1- to 3-year period. (d) Consultation In preparing each conflict mitigation strategy required under subsection (c), the relevant office or diplomatic or consular post of the Department of State shall consult with a wide range of local stakeholders, including civil society organizations. (e) Transmission to congress Each conflict mitigation strategy required under subsection (c) shall be transmitted to the appropriate congressional committees. 2022. Data on costs incurred in support of United Nations peacekeeping operations (a) Quarterly reports The Secretary of Defense shall submit, on a quarterly basis, to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report setting forth all costs (including incremental costs) incurred by the Department of Defense during the preceding quarter in implementing or supporting resolutions of the United Nations Security Council, including any such resolution calling for international sanctions, international peacekeeping operations, or humanitarian missions undertaken by the Department of Defense. Each quarterly report shall include an aggregate of all such Department of Defense costs by operation or mission. (b) United States costs The President shall annually transmit to the Secretary General of the United Nations the information required under subsection (a). (c) United Nations Member State costs The President shall direct the permanent representative of the United States to the United Nations to request that the United Nations compile and publish information concerning costs incurred by United Nations Member States in support of the resolutions described in subsection (a). 2023. Peace on Cyprus and in the Eastern Mediterranean (a) Policy and principles United States policy regarding Cyprus, Greece, and Turkey shall be directed toward the maintenance of a stable and peaceful atmosphere in the Eastern Mediterranean region and shall therefore be governed by the following principles: (1) The United States shall actively support the resolution of differences through negotiations and internationally established peaceful procedures, shall encourage all parties to avoid provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force. (2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus. (3) All defense articles provided by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this Act and the agreements under which those defense articles were provided. (4) The United States will provide security assistance for Greece and Turkey only when providing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations. (5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached. (6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem. (b) Quarterly report (1) Review Because progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean, the President and the Congress shall continually review that progress and shall determine United States policy in the region accordingly. (2) Report To facilitate such a review the President shall, not later than 90 days after the date of the enactment of this Act and at the end of each succeeding 90-day period, transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on progress made toward the conclusion of a negotiated solution of the Cyprus problem. Such transmissions shall include any relevant reports prepared by the Secretary General of the United Nations for the Security Council. (c) Certification In order to ensure that United States assistance is provided consistent with the policies established in this section, the President shall, whenever transmitting a certification pursuant to section 4382 for Greece or Turkey, include in that certification a full explanation of how such assistance will be consistent with the policy and principles set forth in subsection (a). (d) Prohibition on transfer of military equipment to cyprus (1) In general Any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 4301) entered into by the United States after the date of the enactment of this Act shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. (2) Report The President shall submit to Congress a report on any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection. C Organizations and Personnel 2031. Atrocities Prevention Board (a) Findings Congress makes the following findings: (1) Non-combatants comprise most of the casualties in modern conflict. (2) In many cases, civilian deaths are the result of belligerents deliberately targeting civilians on a wide scale. (3) Civilians are vulnerable both during interstate conflict and intrastate situations, such as civil wars, insurgencies, and anarchic conditions associated with failed states. (4) There are common variables to situations giving rise to atrocities, including past history of such occurrences, persistence of articulated and non-articulated tensions, and poor or malevolent leadership. (5) Most tellingly, atrocities—including genocide—often occur when displaced persons attempt to flee conflict. (6) The United States is committed to working with our allies, and to strengthening our own internal capabilities, in order to ensure that the United States and the international community are proactively engaged in a strategic effort to prevent mass atrocities and genocide. In the event that prevention fails, the United States will work both multilaterally and bilaterally to mobilize diplomatic, humanitarian, financial, and—in certain instances—military means to prevent and respond to genocide and mass atrocities. (7) Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States. (8) United States security is affected when masses of civilians are slaughtered, refugees flow across borders, and murderers wreak havoc on regional stability and livelihoods. (9) Governmental engagement on atrocities and genocide too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed. (10) Ensuring that a full range of options is available to senior policy makers requires a level of governmental organization that matches the methodical organization characteristic of mass killings. (b) Establishment of Interagency Atrocities Prevention Board The President shall establish an Interagency Atrocities Prevention Board (in this section referred to as the Board ) with the following responsibilities: (1) Coordinate and synchronize a whole of government approach to preventing mass atrocities. (2) Integrate the early warning systems of national security agencies, including intelligence agencies, with respect to incidents of mass atrocities and coordinate the policy response to such incidents. (3) Conduct gaming and contingency planning exercises regarding atrocities prevention and response. (4) Oversee the development and implementation of comprehensive atrocities prevention and response strategies. (5) Identify available resources and policy options necessary to prevent the emergence or escalation of mass atrocities, including— (A) foreign assistance; (B) diplomatic initiatives; (C) deployment of civilian expertise; (D) use of sanctions; and (E) military options. (6) Identify and close gaps in expertise, readiness, and planning for atrocities prevention and early action across Federal agencies. (7) Ensure that risk assessments and policies to mitigate identified risks are communicated in a timely fashion to the relevant Federal agencies and integrated into activities. (c) Leadership (1) In general The Board shall be headed by a senior director selected by the President, and who shall report to the Assistant to the President for National Security Affairs (commonly referred to as the National Security Advisor ). (2) Responsibilities The senior director shall have primary responsibility for promoting United States Government policies to protect individuals affected by conflict and atrocities and carrying out the responsibilities identified in subsection (b). (d) Composition The Board shall be composed of representatives from the following agencies, and such others as the President determines appropriate: (1) The Department of Defense. (2) The United States Agency for International Development. (3) The Department of State. (4) The Department of Justice. (5) The Department of the Treasury. (6) The Department of Homeland Security. (7) The Central Intelligence Agency. (8) The Office of the Director of National Intelligence. (9) The United States Mission to the United Nations. 2032. Under Secretary for Civilian Security, Democracy, and Human Rights (a) In general Section 1(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(b) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4) Under Secretary for Civilian Security, Democracy, and Human Rights There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Civilian Security, Democracy, and Human Rights, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formation and implementation of policy, activities, and oversight related to crisis prevention and response, democracy, human rights, and labor, and refugees and migration. The Under Secretary for Civilian Security, Democracy, and Human Rights shall— (A) coordinate and implement civilian responses to conflict, including deployment of the Civilian Response Corps; (B) oversee the full spectrum of conflict-related policies and programs in the Department of State; (C) conduct strategic planning and budgeting for conflict-related activities within the Department of State; (D) manage prevention and response to refugee and humanitarian crises, including support for major international organizations involved in aid to conflict affected populations; and (E) advance human rights and democratic values. . (b) Abolition The position of Under Secretary for Democracy and Global Affairs is hereby abolished. (c) Transfer Responsibilities for the position of Under Secretary for Democracy and Global Affairs shall be transferred to the Under Secretary for Civilian Security, Democracy and Human Rights, as appropriate. The individual serving in the capacity of Under Secretary for Democracy and Global Affairs as of the date of the enactment of this Act may continue serve in the capacity of the Under Secretary for Civilian Security, Democracy, and Human Rights. (d) Conforming amendment Section 2113(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 22 U.S.C. 8213(a) ; Public Law 110–53 ) is amended by striking Under Secretary of State for Democracy and Global Affairs and inserting Under Secretary of State for Civilian Security, Democracy, and Human Rights . 2033. Conflict and stabilization operations (a) In general Section 62 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2734 ) is amended to read as follows: 62. Conflict and stabilization operations (a) Bureau of Conflict and Stabilization Operations (1) Establishment There is established within the Department of State the Bureau of Conflict and Stabilization Operations. (2) Assistant Secretary for Conflict and Stabilization Operations The head of the Bureau shall be the Assistant Secretary for Conflict and Stabilization Operations. The Assistant Secretary shall report directly to the Under Secretary for Civilian Security, Democracy, and Human Rights. (3) Functions The functions of the Bureau of Conflict and Stabilization Operations shall include the following: (A) Training, equipping, and deploying the Civilian Response Corps described in subsection (b)(1). (B) Developing, at the request of a Chief of Mission, a strategy or plan, and designing relevant programming, for stabilization and reconstruction, as appropriate to the local context. (C) At the request of a Chief of Mission, mobilizing and deploying members of the Civilian Response Corps as needed. (D) Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 2008 (title XVI of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009; Public Law 110–417 ). (E) Identifying and recruiting personnel in State and local governments, including law enforcement personnel, and in the private sector who are available to participate in the Reserve Corps established under subsection (b)(1)(B) or to otherwise participate in or contribute to reconstruction and stabilization activities. (F) Taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization operations is adequate and is carried out, as appropriate, with other offices in the Department of State and the United States Agency for International Development involved with reconstruction and stabilization activities. (G) Maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment. (H) Maintaining a staff of experts to provide technical support for crisis mitigation, including mediation and negotiation support teams. (I) Establishing and maintaining a cadre of deployable personnel to conduct contingency acquisition support. (J) Establishing and maintaining on active status a contingency contracting office for the purpose of procuring goods, equipment, and services for use in contingency operations and for assistance to support reconstruction and stabilization activities. (b) Civilian Response Corps (1) In general The Secretary of State shall establish and maintain a Civilian Response Corps (referred to in this section as the Corps ) to provide assistance in support of reconstruction and stabilization activities in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. The Corps shall be composed of active and reserve components. (A) Active Corps (i) In general The Active Corps shall be composed of not more than 200 positions identified by the Secretary of State, in consultation with the Administrator, based on the skillsets identified by the Coordinator. (ii) Membership The Active Corps shall consist of United States Government personnel, including employees of the Department of State, the United States Agency for International Development, and other agencies. (iii) Duties Members of the Active Corps shall— (I) serve as liaisons between the Bureau of Conflict and Stabilization Operations and regional bureaus of the Department of State; (II) unless deployed abroad, be employed by the Under Secretary for Civilian Security, Democracy, and Human Rights; and (III) deploy, within 72 hours, anywhere outside the United States where the Secretary of State directs. (iv) Surge Members of the Active Corps may be detailed by the Assistant Secretary for Conflict and Stabilization Operations to regional bureaus of the Department of State to augment crisis and conflict planning and response. (B) Reserve Corps (i) In general The Reserve Corps shall consist of United States Government personnel, individuals employed by State or local governments, or other experts who have the skills necessary for supporting reconstruction and stabilization activities, or who shall be trained and employed to carry out such activities, and who have volunteered for such purpose. (ii) List The Secretary shall maintain and continually update a database composed of personnel who have volunteered for the Reserve Corps. (iii) Duties Members of the Reserve Corps shall— (I) on a voluntary basis, deploy within 72 hours, anywhere outside the United States, where the Secretary of State directs; and (II) maintain appropriate skills and conditioning to deploy to assist in reconstruction and stabilization activities. (2) Mitigation of domestic impact The establishment and deployment of any Reserve Corps shall be undertaken in a manner that avoids substantively impairing the capacity and readiness of the Federal Government or any State or local government from which Reserve Corps personnel may be drawn. (3) Existing training and education programs The Secretary of State shall ensure that personnel of the Department of State, and, in coordination with the Administrator of the United States Agency for International Development, that personnel of USAID, have access to and make use of the relevant existing training and education programs offered within the Federal Government, such as those at the Center for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and After Action Review Program at the National Defense University. (4) In general (A) Appointments to Foreign Service Individuals who serve in the Civilian Response Corps shall be eligible to be appointed as a member of the Foreign Service pursuant to section 303 of the Foreign Service Act of 1980 ( 22 U.S.C. 3943 ) for a term of up to three years. (B) Deployment Not less than 60 percent of the Active Corps should be deployed outside of the United States at any one time. (C) Promotion Individuals who are career members of the Foreign Service shall be considered for promotion on the same basis as individuals who are assigned to diplomatic or consular posts with one-year tours of duty. (D) Chain-of-command Once deployed abroad, a member of the Civilian Response Corps shall report to and serve under the operational control of the chief of mission of the country or region in which such member is deployed. (E) Limitation on deployment The Secretary of State is authorized to deploy to a foreign country members of the Active Corps for a period of not longer than one year. Such period may be extended on a voluntary basis. (5) Temporary appointments for certain individuals The Secretary of State, acting through the Assistant Secretary for Conflict and Stabilization Operations, is authorized to appoint individuals with acquisition backgrounds to the Active or Reserve Corps on a one-year basis to implement contracts for contingency operations. (c) Employment for contingency operations (1) Foreign Service limited positions Pursuant to the authority of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), and notwithstanding the limitation specified in section 305 of such Act ( 22 U.S.C. 3945 ), the Administrator of the United States Agency for International Development (USAID) may appoint to the Senior Foreign Service up to ten individuals to be assigned to or support contingency operations. (2) Waiver The provisions of section 8344 or 8468 of title 5, United States Code, may be waived on a case-by-case basis by— (A) the Administrator of USAID, with respect to the employment in USAID, or (B) the Inspector General of USAID, with respect to the employment in the Office of Inspector General, of an annuitant in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists. (3) Procedures If the authority referred to in paragraph (1) is delegated, the Administrator of USAID or the Inspector General of USAID, as appropriate, shall prescribe criteria and procedures for the exercise of any authority under this section. (4) Status of employment A Federal employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5, United States Code. (d) Exception (1) In general The Secretary of State may select and appoint employees to carry out conflict and stabilization activities without regard to the provisions of title 5, United States Code, governing appointment in the competitive service and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title. (2) Delegation The Secretary of State may authorize the head of any agency to exercise the authority described in paragraph (1). (3) Definition For the purpose of this subsection, the term employees means individuals who qualify as an employee as defined in section 2105 of title 5, United States Code, and who are appointed on a time-limited basis solely to carry out reconstruction and stabilization activities under or consistent with this section. . (b) Special authority Notwithstanding any other provision of law, including section 304(c) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4834(c) ; Public Law 99–399 ), personnel designated by the Secretary, including members of the Civilian Response Corps, shall not be bound by the regulations and guidance provided by the Bureau of Diplomatic Security and shall deploy at the direction of the Secretary. (c) Personnel The Reconstruction and Stabilization Civilian Management Act of 2008 (title XVI of Public Law 110–417 ) is amended— (1) in section 1603 ( 22 U.S.C. 2734a note), by amending paragraph (5) to read as follows: (5) Personnel The term personnel means— (A) individuals serving in any service described in section 2101 of title 5, United States Code, other than in the legislative or judicial branch; (B) individuals employed by personal services contract, including individuals employed pursuant to— (i) section 2(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2669(c) ); or (ii) section 636(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2396(a)(3) ); (C) individuals appointed under section 303 of the Foreign Service Act of 1980 (22 U.S.C. 3943); and (D) locally employed staff who are employed by participating agencies. ; and (2) in section 1606(b) ( 22 U.S.C. 2734a(b) ), by inserting and to provide any related support after assign personnel of such agency . 2034. Danger pay Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 5 U.S.C. 5928 note; Public Law 101–246 ) is amended— (1) by striking or after Drug Enforcement Administration and inserting , the ; and (2) inserting , or the Civilian Response Corps after Federal Bureau of Investigation . 2035. Stability policing coordinator The State Department Basic Authorities Act of 1956 is amended by adding after section 62 (as amended by 2031 of this Act) the following new section: 63. Office of the Stability Policing Coordinator (a) Establishment There is established within the Department of State the Office of the Stability Policing Coordinator (in this section referred to as the Office ). (b) Coordinator for police training The head of the Office shall be the Coordinator for Stability Policing (in this section referred to as the Coordinator ). The Coordinator shall report directly to the Assistant Secretary for Conflict and Stabilization Operations. (c) Responsibilities The Coordinator shall be responsible for developing a unified, coherent, comprehensive, and effective program of law enforcement assistance in support of reconstruction and stabilization activities in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. Such program shall include the following elements: (1) Developing and overseeing curricula for police training specifically oriented towards reconstruction and stabilization activities. (2) Developing and implementing policies and procedures to ensure that human rights, and in particular those of women and girls, are protected. (3) In coordination with the Bureau of Conflict and Stabilization Operations, as appropriate, recruiting, vetting, and training personnel to serve as police trainers. (4) Ensuring proper direction and oversight of contractors hired to implement police training programs under this section. (5) Establishing benchmarks to measure the progress of police training programs conducted under this section. (6) Coordinating assistance carried out by the Office with similar assistance provided by other Federal agencies and international donors. (7) Overseeing procurement and delivery of supplies and equipment, and monitoring the end use of such supplies and equipment. (8) Providing policy guidance and program support to the United States diplomatic and consular missions in the country or region undertaking police training operations. (9) Providing guidance to the Bureau of Conflict and Stabilization Operations regarding the selection and training of law enforcement and judicial personnel for the Readiness Response Corps. (d) Relationship to global rule of law policy committee The Coordinator shall ensure that the activities of the Office are consistent with the coordination plan established pursuant to section 3202 of the Global Partnerships Act of 2013. . 2036. Training in conflict management and mitigation Section 708 of the Foreign Assistance Act of 1980 ( 22 U.S.C. 4028 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) instruction on methods for conflict management and mitigation and on the necessary skills to be able to function successfully in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife, including— (A) recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence; and (B) methods of early action, prevention, and response. ; and (2) by adding at the end the following new subsection: (d) The training described in subsection (a)(4) shall be mandatory for all Foreign Service officers assigned to a position, or otherwise made available for service, in the department or agency or at a post overseas with responsibilities in the subject matters described in such subsection. Training opportunities should include, as appropriate for the department and agency, respectively, fellowships, details, and exchanges with relevant Federal agencies, international organizations, and nongovernmental organizations. . III Supporting human rights and democracy A General provisions 3101. Findings and statement of policy (a) Findings Congress makes the following findings: (1) All human beings are born free and equal in dignity and rights. Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. (2) A democratic political system, in which the will of the people, as expressed in periodic and genuine elections, is the basis of the authority of government, is the best guarantor of freedom of speech and belief and freedom from fear and want. (3) Democracy is a necessary but insufficient condition for the effective protection of human rights. Majority rule must be tempered by guarantees for the dignity and rights of minorities. (4) The advancement of human rights and the institutionalization of democracy are important to the achievement of other United States foreign policy goals, such as reducing poverty, building peace, expanding prosperity and sustaining the global environment. (5) Human rights and fundamental freedoms can be effectively advanced by— (A) bilateral and multilateral diplomatic overtures; (B) the development and implementation of international norms and standards, including voluntary codes of conduct; (C) support for the establishment and strengthening of laws, policies and institutions that protect rights and freedoms, including technical assistance and training to governments and civil society organizations; (D) support for and protection of individuals and civil society organizations who defend and exercise their human rights and democratic freedoms; (E) research and reporting on violations of human rights, including identifying those who commit such violations; (F) the threat or imposition of sanctions against violators, including criminal prosecution where appropriate; and (G) offering diplomatic and economic incentives for improved performance. (6) United States support for human rights and democracy should be open and explicit, with due regard for the safety and independence of local partners and impartiality among peaceful, democratic political parties and factions. (b) Statement of policy It is the policy of the United States, in keeping with its constitutional heritage and traditions and in accordance with its international obligations as set forth in the Charter of the United Nations and the Universal Declaration of Human Rights, to promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, religion, sexual orientation or gender identity. 3102. Country reports on human rights practices (a) Report required The Secretary shall submit to the appropriate congressional committees, by February 25 of each year, a comprehensive report regarding the status of internationally recognized human rights in each covered country. (b) Contents The report required under subsection (a) shall include, for each covered country, information relating to— (1) respect for the integrity of the person, including freedom from— (A) arbitrary or unlawful deprivation of life; (B) disappearance; (C) torture and other cruel, inhuman or degrading treatment or punishment; (D) arbitrary arrest or detention; (E) denial of fair public trial; and (F) arbitrary interference with privacy, family, home or correspondence; (2) respect for civil liberties, including— (A) freedom of speech and press, including Internet freedom; (B) freedom of peaceful assembly and association; (C) freedom of religion and conscience; (D) freedom of movement; and (E) provision of asylum and resettlement of refugees; (3) respect for political rights, including the right of citizens— (A) to change their government; (B) to take part in the conduct of public affairs; and (C) to vote and be elected at genuine periodic elections; (4) respect for worker rights, including— (A) the right of association; (B) the right to organize and bargain collectively; (C) prohibition of forced or compulsory labor; (D) prohibition of child labor; and (E) acceptable conditions of work; (5) protection of all citizens, including marginalized groups, against violence, intimidation and discrimination, including, wherever applicable— (A) mass atrocities; (B) trafficking in persons; (C) sexual and gender-based violence; (D) criminalization of homosexuality or deprivation of fundamental freedoms due to sexual orientation or gender identity; (E) violations of the principles of voluntarism and informed choice in health care, including coerced abortion and involuntary sterilization; (F) child marriage; and (G) compulsory recruitment and conscription of individuals under the age of 15 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups; and (6) official accountability, including— (A) government corruption and transparency; (B) government participation in, facilitation of, or condoning of, violations of internationally recognized human rights; (C) steps taken by such government to prevent and respond to violations of internationally recognized human rights; (D) the extent of cooperation by such government in permitting an unimpeded investigation by international organizations, including nongovernmental organizations, of alleged violations of internationally recognized human rights; and (E) wherever applicable, such government’s votes in the United Nations Human Rights Council. (c) Consultation In compiling data and making assessments for purposes of subsection (b), United States diplomatic mission personnel in each covered country shall consult with relevant international and nongovernmental organizations. (d) Translation and publication For each covered country, the report required by this section shall be translated into the principal languages of the country and made available on the Internet website of the United States diplomatic mission to the country, or, where there is no diplomatic mission, on the Internet website of the Department of State. (e) Definitions In this section— (1) the term covered country means a country that— (A) receives assistance under this Act; or (B) is a member of the United Nations; and (2) the term child marriage means the marriage of a girl or a boy who has not reached the minimum legal age for marriage in the country of residence, or where there is no such law, under the age of 18. 3103. Action plans for human rights and democracy (a) Action plan required (1) In general Except as provided in paragraph (2), beginning 3 years after the date of the enactment of this Act and every 3 to 5 years thereafter, the Secretary, in coordination with the Administrator as appropriate, shall develop an action plan for human rights and democracy in each country that is included in the report under section 3102. (2) Exception The Secretary is not required to develop an action plan under this subsection for any country with respect to which the Secretary determines, based on the information required in the report under section 3102, that human rights and fundamental freedoms are generally respected. (b) Preparation of plans The action plan required under subsection (a) shall be prepared— (1) in each country with a United States diplomatic mission, by the Chief of Mission, in coordination with the Mission Director of the Agency, if a Mission Director is assigned to such country, and in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor; or (2) in each country without a United States diplomatic mission, by the Assistant Secretary of State for Democracy, Human Rights, and Labor, in coordination with the Assistant Administrator for Democratic and Civic Development and the relevant regional bureaus of the Department of State and United States Agency for International Development. (c) Elements The action plan required under subsection (a) shall contain the following elements: (1) A description of the major barriers in such country to fundamental rights and freedoms. (2) Specific improvements in the areas identified under paragraph (1) that the United States will seek over the next 3 to 5 years. (3) A description of the policies and programs, including assistance, to be undertaken in order to foster the improvements identified in paragraph (2). (4) A description of the roles of each participating Federal agency in carrying out the policies and programs identified in paragraph (3). (5) A description of the budgetary and personnel resources needed to carry out the policies and programs identified in paragraph (3). (d) Consultation In preparing the action plan required under subsection (a), the relevant officials shall consult with a wide range of nongovernmental organizations in the country and with nongovernmental organizations having significant experience in or knowledge about the country. (e) Transmission (1) To congress The action plan required under subsection (a) shall be transmitted to the appropriate congressional committees. (2) Public availability At a minimum, the elements of the action plan described in paragraphs (1) and (2) of subsection (c) shall be published on the Internet website of the Department of State and, in countries in which a United States diplomatic mission is established, on the mission’s Internet website. (f) Strategic coordination In order to avoid duplication and policy inconsistency, the Secretary shall ensure that the action plan required under subsection (a) is coordinated with all other relevant diplomatic and development strategies, in particular the strategies prepared pursuant to— (1) section 1703, relating to Global Strategy for Gender Equality; (2) section 1018, relating to Country Development Cooperation Strategies; (3) section 2012, relating to Conflict Mitigation Strategy; and (4) section 3203, relating to Comprehensive International Strategy to Prevent and Respond to Violence Against Women and Girls. 3104. Human Rights and Democracy Fund (a) Establishment There is established a Human Rights and Democracy Fund (in this section referred to as the Fund ) to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor. (b) Purpose The purpose of the Fund is to protect and promote fundamental freedoms and internationally recognized human rights by— (1) supporting defenders of human rights and advocates of democracy; (2) assisting victims of human rights violations; (3) preventing and responding to violence against women and girls, in accordance with subtitle A; (4) carrying out child protection compacts in accordance with section 3402; and (5) responding to emergencies and unanticipated opportunities in the areas of human rights and democracy. (c) Consultation In administering the Fund, the Assistant Secretary of State for Democracy, Human Rights, and Labor shall consult with the Ambassador-at-Large for Global Women’s Issues and the Assistant Administrator for Democratic and Civic Development of the United States Agency for International Development. (d) Additional funds Funds made available under this section for a fiscal year are in addition to funds otherwise available for such purposes. (e) Special authority Funds made available under this section for a fiscal year are authorized to be made available notwithstanding any provision of law that restricts assistance to a foreign country. 3105. Role of Bureau of Democracy, Human Rights, and Labor Section 1(c)(2) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c)(2) ) is amended to read as follows: (2) Assistant secretary of state for democracy, human rights, and labor (A) In general There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Assistant Secretary shall carry out the Secretary’s responsibilities under section 3102 of the Global Partnerships Act of 2013. (B) Duties The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy, including the following: (i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which the requirements of sections 3102 and 3103, respectively, of the Global Partnerships Act of 2013 are relevant. (ii) Preparing the country reports and action plans required under sections 3102 and 3103 of the Global Partnerships Act of 2013. (iii) Making recommendations to the Secretary of State and the Administrator of the United States Agency for International Development regarding implementation of the human rights policies, principles, restrictions and authorities of the Global Partnerships Act of 2013. (iv) Administering the Human Rights and Democracy Fund established under section 3104 of the Global Partnerships Act of 2013. (v) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries. (C) Consultation The Assistant Secretary of State for Democracy, Human Rights, and Labor shall be consulted in the determinations of which countries shall receive United States foreign assistance and the nature of the assistance to be provided to each country. (D) Certain assignments Any assignment of an individual to a political officer position at a United States mission abroad that has the primary responsibility for monitoring human rights developments in a foreign country shall be made upon the recommendation of the Assistant Secretary of State for Democracy, Human Rights, and Labor in conjunction with the head of the Department of State’s regional bureau having primary responsibility for that country. . 3106. Discrimination related to sexual orientation (a) Designation of officer The Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate an officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, in foreign countries based on actual or perceived sexual orientation and gender identity. (b) International efforts The Secretary shall work through appropriate United States Government employees at United States diplomatic and consular missions to encourage the governments of other countries to reform or repeal laws of such countries criminalizing homosexuality or consensual homosexual conduct, or restricting the enjoyment of fundamental freedoms, consistent with United States law, by homosexual individuals or organizations. (c) Training for foreign service officers Section 708(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting the Assistant Secretary for Democracy, Human Rights, and Labor, before the Ambassador at Large ; (2) in paragraph (2), by striking and at the end; (3) in paragraph (3), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new paragraph: (4) instruction, in courses covering human rights reporting and advocacy work, on identifying violence, discrimination, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, based on actual or perceived sexual orientation and gender identity. . 3107. Personnel awards and incentives Section 2143 of the ADVANCE Democracy Act of 2007 ( 22 U.S.C. 8243 ) is amended by striking the matter preceding paragraph (1) and inserting the following: The Secretary shall expand the range of awards and incentives to encourage members of the Foreign Service and other employees of the Department to take assignments relating to the promotion of democracy and the protection of human rights, which may include the following: . B International violence against women and girls 3201. Statement of policy It is the policy of the United States to— (1) promote the equal participation of women in the political, economic and social lives of their countries; (2) build the capacity of foreign governments and civil societies to prevent and respond to violence against women and girls; (3) ensure that all private partners under this Act take appropriate steps to prevent and respond to violence against women and girls; and (4) systematically integrate efforts to prevent and respond to violence against women and girls into United States foreign policy and foreign assistance programs. 3202. Duties of the Secretary of State (a) Designation The Secretary shall designate a senior official in the Department of State to conduct the activities of the Secretary under this subtitle. (b) Duties The Secretary’s designee shall work with the Assistant Secretary for Democracy, Human Rights, and Labor, the Ambassador-at-Large for Global Women’s Issues, and the heads of other of relevant bureaus and offices of the Department of State and other Federal agencies to— (1) prepare the comprehensive international strategy required under section 3203; (2) collect and analyze data about violence against women and girls internationally; and (3) compile and disseminate information about effective methods of prevention and response, including through the preparation of public reports. 3203. Comprehensive international strategy to prevent and respond to violence against women and girls (a) Development of strategy Not later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the Secretary, with the assistance of the Administrator, shall— (1) develop a comprehensive, 5-year international strategy to prevent and respond to violence against women and girls internationally; (2) submit the strategy developed under paragraph (1) to the appropriate congressional committees; and (3) make the strategy available to the public. (b) Collaboration and coordination In developing the strategy under subsection (a), the Secretary shall consult with— (1) Federal agencies with expertise preventing and responding to violence against women and girls or administering international programs; (2) the Senior Policy Operating Group on Trafficking in Persons; and (3) representatives of civil society organizations with demonstrated experience in combating violence against women and girls or promoting women’s health or women’s development issues internationally. (c) Content The strategy developed under subsection (a) shall— (1) identify 5 to 20 countries with significant levels of violence against women and girls, including within displaced communities, that have the government or nongovernment organizational capacity to manage and implement gender-based violence prevention and response program activities; (2) include individual, comprehensive plans for prevention and response in each of the countries identified under paragraph (1) (hereafter in this chapter referred to as country plans ); (3) estimate the resource requirements for carrying out each country plan, including the proposed sources of funding and amounts to be contributed by or sought from partner countries and other public and private donors; (4) specify the roles and responsibilities of each Federal agency in carrying out the strategy; (5) ensure that the country plans are integrated with Country Development Cooperation Strategies required under section 1018 and action plans for human rights and democracy required under section 3103, as appropriate; (6) explain the mechanisms and processes for consultation and coordination with partner countries and other public and private donors in all stages of planning and implementation of each country plan; and (7) describe the monitoring and evaluation mechanisms to be used for each country plan. (d) Activities Each country plan should incorporate at least 2 of the following activities: (1) Enhancing the capacity of the health sector to prevent and respond to violence against women and girls. (2) Developing and enforcing civil and criminal legal and judicial sanctions, protections, training, and capacity. (3) Supporting efforts to change social norms and attitudes so that violence against women and girls is neither condoned nor tolerated. (4) Expanding access of women and girls to quality education. (5) Increasing economic opportunities for women, including through access to credit, vocational training, property ownership, and inheritance rights. 3204. Assistance to prevent and respond to violence against women and girls internationally (a) In general The Secretary and the Administrator are authorized to use funds made available for economic assistance to carry out the comprehensive international strategy and country plans developed under section 3203 and to conduct research and collect and analyze data in accordance with section 3202. (b) Coordination of assistance The Secretary and the Administrator shall seek to ensure that programs, projects, and activities carried out under this subtitle are coordinated with related programs, projects, and activities carried out under other provisions of law. 3205. Definitions In this subtitle: (1) Prevention and response The term prevention and response means activities designed to prevent and respond to violence against women and girls. (2) Violence against women and girls The term violence against women and girls means any act of violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women or girls, including threats of such acts, coercion, or arbitrary deprivations of liberty, whether occurring in public or private life. C Rule of law 3301. Findings Congress finds the following: (1) Human security depends upon the existence of a system under which citizens are protected against arbitrary and abusive use of power, law and order are consistently maintained, and justice is effectively administered. (2) The rule of law must be carried out in accordance with international human rights standards, which include the equality and accountability of all individuals before the law regardless of political or social status; the protection of individuals against arbitrary or discriminatory treatment by, or with the acquiescence of, the government; the independence of the judiciary and the legal profession from other branches of government; the professional maintenance of law and order; and the transparent and fair administration of justice. (3) Responsible and effective criminal justice systems not only build the foundations for democracy and economic growth in developing countries, but also help to stem illicit activities, such as drug trafficking and terrorism, that threaten United States national interests. (4) Provision of rule of law assistance to foreign police and security forces is an inherently governmental function, which should be performed by, or under the direct supervision of, United States Government employees. (5) The United States should provide assistance to foreign law enforcement agencies only— (A) if such agencies have demonstrated a commitment to improving protection of the security, human rights and dignity of the civilian population; (B) within the context of a comprehensive program to strengthen the rule of law and improve the administration of justice; and (C) in conjunction with a system to monitor and evaluate the impact of such advice, training, and equipment. 3302. Global Rule of Law Policy Committee (a) Establishment The President shall establish a Global Rule of Law Policy Committee (hereafter in this section referred to as the Committee ), to include the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Defense, the Administrator, and the heads of other Federal agencies engaged in rule of law assistance. (b) Purpose The purpose of the Committee shall be to promote coordination among Federal agencies carrying out rule of law assistance and to build capacity to provide such assistance effectively. (c) Review The Committee shall have the authority to review any proposed legislative or legal advice to be provided by private contractors to foreign law enforcement agencies. (d) Coordination plan Not later than 180 days after the date of the enactment of this Act, the Committee shall establish a plan for the coordination of rule of law assistance, including— (1) building capacity within the United States Government to provide expert, long-term advice and training for foreign civilian law enforcement agencies and judicial systems; (2) utilizing such capacity currently existing within other donor countries and international and nongovernmental organizations; (3) delineating the roles and responsibilities of each Federal agency in carrying out rule of law assistance; (4) establishing general policies and principles guiding the provision of rule of law assistance; and (5) ensuring policy and program coordination among Federal agencies carrying out rule of law assistance. (e) Transmission to congress The coordination plan required under subsection (d) shall be transmitted to the appropriate congressional committees and made publicly available on the Internet. (f) Definition In this section, the term rule of law assistance means assistance under this or any other Act to combat crime, improve law enforcement, and strengthen the administration of justice in a foreign country, including assistance under sections 1803, 3303, and 5203. 3303. Assistance for rule of law (a) Nonlethal assistance The President is authorized to provide training, advice, and nonlethal equipment to eligible foreign law enforcement agencies to improve the capacity of such agencies to— (1) protect the safety and security of civilian populations, including through community policing; (2) promote respect for human rights and due process of law; (3) prevent and respond to violence against women and girls; (4) reduce organized crime, corruption, and financial crimes; (5) carry out investigative and forensic functions; (6) bring penal institutions into conformity with international humanitarian standards; (7) develop training curricula; (8) manage human and financial resources and carry out administrative functions, including internal discipline procedures; (9) conduct strategic planning and institutional reform consistent with civilian democratic control; (10) institute effective mechanisms for accountability and oversight; (11) develop constructive relationships with the communities they serve; (12) prevent disputes from escalating into violence; (13) respond appropriately and effectively in disasters and emergencies; (14) control and protect land, air and maritime borders, and enforce customs; (15) participate in international peace support operations; (16) monitor and enforce sanctions regimes; (17) detect and interdict trafficking in persons, weapons, narcotics, and other contraband; (18) conduct maritime law enforcement and border control; and (19) combat terrorism and violent extremism. (b) Administration of justice The President is authorized to assist eligible foreign law enforcement agencies to improve administration of justice, including through— (1) revision and modernization of legal codes and procedures; (2) improving transparency and efficiency of judicial processes; (3) professional training, scholarships, and exchanges of lawyers, judges, and other judicial officials; (4) building administrative and financial management capacity in the justice sector; (5) programs to enhance protection of witnesses and participants in judicial cases; (6) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, enforcement of ethical standards, and legal reform; (7) increasing the availability of legal materials and publications; (8) developing systems to ensure competent defense of indigent clients charged with crimes; (9) enhancing access of crime victims to legal information and services; and (10) programs to strengthen respect for the rule of law and internationally recognized human rights. (c) Eligible agencies A foreign law enforcement agency shall be eligible for assistance under this section only if— (1) the President determines, and reports to the appropriate congressional committees not less than 15 days in advance of providing such assistance, that such agency has demonstrated a commitment to improving protection of the security, human rights, and dignity of the civilian population; (2) the assistance will be used to strengthen democratic control over the police or prison authority or to improve adherence to international human rights standards; and (3) such agency is not otherwise prohibited by any provision of this Act from receiving assistance. (d) Accountability The Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this Act, conduct a review of the effectiveness and results of rule of law programs supported by the United States Government over the prior 5-year period, including their outcomes for human rights, in order to determine best practices and lessons learned for future programming. (e) Participation in foreign police actions (1) Prohibition on effecting an arrest No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action, notwithstanding any other provision of law. (2) Participation in arrest actions Paragraph (1) does not prohibit an officer or employee of the United States, with the approval of the United States chief of mission, from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest. (3) Exception for exigent, threatening circumstances Paragraph (1) does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public. (4) Exception for maritime law enforcement With the agreement of a foreign country, paragraph (1) does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters of that country. (5) Exception for status of forces arrangements This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable status of forces arrangements. 3304. Definition In this subtitle, the term foreign law enforcement agency means an agency— (1) with domestic arrest powers; (2) responsible for internal security, including the protection of life and property; and (3) that does not report to a defense ministry or similar or related entity of a foreign government and is not a military force. D Child protection 3401. Findings Congress finds that— (1) the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 ) and subsequent reauthorization Acts establish a comprehensive framework for monitoring and combating human trafficking, including that of children; (2) under the Trafficking Victims Protection Act of 2000, the Secretary annually identifies countries that do not comply with minimum standards for the elimination of trafficking, some of which are making significant efforts to bring themselves into compliance; (3) additional incentives should be provided to encourage countries to protect and rescue children subjected to severe forms of trafficking or sexual exploitation; and (4) such incentives can be provided in the form of assistance to countries that— (A) have a significant prevalence of trafficking in children; (B) agree to address institutional weaknesses within the government that result in the failure to protect vulnerable children and to rescue and properly rehabilitate victims; and (C) agree to enhance efforts to apprehend perpetrators who engage in severe forms of trafficking in children and bring them to justice in national courts of law. 3402. Child Protection Compacts (a) Authorization The Secretary, acting through the Office to Monitor and Combat Trafficking in Persons and in consultation with the Senior Policy Operating Group on Trafficking in Persons, is authorized to enter into a compact described in subsection (b) with an eligible country described in subsection (c) to protect and rescue children subjected to severe forms of trafficking or sexual exploitation. Such compact shall be known as a Child Protection Compact . (b) Compact (1) In general A compact described in this subsection is an agreement between the United States and an eligible country that establishes a multiyear plan to protect and rescue children subjected to severe forms of trafficking or sexual exploitation. (2) Elements A compact shall contain— (A) the specific objectives that the country and the United States expect to achieve during the term of the compact; (B) the responsibilities of the country and the United States in the achievement of such objectives; (C) the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative; (D) regular outcome indicators to monitor and measure progress toward achieving such objectives, including indicators for each program or initiative; (E) a multi-year financial plan, including the estimated amount of contributions by the United States and the country; and (F) the strategy of the country to sustain progress made toward achieving such objectives after expiration of the compact. (3) Programs and initiatives Programs and initiatives under a compact may include— (A) evaluating legal standards and practices and recommending improvements that will increase the likelihood of successful prosecutions; (B) training anti-trafficking police and investigators; (C) increasing public awareness of the risks and dangers of child trafficking; (D) building cooperation between domestic nongovernmental organizations and law enforcement agencies to identify and rescue victims; (E) making courts more friendly to victims; (F) providing rehabilitation and reintegration services for rescued children; (G) supporting innovative technology and improved data collection to prevent child trafficking, aid in the prosecution of criminals, and rescue victims; and (H) developing regional cooperative plans with neighboring countries to prevent cross-border trafficking of children and child sex tourism. (c) Eligible countries A country is eligible for a compact if the country— (1) is a developing country, in that term is defined in section 1023; (2) is a Tier II country or Tier II Watch List country; (3) has a documented high prevalence of trafficking of children; and (4) has demonstrated political will and sustained commitment by the government to undertake meaningful measures to address severe forms of trafficking of children, including— (A) enactment and enforcement of laws criminalizing trafficking in children with punishments commensurate with the crime, including, when necessary, against complicit government officials; (B) cooperation with local and international nongovernmental organizations with demonstrated expertise in combating the trafficking in children; and (C) the treatment of child trafficking victims in accordance with Article 6(3) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. 3403. Authorization of assistance (a) In general The Secretary is authorized to use funds made available under this Act for economic assistance to— (1) develop a Child Protection Compact between the United States and an eligible country under section 3402; and (2) provide assistance to an eligible entity described in subsection (b) to carry out a Child Protection Compact. (b) Eligible entities In carrying out a Child Protection Compact, the Secretary may provide assistance to— (1) the national government of the eligible country under section 3402; (2) regional or local governmental units of an eligible country under section 3402; (3) a regional or international organization; or (4) a nongovernmental organization or a private entity with expertise in the protection of vulnerable children, the investigation and prosecution of those who engage in or benefit from child trafficking, or the rescue of child victims of trafficking. 3404. Suspension and termination of assistance (a) Suspension and termination of assistance The Secretary shall suspend or terminate assistance under section 3403 in whole or in part for an eligible entity under section 3403 if the Secretary determines that— (1) the entity is engaged in activities that are contrary to the national security interests of the United States; (2) the entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or (3) the entity has failed to adhere to its responsibilities under the Child Protection Compact. (b) Reinstatement The Secretary may reinstate assistance that has been suspended or terminated under subsection (a) only if the Secretary determines that the entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated. (c) Congressional notification Not later than 3 days after the date on which the Secretary suspends or terminates assistance under subsection (a) for an entity, or reinstates assistance under subsection (b) for an entity, the Secretary shall submit to the appropriate congressional committees a report that contains the determination of the Secretary under subsection (a) or subsection (b), as the case may be. 3405. Congressional notification (a) Prior consultation Not later than 15 days prior to the start of negotiations of a Child Protection Compact with a country, the Ambassador shall consult with the appropriate congressional committees. (b) Congressional notification Not later than 10 days after entering into a Child Protection Compact with a country, the Ambassador shall notify the appropriate congressional committees, and shall provide a detailed summary of the Compact and a copy of the text of the Compact. (c) Monitoring and evaluation The Ambassador shall ensure that regular monitoring reports for each compact are prepared and made available to the appropriate congressional committees, and that an independent impact evaluation is conducted upon the completion of a compact. 3406. Definitions In this subtitle: (1) Ambassador The term Ambassador means the Ambassador-at-Large of the Department of State’s Office to Monitor and Combat Trafficking in Persons. (2) Child protection The term child protection means efforts to prevent and respond to violence, exploitation, and abuse against children. (3) Compact The term Child Protection Compact or Compact means a Child Protection Compact described in section 3402. (4) Severe forms of trafficking The term severe forms of trafficking in persons means— (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (5) Tier ii countries and tier ii watch list countries The terms Tier II countries and Tier II Watch List countries mean those countries designated by the Secretary as not meeting minimum standards for the elimination of trafficking. IV Building and reinforcing strategic partnerships 4001. Findings Congress finds the following: (1) The ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments, in which the use of force has been subordinated to the rule of law, and in which international adjustments to a changing world are achieved peacefully. (2) In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements; discourage arms races; and encourage restraint in the provision of armaments, especially small arms and light weapons and advanced conventional weapons, to countries in regions of instability. (3) The efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. (4) The peace of the world and the security of the United States are endangered so long as hostile countries continue by threat of military action, by the use of economic pressure, by their active or permissive support of terrorists, terrorist organizations and extremism, and by internal subversion, or other means to attempt to undermine the peace, security, human rights, political freedoms, civil rights, or prosperity of others. (5) Peace and security for all is endangered by the failure of countries to live up to their sovereign responsibilities to protect civilian populations from violence, reduce terrorism, halt the spread of dangerous materials, and control transnational crime. (6) It is in the interest of the United States to help foreign countries build capable and accountable military, police, customs, and other security forces, under civilian democratic control, in order to exercise their sovereign responsibilities. (7) Extreme poverty and underdevelopment are threats to peace. The provision of foreign assistance under this title to developing countries must take into account how the foreign assistance will affect such countries’ social and economic development and whether the foreign assistance is diverting resources away from development efforts that meet basic needs of the population and address root causes of instability. (8) Weapons and weapons systems are not and should not be considered to be normal commodities for international trade, and the United States should permit such sales only to the extent that such sales directly support United States foreign policy and national security objectives. (9) Foreign assistance under this title should not be provided if such foreign assistance will likely— (A) contribute to an arms race or regional instability; (B) increase the possibility of outbreak or escalation of conflict, either within or across the borders of the recipient country; (C) support international terrorism; (D) prejudice the development of bilateral or multilateral arms control arrangements; (E) adversely affect the arms control or nonproliferation policy of the United States; (F) be in excess to the legitimate defense needs of the recipient country in terms of the actual threats to its national security it faces; or (G) undermine the objectives and purposes to promote and protect human rights and democracy under title III. 4002. Statement of policy It is the policy of the United States— (1) to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of security, political independence and individual liberty, improving the ability of friendly countries and international organizations to deter or, if necessary, defeat aggression in whatever form, facilitating arrangements for individual and collective security, assisting friendly countries to provide for their legitimate defense needs, and creating an environment of security and stability in the developing friendly countries essential to their more rapid social, economic, and political progress; (2) to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments; (3) to exert maximum efforts to achieve universal control of weapons of mass destruction, the securing and control of the means to produce and deliver them, and universal regulation and reduction of armaments, including armed forces, under adequate safeguards to protect complying countries against violation, aggression, and invasion; (4) to administer United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and international organizations in a manner consistent with the goals described in section 4003; (5) to achieve international peace and security through the United Nations and the diplomatic settlement of disputes so that armed force shall not be used except for individual or collective self-defense; (6) to encourage all other countries to join in a common undertaking to meet the goals described in section 4003; and (7) to give priority for the provision of foreign assistance under this title to the needs of those countries in danger of becoming victims of aggression, terrorism, or intimidation by conventional or non-conventional military means. 4003. Goals of assistance (a) In General The provision of foreign assistance under this title to any country or organization shall be furnished solely to achieve the following goals: (1) To improve the ability of the country or organization to meet its legitimate defense and internal security needs. (2) To assist and encourage the country or organization to recognize and effectively address problems that threaten United States security, including terrorism, proliferation of weapons and dangerous technologies, environmental destruction, the spread of deadly disease, and transnational crime. (3) To protect civilian populations from violence, including criminal violence. (4) To permit the country or organization to participate in regional or collective arrangements or measures requested by the United Nations, or consistent with the Charter of the United Nations, for the purpose of maintaining or restoring international peace and security. (5) To increase the professionalization, transparency, accountability, humanitarian and disaster response capacity, or human rights record of the security forces of the country or organization, and the effective control of such security forces by civilian democratic authorities. (6) To promote a social, economic, and political environment conducive to stable peace in the country or region. (b) Biennial review and report (1) Review In carrying out the requirements of section 8201 with respect to security assistance, the Secretary shall, for each country to which such assistance is provided— (A) review the extent to which such assistance is achieving the goals of subsection (a); (B) review the impact of such assistance on internationally recognized human rights; and (C) incorporate the results of such review into decisions regarding the provision and design of security assistance. (2) Biennial report Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the result of the review required under paragraph (1) and the steps taken to incorporate the results of such review into security assistance decisionmaking. A Economic Support Fund 4101. Findings and statement of policy (a) Findings Congress finds the following: (1) Conflict, violence, anarchy, and instability, fueled by problems such as tyranny and oppression, corruption and financial mismanagement, ethnic and religious discrimination and discord, competition over resources, and other sources of tension, are among the greatest threats to United States national security. (2) Terrorism and violent extremism undermine the stability and survival of states, the protection of democratic freedoms, the vitality of economies and markets, and the lives of civilian populations. (3) United States leadership is essential to countering terrorism and violent extremism, fostering political and economic stability, and reaching comprehensive, just and lasting peace agreements. (4) To reduce the need for military force, the United States must develop and maintain a broad range of efficient and effective diplomatic and economic tools to promote peaceful resolution of conflict and to prevent the collapse of weak and fragile states. (5) Efforts to promote international peace and stability are most effective when undertaken on a multilateral basis, in concert with strategic partners. (6) Prudent investment of United States resources to assist, through bilateral and collective efforts, in preventing or containing armed conflict, in restoring peace and stability, and in addressing the sources of conflict, is essential for achieving a peaceful world. (7) While stability is a necessary precursor to long-term development, stabilization programming often has different objectives, beneficiaries, modalities, and measurement tools than long-term development programming, and should be justified, budgeted, and evaluated according to different criteria. (b) Statement of policy It is the policy of the United States to deepen engagement with close allies and partners, and to develop relations with new partners, to prevent violent conflict, resolve underlying grievances fairly, and build sustainable peace. 4102. Goal and objectives (a) Goal The goal of foreign assistance under this subtitle is to expand strategic partnerships to prevent violent conflict, resolve underlying grievances fairly, and build sustainable peace. (b) Objectives In furtherance of the goal described in subsection (a), foreign assistance under this subtitle shall be designed to achieve the following objectives: (1) Promoting and supporting peace agreements. (2) Increasing economic and political stability. (3) Facilitating participation in collective diplomatic and security efforts. (4) Strengthening democratic governance. 4103. Economic Support Fund (a) Authorization The President is authorized to provide foreign assistance under this subtitle to countries and organizations, on such terms and conditions as the President may determine, in order to achieve the goal and objectives of this subtitle. Such foreign assistance shall be known as Economic Support Fund assistance. (b) Relationship to development assistance Foreign assistance under this subtitle— (1) should be designed to complement assistance under title I and should be linked with subsequent medium-term and long-term development programs; (2) shall be provided, to the maximum extent feasible, consistent with the policy directions, purposes, and programs of title I; and (3) is authorized to be provided for countries in amounts that could not be justified solely under assistance under title I. (c) Role of the secretary The Secretary shall be responsible for policy decisions and justifications for foreign assistance under this subtitle, including determinations of whether to provide foreign assistance to a country or organization and the amount of such foreign assistance. The Secretary shall exercise this responsibility in coordination with the Administrator. (d) Information To be provided The annual congressional budget justification required under section 8302 and the database required under section 8301 shall include information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary and balance-of-payments support provided, and the amounts and kinds of project assistance provided with funds made available under this subtitle. (e) Non-Military purposes Amounts made available to carry out this subtitle may not be used for military or paramilitary purposes and may not be carried out by military forces. (f) Availability of funds Amounts made available to carry out this subtitle are authorized to remain available until expended. 4104. Cash transfer assistance (a) In general The Secretary is authorized to provide foreign assistance under this subtitle in the form of cash grant transfers, balance-of-payments support, or other non-project assistance only to the extent and in the amounts justified in the annual congressional budget justification required under section 8302 or as subsequently notified to Congress pursuant to section 8401. (b) Separate accounts A country or organization receiving foreign assistance in the form of cash transfers or non-project sector assistance shall be required to maintain such funds in a separate account and not commingle them with any other funds. (c) Use of funds Funds placed into a separate account pursuant to subsection (b) may be obligated and expended notwithstanding commodity restrictions (as defined in section 10001). B Security partnerships 1 General authorities 4211. Authorization of assistance (a) Authorization (1) In general The President is authorized to provide foreign assistance under this subtitle to any country or organization that is eligible to receive such assistance in order to promote security in the country or region. (2) Terms and conditions The President may provide foreign assistance under this subtitle on such terms and conditions as the President may determine. (b) Types of assistance Assistance provided under subsection (a) includes— (1) acquiring from any source and providing by grant any defense article or defense service; (2) assigning or detailing members of the United States Armed Forces and other personnel of the Department of Defense, the Department of State, or any other Federal agency, to perform duties of a non-combatant nature; or (3) transferring such amounts made available under this title as the President may determine for assistance to the country or organization to the account in which amounts for the procurement of defense articles and defense services under section 4311 and section 4312 have been deposited for the country or organization, to be merged with such deposited funds, and to be used solely to meet obligations of the country or organization for payment for sales of defense items and services under this title. (c) Exclusion of certain costs Sales that are wholly paid from funds transferred under subsection (b)(3) or from funds made available on a non-repayable basis under section 4311 shall be priced to exclude the costs of salaries of members of the United States Armed Forces (other than the Coast Guard). 4212. Conditions of assistance (a) In general Consistent with the requirements of sections 4361 and 4362, foreign assistance authorized under this subtitle, including defense articles, defense services, or related training, may be provided to any country or organization if the country or organization (as the case may be) has agreed that— (1) it will not transfer title to, or possession or use of, any defense article, defense service, or related training so provided to it, or produced pursuant to a cooperative project agreement, to anyone who is not an officer, employee, or agent of the country or organization (as the case may be) or the specific member countries (other than the United States) in the case of a cooperative project agreement, without the prior consent of the President; (2) it will maintain the security of such articles, services, or related training and will provide substantially the same degree of security protection afforded to such articles, services, or related training by the United States Government; (3) it will, as the President may require, permit continuous observation and review by, and provide necessary information to, representatives of the United States Government with regard to the use of such articles, services, or related training; and (4) unless the President consents to other disposition, it will return to the United States Government for such use or disposition as the President considers in the best interests of the United States, such articles, services, or related training which are no longer needed for the purposes for which provided. (b) Certification (1) In general The Secretary may not give consent under section 4361 to the retransfer of any defense article or defense service that would be, if it were a sale, subject to the requirements of section 4382 (regarding congressional certification of sensitive foreign military sales and agreements), unless the Secretary submits to the appropriate congressional committees a written certification with respect to such proposed retransfer containing— (A) the name of the country or organization proposing to make such retransfer; (B) a description of such article or service proposed to be retransferred, including its acquisition cost; (C) the name of the proposed recipient of such article or service; (D) the reasons for such proposed retransfer; and (E) the date on which such retransfer is proposed to be made. (2) Form Any certification submitted to the appropriate congressional committees pursuant to paragraph (1)— (A) shall be submitted in unclassified form, except that information regarding the dollar value and number of defense articles or defense services proposed to be retransferred may be submitted in classified form if public disclosure thereof would be clearly detrimental to the security of the United States; and (B) shall be subject to the requirements of sections 4384. (3) Exception Paragraph (1) shall not apply to an export that has been exempted from the licensing requirements of this title pursuant to an agreement pursuant to section 4341. (c) Exception for incorporated components The consent of the President under subsection (a)(1) shall not be required for the transfer by a foreign country or international organization of defense articles sold by the United States under this Act if— (1) such articles constitute components incorporated into foreign defense articles; (2) the recipient is the government of a strategic United States ally; (3) the recipient is not a country designated under section 9401; (4) the United States-origin components are not— (A) significant military equipment; (B) defense articles for which notification to Congress is required under section 4382; and (C) identified by regulation as Missile Technology Control Regime items; and (5) the foreign country or international organization provides notification of the transfer of the defense articles to the United States Government not later than 30 days after the date of such transfer. 4213. Prohibition for misuse of United States assistance (a) Prohibition No foreign assistance may be provided under this subtitle, subtitle C, or any predecessor Act to any country or organization if the Secretary has credible information the country or organization (as the case may be) uses or has used assistance, including defense articles or defense services, provided under this title or any predecessor Act in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to this title or any such Act— (1) by using such articles or services for a purpose not authorized under section 4301 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4301, for a purpose not authorized under such agreement; or (2) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the country or organization without the prior consent of the United States; or (3) by failing to maintain the security of such articles or services, including attempts to obtain classified or proprietary information or technology from such articles or services. (b) Congressional notification (1) In general The Secretary shall notify the appropriate congressional committees promptly upon the receipt of credible information that a country or organization may have committed a violation described in subsection (a), and what actions are being taken to implement the prohibition under that subsection. The President shall ensure that the appropriate United States Government departments and agencies provide to the Secretary without delay any and all information relating to a violation described in subsection (a). (2) Timing The notification required under paragraph (1) with respect to a country or organization shall occur before a certification required under chapter 6 of subtitle C relating to a proposed export of a defense article or defense service to the country or organization. (c) Reinstatement The prohibition on assistance under subsection (a) shall cease to be effective for any country or organization if the Secretary determines and notifies the appropriate congressional committees that— (1) the violation for which the prohibition was imposed has ceased; (2) the country or organization (as the case may be) has given assurances satisfactory to the Secretary that the violation will not recur; and (3) the country or organization (as the case may be) has taken sufficient steps to prevent a recurrence of any similar violation; or (4) the Secretary has determined that the violation did not in fact occur. (d) Waiver The Secretary may waive the prohibition on assistance under subsection (a) for any country or organization if the Secretary determines and notifies the appropriate congressional committees that such prohibition on assistance would have a significant adverse impact on the security of the United States. (e) Review and report (1) Review Not later than 180 days after the date of the enactment of this Act, and every 3 years thereafter, the Inspector General of the Department of State shall conduct a review of investigations by the Department of State of any and all possible occasions of misuse of defense articles and defense services by countries and organizations to determine whether the Department of State has fully complied with the requirements of this section, as well as with the Department of State’s internal procedures (and whether such procedures are adequate), for reporting to Congress any information regarding the unlawful use or transfer of defense articles and defense services by such countries and organizations. (2) Report The Inspector General of the Department of State shall submit to the appropriate congressional committees for each of fiscal years 2014 through 2017 a report that contains the findings and results of the review conducted under paragraph (1). The report shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex. 2 Drawdown authority 4221. Authorization of emergency assistance (a) Authorization If the President determines that— (1) an unforeseen emergency exists which requires the immediate provision of assistance authorized under this subtitle to a country or organization, and (2) the emergency requirement cannot be met under the authority of any other provision of law except this section, the President may direct, in order to meet the goals described in section 4003, the drawdown of articles and services, including training, from any Federal agency of an aggregate value of not to exceed $250,000,000 in any fiscal year. (b) Congressional notification The President may exercise the authority of subsection (a) with respect to an emergency described in subsection (a) only if the President first notifies the appropriate congressional committees. 4222. Authorization of non-emergency assistance (a) In general If the President determines that it is in the national interest of the United States to drawdown articles and services from the inventory and resources of any Federal agency, including military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training— (1) for purposes of providing foreign assistance, as administered by the Department of State, under this Act; (2) for purposes of providing assistance under the Migration and Refugee Assistance Act of 1962; or (3) to support cooperative efforts with Vietnam, Cambodia, or Laos to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War, including for purposes of— (A) ensuring the safety of United States Government personnel engaged in such cooperative efforts; and (B) supporting Department of Defense-sponsored humanitarian projects associated with such efforts. (b) Limitation An aggregate value of not to exceed $250,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subsection (a). (c) Notification The authority contained in this section shall be effective for any such drawdown only upon notification to the appropriate congressional committees at least 15 days prior to such drawdown in accordance with the procedures applicable to reprogramming notifications. 4223. Commercial transportation and related services For purposes of this chapter, a drawdown of articles or services may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the United States Government of providing such services from existing assets of the applicable Federal agency. 4224. Report (a) In general The Secretary shall keep the appropriate congressional committees fully and currently informed of assistance provided to a country or organization under this chapter, including by submitting to the appropriate congressional committees a report describing such assistance delivered to each country or organization upon delivery of such articles or upon completion of such services or education and training. (b) Publication on website The Secretary shall publish each report required under subsection (a) on the Internet website of the Department of State upon submission of the report to the appropriate congressional committees. 3 Loans of defense articles 4231. Loan requirements In addition to such other terms and conditions as the President may determine pursuant to section 4211, defense articles and defense services may be loaned under such section only if— (1) there is a bona fide reason, other than the shortage of funds, for providing such articles on a loan basis rather than on a grant basis; (2) there is a reasonable expectation that such articles will be returned to the Federal agency making the loan at the end of the loan period unless the loan is then renewed; (3) the loan period is of fixed duration not exceeding five years, during which such article may be recalled for any reason by the United States; (4) the agency making the loan is reimbursed for the loan according to the provisions of section 4232; and (5) the loan agreement provides that— (A) if the defense article is damaged while on loan, the country or organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article; and (B) if the defense article is lost or destroyed while on loan, the country or organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article. 4232. Cost of loans (a) In general In the case of any loan of a defense article or defense service made under section 4211, there shall be a charge to the appropriation for security assistance for any fiscal year while such article or service is on loan in an amount based on— (1) the out-of-pocket expenses authorized to be incurred in connection with such loan during such fiscal year; and (2) the depreciation which occurs during such year while such article is on loan. (b) Inapplicability The provisions of this chapter shall not apply to any defense article or defense service, or portion thereof, acquired with funds made available for assistance under this title. 4 Stockpiling of defense articles 4241. General authority (a) In general The President is authorized to set aside, reserve, or otherwise earmark defense articles in the inventory of the Department of Defense, consistent with the provisions of this Act, for future use by any foreign country that is a strategic United States ally. (b) Notification (1) In general Except as provided in paragraph (2), not later than 15 days before making a defense article that has been set aside, reserved, or otherwise earmarked under the authority of this section made available to or for use by a foreign country described in subsection (a), the President shall transmit a notification of the proposed transfer to the appropriate congressional committees and to the Committees on Armed Services of the House of Representatives and the Senate. The notification shall identify the items to be transferred and the concessions to be received. (2) Exception If the President determines that an emergency exists that requires making a defense article available to a foreign country described in subsection (a), the President is authorized to make such defense article available immediately upon notification to the appropriate congressional committees. The President shall set forth the reasons for determining that such an emergency exists that warrants the immediate use of this authority. (c) Rule of construction No defense article transferred from any stockpile which is made available to or for use by any foreign country under this section may be considered an excess defense article for the purpose of determining the value thereof. 4242. Value of defense articles (a) In general The value of defense articles to be set aside, reserved, or earmarked or intended for use under this chapter in stockpiles located in foreign countries may not exceed $300,000,000 for a fiscal year, of which up to $200,000,000 may be made available for stockpiles in the State of Israel. (b) Value defined For purposes of this section, the term value means the acquisition cost plus crating, packing, handling, and transportation costs incurred in carrying out section 4241. 5 Foreign military financing 4251. General authority The President is authorized to finance the procurement of defense articles, defense services, and design and construction services by foreign countries and international organizations, on such terms and conditions as the President may determine consistent with the requirements of this chapter. 4252. Rule of construction References in any law to credits extended under this chapter or section 21 of the Arms Export Control Act shall be deemed to include reference to participations in credits. 4253. Audits For each fiscal year, the Secretary of Defense, as requested by the Director of the Defense Security Assistance Agency, shall conduct audits on a nonreimbursable basis of private firms that have entered into contracts with countries or organizations under which defense articles, defense services, or design and construction services are to be procured by such firms for such countries or organizations from financing under this chapter. 4254. Cash flow financing The Secretary may approve cash flow financing for Israel and Egypt for the procurement of defense articles, defense services, or design and construction services in excess of $100,000,000. 6 International military education and training 4261. Purpose The purpose of this chapter is to provide military education and training activities under this chapter that are designed— (1) to encourage effective and mutually beneficial relations and increased understanding between the United States and foreign countries in furtherance of the goals of international peace and security; (2) to improve the ability of foreign countries to utilize their resources, including defense articles and defense services obtained by such countries from the United States, with maximum effectiveness, thereby contributing to greater self-reliance by such countries; and (3) to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving respect and observance of internationally recognized human rights, the importance of civilian oversight and authority over security and national defense forces, and of accountability of defense personnel to civilian governments and courts. 4262. Military education and training for foreign military and defense personnel (a) Authority The Secretary is authorized to provide, on such terms and conditions as the Secretary may determine, military education and training to foreign military and defense personnel. (b) Requirements Professional military education and training provided under subsection (a) shall be designed to— (1) contribute to greater cooperation between the United States and the government of such foreign military and defense personnel on United States counternarcotics, counterterrorism, or counterproliferation efforts; and (2) foster greater respect for, and understanding of— (A) democracy and the rule of law, including the principle of civilian control of the military; and (B) internationally recognized human rights. (c) Selection of participants The selection of foreign military and defense personnel for training under this chapter shall be made in consultation with the Secretary of Defense. (d) Foreign military and defense personnel defined In this section, the term foreign military and defense personnel means members of the armed forces and civilian personnel of the defense ministry of a foreign country. 4263. Military education and training for foreign civilian personnel (a) Authority The Secretary is authorized to provide, on such terms and conditions as the Secretary may determine, military education and training to foreign civilian personnel, if such military education and training would contribute to— (1) civilian, democratic control of the military; (2) responsible defense resource management; (3) cooperation between military and law enforcement personnel with respect to counternarcotics, counterterrorism, or counterproliferation activities; or (4) improved military justice systems and procedures in accordance with internationally recognized human rights. (b) Foreign civilian personnel defined In this section, the term foreign civilian personnel includes legislators, representatives of civil society, and foreign governmental personnel of ministries other than ministries of defense. 4264. Locations of instruction Military education and training activities carried out under this chapter may be provided through— (1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad; (2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and (3) observation and orientation visits to military facilities and related activities in the United States and abroad. 4265. Reimbursement The Secretary shall seek reimbursement for military education and training provided under this chapter from countries using assistance under section 4251 to purchase such military education and training at a rate comparable to the rate charged to countries receiving grant assistance for military education and training under this chapter. 4266. Exchange of training and related support (a) Authority Subject to subsection (b), the Secretary, in consultation with the Secretary of Defense, is authorized to provide training and related support to foreign military and defense personnel (as defined in section 4262) and to foreign civilian personnel (as defined in section 4263). Such training and related support shall be provided by the Secretary of Defense and may include the provision of transportation, food services, health services, and logistics and the use of facilities and equipment. (b) Agreement or other arrangement required (1) In general Training and related support may be provided under this section only pursuant to an agreement or other arrangements providing for the provision by the country or organization, on a reciprocal basis, of comparable training and related support to the United States. (2) Reasonable period of time Such reciprocal training and related support shall be provided within a reasonable period of time (which may not be more than one year) of the provision of training and related support by the United States Government under this chapter. (c) Reimbursement requirement To the extent that a country or organization to which training and related support is provided under this section does not provide such comparable training and related support to the United States within a reasonable period of time, the Secretary shall require a country or organization to reimburse the United States for the full costs of the training and related support provided by the United States. (d) Regulations The President shall prescribe regulations for the provision of training and related support under this section. 7 Transfer of excess defense articles 4271. Transfer of excess defense articles (a) Authority To further the goals and objectives of United States foreign policy and the goals of this Act, the Secretary is authorized to transfer to foreign countries and international organizations excess defense articles under this section that have been designated by the Secretary of Defense as excess to the military needs of the United States, except for naval vessels subject to section 4275. (b) Limitations on transfers The Secretary may authorize the transfer of excess defense articles under this section only if— (1) such articles are drawn from existing stocks of the Department of Defense; (2) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; (3) the transfer of such articles will not have, in the judgment of the Secretary of Defense, an adverse impact on the military readiness of the United States; (4) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis; and (5) the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred. 4272. Terms of transfers (a) In general Excess defense articles may be transferred under section 4271 without cost to the recipient country or international organization. (b) Waiver of requirement for reimbursement of department of defense expenses section 10505(c) shall not apply with respect to the transfer to foreign countries and international organizations of excess defense articles (including transportation and related costs) under section 4271. (c) Transportation and related costs (1) In general Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 4271. (2) Exception Excess defense articles may be transported to a recipient country or international organization without charge if— (A) the Secretary determines that it is in the national interest of the United States to do so; (B) the total weight of the transfer does not exceed 50,000 pounds; and (C) such transportation is accomplished on a space available basis. 4273. Advance notification to Congress for transfer of certain excess defense articles (a) In general The Secretary may not transfer excess defense articles that are significant military equipment (as defined in section 4411) or excess defense articles valued (in terms of original acquisition cost) at $10,000,000 or more, under section 4271 until 30 days after the date on which the Secretary has provided notice of the proposed transfer to the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section 8401. (b) Contents Such notification shall include— (1) a statement outlining the purposes for which the article is being provided to the country, including whether such article has been previously provided to such country; (2) an assessment of the impact of the transfer on the military readiness of the United States; (3) an assessment of the impact of the transfer on the national technology and industrial base and, particularly, the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred; (4) a statement describing the current value of such article and the value of such article at acquisition; and (5) an assessment, if the article is a small arm or light weapon, of the risk that such article or article could be illicitly transferred to terrorist or criminal persons or groups or otherwise used for unauthorized purposes. 4274. Aggregate annual limitation The aggregate value of excess defense articles transferred to countries under section 4271 in any fiscal year may not exceed $500,000,000. 4275. Restrictions and conditions on transfers of naval vessels (a) In general A naval vessel that is in excess of 3,000 tons or that is less than 20 years of age may not be disposed of to a foreign country (whether by sale, lease, grant, loan, barter, transfer, or otherwise) unless the disposal of that vessel, or of a vessel of the class of that vessel, is authorized by law. A lease or loan of such a vessel under such a law may be made only in accordance with the provisions of this title. In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. (b) Costs of transfers Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient (notwithstanding section 4272(c)). (c) Repair and refurbishment in united states shipyards To the maximum extent practicable, the Secretary shall require, as a condition of the transfer of a vessel covered by this chapter, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of the recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. 8 Cooperative project agreements 4281. Authority to enter into cooperative project agreements (a) Authority The President is authorized to enter into a cooperative project agreement with one or more foreign countries that is undertaken in order to— (1) further the objectives of standardization, rationalization, and interoperability of the armed forces of the foreign country and the United States; or (2) enhance an ongoing multinational effort of the parties to the agreement to improve the conventional defense capabilities of the parties. (b) Matters To be included (1) In general A cooperative project agreement described in subsection (a) shall provide that each of the parties to the agreement will contribute to the cooperative project its equitable share of the full costs of the cooperative project and will receive an equitable share of the results of such cooperative project. (2) Full costs described The full costs of the cooperative project includes overhead costs, administrative costs, and costs of claims. (3) Contribution of funds or defense articles and defense services A party to the cooperative project agreement described in subsection (a) may contribute its equitable share of the full cost of the cooperative project in funds or in defense articles or defense services needed for the cooperative project. (4) Limitation on assistance Assistance provided under this Act to a foreign country may not be used by the foreign country to provide its equitable share of the full costs of the cooperative project under this section. (5) Limitation on worksharing, etc A cooperative project agreement described in subsection (a) may not impose a requirement on any party to the agreement for worksharing or other industrial or commercial compensation that is not specified in the terms of the agreement. 4282. Costs The President may enter into contracts or incur other obligations for a cooperative project described in section 4281 on behalf of the other parties to the cooperative project agreement described in section 4281, without charge to any appropriation or contract authorization, if each of the other parties to the cooperative project agreement agrees— (1) to pay its equitable share of the contract or other obligation; and (2) to make such funds available in such amounts and at such times as may be required by the contract or other obligation and to pay any damages and costs that may accrue from the performance of or cancellation of the contract or other obligation in advance of the time such payments, damages, or costs are due. 4283. Charges (a) In general The President may reduce or waive the charge or charges that would otherwise be considered appropriate under section 4314 in connection with sales under sections 4311 and 4312 if— (1) such sales are made as part of a cooperative project described in section 4281; and (2) the other parties to the cooperative project agreement described in section 4281 agree to reduce or waive corresponding charges. (b) Administrative surcharges; reimbursement Notwithstanding sections 4314(a)(1) and 4402(b), administrative surcharges shall not be increased on other sales made under this title in order to compensate for reductions or waivers of such surcharges under this section. Funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the United States Government for which reduction or waiver is approved by the President under this section. 4284. Certification Not less than 30 days before a cooperative project agreement described in section 4281 is signed on behalf of the United States, the President shall transmit to the appropriate congressional committees and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, a numbered certification with respect to such proposed agreement, setting forth— (1) a detailed description of the cooperative project with respect to which the certification is made; (2) an estimate of the quantity of the defense articles expected to be produced in furtherance of such cooperative project; (3) an estimate of the full cost of the cooperative project, with an estimate of the part of the full cost to be incurred by the United States Government, including an estimate of the costs as a result of waivers of sections 4314(a)(1) and 4402(b), for its participation in such cooperative project and an estimate of that part of the full costs to be incurred by the other participants; (4) an estimate of the dollar value of the funds to be contributed by the United States and each of the other participants on behalf of such cooperative project; (5) a description of the defense articles and defense services expected to be contributed by the United States and each of the other participants on behalf of such cooperative project; (6) a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project; and (7) to the extent known, whether it is likely that prime contracts will be awarded to particular prime contractors or that subcontracts will be awarded to particular subcontractors to comply with the proposed agreement. 4285. Authority in addition to other authorities The authority under this chapter is in addition to the authority under sections 4311 and 4312 and under any other provision of law. C Arms sales and related assistance 4301. Control of arms exports and imports (a) In general The President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. (b) Composition of United States munitions list (1) In general The President is authorized to designate those items that shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List. (2) Factors The President shall designate a defense article or defense service if it— (A) provides a critical military or intelligence advantage to the United States; or (B) would provide a military or intelligence advantage to countries other than the United States or to non-state actors to the detriment of the national security of United States friends and allies, or to the achievement of the foreign policy and national security objectives of the United States. (c) Purposes for which United States military sales are authorized Defense articles and defense services shall be sold or leased by the United States Government under this title to countries solely to meet the goals of assistance under section 4003. (d) Factors Decisions on issuing export licenses under this section shall ensure that the export of a defense article or defense service— (1) is justified in terms of its military utility related to the actual security threat by the recipient country; and (2) will not— (A) contribute to an arms race or regional instability; (B) aid in the development of weapons of mass destruction; (C) support domestic or international terrorism; (D) increase the possibility of outbreak or escalation of conflict, either within or across the borders of the recipient country; (E) prejudice the development of bilateral or multilateral arms control arrangements; (F) adversely affect the arms control or nonproliferation policy of the United States; (G) conflict with any international agreements, treaties or arrangements to which the United States is a party or adherent; (H) support blackmarket or greymarket trade in arms, either those transferred or obsolete arms to be replaced by the arms sale; or (I) undermine the objectives and purposes to promote and protect human rights and democracy under title III. (e) Sale requirement In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this title as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and defense services keep the President fully and currently informed of the progress and future prospects of such negotiations. 1 Foreign military sales and cooperation 4311. General authority (a) Sales from defense articles and defense services The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard, or design and construction services, to a foreign country or international organization if the country or international organization agrees to pay in United States dollars— (1) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof; (2) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or (3) in the case of a defense service (other than training covered in subsection (b)), or design and construction services, the full cost to the United States Government of providing such service. (b) Training (1) In general In the case of training sold to a foreign country or international organization that is concurrently receiving international military education and training assistance under this title, the country or international organization agrees to pay in United States dollars only those additional costs that are incurred by the United States Government in providing such assistance. (2) Other countries The President may provide training to a foreign country not receiving assistance under chapter 6 of subtitle B if the President determines and so notifies the appropriate congressional committees in each fiscal year for which such training is to be provided that providing such training to the country is in the national interest of the United States and the reasons for such determination. 4312. Procurement for foreign military cash sales (a) In general (1) Contracts Except as otherwise provided in this section, the President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of defense articles or defense services or design and construction services for sale for United States dollars to any foreign country or international organization if such country or international organization provides the United States Government with a dependable undertaking— (A) to pay the full amount of such contract which will assure the United States Government against any loss on the contract; and (B) to make funds available in such amounts and at such times as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due. (2) Interest Interest shall be charged on any net amount by which any such country or international organization is in arrears under all of its outstanding unliquidated dependable undertakings, considered collectively. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the net arrearage and shall be computed from the date of net arrearage. (b) Letters of offer (1) In general The President may, if the President determines it to be in the national interest of the United States, issue letters of offer under this section that provide for billing upon delivery of the defense article or rendering of the defense service and for payment within 120 days after the date of billing. (2) Requirement The authority of paragraph (1) may be exercised only if the President determines that the emergency requirements of the purchaser for acquisition of such defense articles and defense services exceed the ready availability to the purchaser of funds sufficient to make payments on a dependable undertaking basis and submits both determinations to Congress together with a special emergency request for authorization and appropriation of additional funds to finance such purchases under this Act. (3) Appropriations Appropriations available to the Department of Defense may be used to meet the payments required by the contracts for the procurement of defense articles and defense services and shall be reimbursed by the amounts subsequently received from the country or international organization to whom articles or services are sold. (c) Renegotiation Act of 1951 The provisions of the Renegotiation Act of 1951 do not apply to procurement contracts entered into under this section or predecessor provisions of law before, on, or after the date of the enactment of this Act. (d) Competitive pricing (1) Procurement contracts Procurement contracts made in implementation of sales under this section for defense articles and defense services wholly paid for from funds made available on a nonrepayable basis shall be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal, and other costing elements, as is applicable to procurements of like items purchased by the Department of Defense for its own use. (2) Direct costs Direct costs associated with meeting additional or unique requirements of the purchaser shall be allowable under contracts described in paragraph (1). Loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the Department of Defense for its own use. 4313. Payments (a) In general Except as provided in subsection (b), payment for defense articles or defense services under this chapter shall be made in advance or, if the President determines it to be in the national interest of the United States, upon delivery of the defense article or rendering of the defense service. (b) Exception If the President determines it to be in the national interest of the United States pursuant to subsection (a), billings for sales made under letters of offer issued under this section after the date of the enactment of this subsection may be dated and issued upon delivery of the defense article or rendering of the defense service and shall be due and payable upon receipt thereof by the purchasing country or international organization. (c) Interest (1) In general Interest shall be charged on any net amount due and payable which is not paid within 60 days after the date of such billing. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the billing and shall be computed from the date of billing. (2) Extension The President may extend such 60-day period to 120 days if the President determines that emergency requirements of the purchaser for acquisition of such defense articles or defense services exceed the ready availability to the purchaser of funds sufficient to pay the United States in full for such articles or services within such 60-day period and submits that determination to the Congress together with a special emergency request for the authorization and appropriation of additional funds to finance such purchases under this Act. 4314. Charges (a) In general Letters of offer for the sale of defense articles or defense services that are issued pursuant to section 4311 or 4312 shall include appropriate charges for— (1) administrative services, calculated on an average percentage basis to recover the full estimated costs (excluding a pro rata share of fixed base operations costs) of administration of sales made under this Act to all purchasers of such articles and services as specified in section 4402(b) and (c); (2) a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment (except for equipment wholly paid for either from funds transferred under section 4211(b)(3) or from funds made available on a nonrepayable basis under section 4251; and (3) the recovery of ordinary inventory losses associated with the sale from stock of defense articles that are being stored at the expense of the purchaser of such articles. (b) Waiver (1) Administrative charges The President may waive the charges for administrative services that would otherwise be required by— (A) subsection (a)(1) in connection with any sale to a foreign country, if the President determines that a waiver— (i) is in the national security interests of the United States; and (ii) will facilitate the ability of that country to detect, deter, prevent, defeat, or counter terrorist activities, or participate in, or support, military operations, coalition operations, or stability operations of the United States; or (B) subsection (a)(2) in connection with any sale to the Maintenance and Supply Agency of the North Atlantic Treaty Organization in support of— (i) a weapon system partnership agreement; or (ii) a NATO/SHAPE project. (2) Major defense equipment The President may reduce or waive the charge or charges that would otherwise be considered appropriate under subsection (a)(2) for a particular sale or for sales if the President determines that— (A) the reduction or waiver would significantly advance United States Government interests in standardization with the armed forces of a foreign country that is a strategic United States ally, or would promote foreign procurement in the United States under coproduction arrangements; (B) imposition of the charge or charges likely would result in the loss of the sale; or (C) in the case of a sale of major defense equipment that is also being procured for the use of the United States Armed Forces, the waiver of the charge or charges would (through a resulting increase in the total quantity of the equipment purchased from the source of the equipment that causes a reduction in the unit cost of the equipment) result in a savings to the United States on the cost of the equipment procured for the use of the United States Armed Forces that substantially offsets the revenue foregone by reason of the waiver of the charge or charges. (3) Increase in charges The President may waive, for particular sales of major defense equipment, any increase in a charge or charges previously considered appropriate under paragraph (2) of subsection (a) if the increase results from a correction of an estimate (reasonable when made) of the production quantity base that was used for calculating the charge or charges for purposes of such paragraph. 4315. Non-combat duties of United States personnel supporting foreign military sales (a) In general United States personnel performing defense services sold under this title may not perform any duties of a combatant nature, including any duties related to training and advising that may engage United States personnel in combat activities, outside the United States in connection with the performance of those defense services. (b) Report Within 48 hours of the existence of, or a change in status of significant hostilities or terrorist acts or a series of such acts, that may endanger lives or property of United States personnel, involving a country in which United States personnel are performing defense services pursuant to this title, the President shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, classified if necessary, setting forth— (1) the identity of such country; (2) a description of such hostilities or terrorist acts; and (3) the number of members of the United States Armed Forces and the number of United States civilian personnel that may be endangered by such hostilities or terrorist acts. 4316. Public information Any contract entered into between the United States and a foreign country under the authority of section 4311 or section 4312 shall be prepared in a manner that will permit the contract to be made available for public inspection to the fullest extent possible consistent with the national security of the United States. Such information shall be posted on the Internet website of the Department of State in a timely fashion. 4317. Standardization agreements (a) In general The President may enter into North Atlantic Treaty Organization standardization agreements in carrying out section 814 of the Department of Defense Appropriation Authorization Act, 1976 ( Public Law 94–106 ), and may enter into similar agreements with a country that is a strategic United States ally, for the cooperative furnishing of training on a bilateral or multilateral basis, if the financial principles of such agreements are based on reciprocity. (b) Reimbursement Each agreement shall include reimbursement for all direct costs but may exclude reimbursement for indirect costs, administrative surcharges, and costs of billeting of trainees (except to the extent that members of the United States Armed Forces occupying comparable accommodations are charged for such accommodations by the United States). (c) Congressional notification Each agreement shall be transmitted promptly to— (1) the appropriate congressional committees; and (2) the Committees on Appropriations and the Committees on Armed Services of the House of Representatives and the Senate. 4318. Quality assurance and related services (a) In general The President is authorized to provide, without charge, quality assurance, inspection, contract administration services, and contract audit defense services under this chapter— (1) in connection with the placement or administration of any contract or subcontract for defense articles, defense services, or design and construction services entered into under this Act on behalf of, a government that is a strategic United States ally, if such government provides such services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government; or (2) in connection with the placement or administration of any contract or subcontract for defense articles, defense services, or design and construction services pursuant to the North Atlantic Treaty Organization’s Security Investment program in accordance with an agreement under which the foreign governments participating in such program provide such services, without charge, in connection with similar contracts or subcontracts. (b) Cataloging data and cataloging services In carrying out the objectives of this section, the President is authorized to provide, without charge, cataloging data and cataloging services to the North Atlantic Treaty Organization or to any strategic United States ally if that Organization or ally provides such data and services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government. 4319. Restriction on sale of defense articles and defense services that would adversely affect United States combat readiness (a) Restriction The President may not sell defense articles and defense services if the sale of such articles or services would have significant adverse effect on the combat readiness of the United States Armed Forces. (b) Waiver and congressional notification (1) In general The President may waive the restriction in subsection (a) if the President determines that the possible significant adverse effect on the combat readiness of the United States Armed Forces is outweighed by the benefits to United States national security and transmits such determination to the appropriate congressional committees and to the Committees on Armed Services of the House of the Representatives and the Senate. (2) Statement Each such determination shall be accompanied with a statement that shall include the following information: (A) The country or international organization to which the sale is proposed to be made. (B) The amount of the proposed sale. (C) A description of the defense article or service proposed to be sold. (D) A full description of the impact which the proposed sale will have on the United States Armed Forces. (E) A justification for such proposed sale, including an explanation as to why, in the President’s judgment, benefits to United States national security from the sale outweighs the adverse impact on the readiness of the United States Armed Forces. 4320. Acquisition of foreign-United States origin defense articles (a) In general The President may acquire a repairable defense article from a foreign country or international organization if such defense article— (1) previously was transferred to such country or organization under this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act); (2) is not an end item; and (3) will be exchanged for a defense article of the same type that is in the stocks of the Department of Defense. (b) Limitation The President may exercise the authority provided in subsection (a) only to the extent that the Department of Defense— (1) (A) has a requirement for the defense article being returned; and (B) has available sufficient funds authorized and appropriated for such purpose; or (2) (A) is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act); and (B) has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act). (c) Requirement (1) In general The foreign government or international organization receiving a new or repaired defense article in exchange for a repairable defense article pursuant to subsection (a) shall, upon the acceptance by the United States Government of the repairable defense article being returned, be charged the total cost associated with the repair and replacement transaction. (2) Cost The total cost charged pursuant to paragraph (1) shall be the same as that charged the United States Armed Forces for a similar repair and replacement transaction, plus an administrative surcharge in accordance with section 4314(a)(1). (d) Relationship to certain other provisions of law The authority of the President to accept the return of a repairable defense article as provided in subsection (a) shall not be subject to chapter 137 of title 10, United States Code, or any other provision of law relating to the conclusion of contracts. 4321. Return of defense articles (a) In general The President may accept the return of a defense article from a foreign country or international organization if such defense article— (1) previously was transferred to such country or organization under this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act); (2) is not significant military equipment (as defined in section 4411); and (3) is in fully functioning condition without need of repair or rehabilitation. (b) Limitation The President may exercise the authority provided in subsection (a) only to the extent that the Department of Defense— (1) (A) has a requirement for the defense article being returned; and (B) has available sufficient funds authorized and appropriated for such purpose; or (2) (A) is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act); and (B) has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act or predecessor Act (as in effect on the day before the date of the enactment of this Act). (c) Credit for transaction Upon acquisition and acceptance by the United States Government of a defense article under subsection (a), the appropriate Foreign Military Sales account of the provider shall be credited to reflect the transaction. (d) Relationship to certain other provisions of law The authority of the President to accept the return of a defense article as provided in subsection (a) shall not be subject to chapter 137 of title 10, United States Code, or any other provision of law relating to the conclusion of contracts. 4322. Sale of obsolete naval vessels For purposes of section 4311(a), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense. 4323. Annual estimate and justification for sales program (a) Report Except as provided in subsection (d), not later than February 1 of each year, the President shall transmit to the appropriate congressional committees, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— (1) an Arms Sales Proposal covering all sales and licensed commercial exports under this title of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year and are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; (2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign country from the United States; (3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; (4) an estimate with regard to the international volume of arms traffic to and from countries purchasing arms as set forth in paragraphs (1) and (2), together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding calendar year; (5) (A) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; and (B) for each country that is proposed to be furnished credits or guaranties under this Act in the next fiscal year and that has been approved for cash flow financing in excess of $100,000,000 as of October 1 of the current fiscal year— (i) the amount of such approved cash flow financing; (ii) a description of administrative ceilings and controls applied, and (iii) a description of the financial resources otherwise available to such country to pay such approved cash flow financing; (6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under section 4402(b) or section 4311(a), including the number of personnel involved in performing such services; (7) the status of— (A) each loan and each contract of guaranty or insurance theretofore made under this title, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; and (B) each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under this title or predecessor Acts with respect to which there remains outstanding any unpaid obligation or potential liability; (8) (A) a detailed accounting of all articles, services, credits, guarantees, or any other form of assistance furnished by the United States to each country and international organization, including payments to the United Nations, during the preceding fiscal year for the detection and clearance of landmines, including activities relating to the furnishing of education, training, and technical assistance for the detection and clearance of landmines; and (B) for each provision of law making funds available or authorizing appropriations for demining activities described in subparagraph (A), an analysis and description of the objectives and activities undertaken during the preceding fiscal year, including the number of personnel involved in performing such activities; (9) a list of weapons systems that are significant military equipment, and numbers thereof, that are believed likely to become available for transfer as excess defense articles during the next 12 months; and (10) such other information as the President may deem necessary. (b) Additional information Not later than 30 days following the receipt of a request made by any of the appropriate congressional committees for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committees. (c) Form The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, the President shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information. (d) Additional requirement The information required by subsection (a)(4) of this section shall be transmitted to Congress not later than April 1 of each year. 4324. Sales to United States companies for incorporation into end items (a) General authority (1) In general Subject to the conditions specified in subsection (b), the President may, on a negotiated contract basis, under cash terms— (A) sell defense articles at not less than their estimated replacement cost (or actual cost in the case of services); or (B) procure or manufacture and sell defense articles at not less than their contract or manufacturing cost to the United States Government, to any United States company for incorporation into end items (and for concurrent or follow-on support) to be sold by such a company either— (i) on a direct commercial basis to a foreign country or international organization pursuant to an export license or approval under section 4301; or (ii) in the case of ammunition parts subject to subsection (b), using commercial practices which restrict actual delivery directly to a foreign country or international organization pursuant to approval under section 4301. (2) Additional authority The President may also sell defense services in support of such sales of defense articles, subject to the requirements of this chapter. Such services may be performed only in the United States. The amount of reimbursement received from such sales shall be credited to the current applicable appropriation, fund, or account of the selling agency of the United States Government. (b) Additional requirements Defense articles and defense services may be sold, procured and sold, or manufactured and sold, pursuant to subsection (a) only if— (1) the end item to which the articles apply is to be procured for the armed forces of a country or international organization; (2) the articles would be supplied to the prime contractor as government-furnished equipment or materials if the end item were being procured for the use of the United States Armed Forces; and (3) the articles and services are available only from United States Government sources or are not available to the prime contractor directly from United States commercial sources at such times as may be required to meet the prime contractor’s delivery schedule. 4325. Fiscal provisions relating to foreign military sales credits (a) In general Cash payments received under sections 4311 and funds received under section 4324 shall be available solely for payments to suppliers (including the military departments) and refunds to purchasers and shall not be available for financing credits. (b) Repayments for credits, disposition of certain instruments, and other collections Amounts received from foreign governments and international organizations as repayments for any credits extended pursuant to section 4251, and other collections (including fees and interest) shall be transferred to the miscellaneous receipts of the United States Treasury. 2 Arms export controls 4331. Licensing requirement for exporting or importing defense articles and defense services (a) In general Except as otherwise specifically provided in regulations issued under section 4301, defense articles, defense services, and design and construction services designated by the President under section 4301 may only be licensed for export or import in accordance with this title and regulations issued under this title. (b) Exceptions No license may be required for exports or imports made by or for a Federal agency— (1) for official use by personnel of a Federal agency; or (2) for carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other means. 4332. Impact of military expenditures on development (a) Review The Secretary shall conduct a review of the military expenditures of developing countries to— (1) identify those countries which the Secretary has credible evidence to believe— (A) are diverting official development assistance from any source to military purposes; (B) are devoting budgetary resources to arms purchases to a degree that materially interferes with the development of such countries; or (C) are accumulating unsustainable levels of debt to finance arms purchases; (2) take such action as the Secretary deems appropriate, including cessation of United States arms sales and working with other countries to do likewise, to reduce the impact of the military activities of the countries identified under paragraph (1) and acquisition of arms on the economic and political development of such countries. (b) Timing of Review and Report to Congress The Secretary shall complete the first review required under subsection (a) and submit to the appropriate congressional committees not later than one year after the enactment of this Act a report on all elements of subsection (a), including the actions the Secretary will take under subsection (a)(2), and the results of any such actions taken since the submission of the prior report to such committees. Subsequent reviews shall be conducted on a quadrennial basis, and reported to the appropriate congressional committees on the quadrennial anniversary of the first report. 4333. Requirement for registration by exporters (a) In general As prescribed in regulations issued under section 4301, every person (other than an officer or employee of the United States Government acting in an official capacity) who engages in the business of manufacturing, exporting, or importing defense articles or defense services designated by the President under section 4301 shall register with the Department of State, and shall pay a registration fee which shall be prescribed by such regulations. (b) Prohibition (1) In general Such regulations shall prohibit the return to the United States for sale in the United States (other than for the United States Armed Forces or its allies or for any State for local law enforcement agency) of any military firearms or ammunition of United States manufacture furnished to foreign governments by the United States under this Act, or predecessor Act, or any other foreign assistance or sales program of the United States, whether or not enhanced in value or improved in condition in a foreign country. (2) Exception The prohibition in paragraph (1) shall not extend to similar firearms that have been so substantially transformed as to become, in effect, articles of foreign manufacture. 4334. Identification of all consignees and freight forwarders The President shall require that each applicant for a license to export an item on the United States Munitions List identify in the application all consignees and freight forwarders involved in the proposed export. 4335. Brokering activities (a) In general As prescribed in regulations issued under this section, every person (other than an officer or employee of the United States Government acting in an official capacity) who engages in the business of brokering activities with respect to the manufacture, export, import, or transfer of any defense article or defense service designated by the President under section 4301, or in the business of brokering activities with respect to the manufacture, export, import, or transfer of any foreign defense article or defense service (as defined in subsection (c)), shall register with the United States Government agency charged with the administration of this section, and shall pay a registration fee which shall be prescribed by such regulations. (b) Brokering activities described Such brokering activities shall include the financing, transportation, freight forwarding, or taking of any other action that facilitates the sale, manufacture, export, or import of a defense article or defense service. (c) Licensing requirement No person may engage in the business of brokering activities described in subsection (a) without a license, issued in accordance with this title, except that no license shall be required for such activities undertaken by or for a Federal agency— (1) for use by a Federal agency; or (2) for carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other means. (d) Review of registration A copy of each registration made under this section shall be transmitted to the Secretary of the Treasury for review regarding law enforcement concerns. The Secretary shall report to the President regarding such concerns as necessary. 4336. Foreign persons (a) In general A license to export an item on the United States Munitions List may not be issued to a foreign person (other than a foreign government or international organization). (b) License requirement The President may require a license or other form of authorization before any item on the United States Munitions List is sold or otherwise transferred to the control or possession of a foreign person or a person acting on behalf of a foreign person. 4337. Review of United States Munitions List (a) In general The President shall periodically review the items on the United States Munitions List to determine what items, if any, no longer warrant export controls under this title. The results of such reviews shall be reported to the appropriate congressional committees. (b) Congressional notification and review The President may not remove any item from the United States Munitions List until 45 days after the date on which the President has provided notice of the proposed removal to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 8401, consistent with subsection (c) of this section. Such notice shall describe the nature of any controls to be imposed on that item under any other provision of law, and should provide a description of the item to be removed such that the appropriate congressional committees can fully assess the capabilities of the item and the potential impact on United States national security and foreign policy from its removal from the Munitions List. If the President proposes to remove classes or categories of items from the United States Munitions List, without enumerating individual items, then the President shall provide the appropriate congressional committees with a listing of items approved for export during the previous five years that would no longer be required for licenses under this title by virtue of being removed from the Munitions List. (c) Congressional Disapproval The President may not remove any item from the United States Munitions List if, during the 45 days required under subsection (b), Congress enacts a joint resolution of disapproval of the removal of such item, according to the procedures under section 4384(c) for consideration of a joint resolution. 4338. Licensing of missiles and missile equipment or technology (a) Establishment of List of Controlled Items The Secretary, in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 6(l) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) or similar provisions of any successor Act. (b) Referral of license applications (1) In general A determination of the Secretary to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense. (2) Referral Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents. (c) Information sharing The Secretary shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of National Intelligence, and with other appropriate Federal agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology. (d) Exports to space launch vehicle programs (1) In general Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this Act pursuant to United States obligations under the MTCR and are goods or services that are intended to support the design, utilization, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall transmit to Congress a report describing the licensed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. (2) Applicability The requirement contained in paragraph (1) shall not apply to licenses for exports to countries that are members of the MTCR as of as of the date of the enactment of this Act. 4339. Special licensing authorization for certain exports to strategic United States allies (a) Authorization The President may provide for special licensing authorization for exports of United States-manufactured spare and replacement parts or components listed in an application for such special licensing authorization in connection with defense items previously exported to a strategic United States ally. A special licensing authorization issued pursuant to this subsection shall be effective for a period not to exceed 5 years. (b) Certification An authorization may be issued under subsection (a) only if the applicable government of the country described in subsection (a), acting through the applicant for the authorization, certifies that— (1) the export of spare and replacement parts or components supports a defense item previously lawfully exported; (2) the spare and replacement parts or components will be transferred to a defense agency of the country that is a previously approved end-user of the defense item and not to a distributor or a foreign consignee of the defense item; (3) the spare and replacement parts or components will not to be used to materially enhance, optimize, or otherwise modify or upgrade the capability of the defense item; (4) the spare and replacement parts or components relate to a defense item that is owned, operated, and in the inventory of the armed forces of the country; (5) the export of spare and replacement parts or components will be effected using the freight forwarder designated by the purchasing country’s diplomatic mission as responsible for handling transfers as required under regulations; and (6) the spare and replacement parts or components to be exported under the special licensing authorization are specifically identified in the application. (c) Limitation An authorization may not be issued under subsection (a) for purposes of establishing offshore procurement arrangements or producing defense articles offshore. (d) Definition (1) In general In this section, the term United States-manufactured spare and replacement parts or components or spare and replacement parts or components means spare and replacement parts or components— (A) with respect to which— (i) United States-origin content costs constitute at least 85 percent of the total content costs; (ii) United States manufacturing costs constitute at least 85 percent of the total manufacturing costs; and (iii) foreign content, if any, is limited to content from countries eligible to receive exports of items on the United States Munitions List (other than de minimis foreign content); (B) that were last substantially transformed in the United States; and (C) that are not— (i) classified as significant military equipment; or (ii) listed on the MTCR Annex. (2) Additional rule For purposes of paragraph (1)(A)(i) and (ii), the costs of non-United States-origin content and the costs of non-United States manufacturing shall be determined using the final price or final cost associated with the non-United States-origin content and non-United States manufacturing. (e) Inapplicability provisions (1) In general The provisions of this section shall not apply with respect to re-exports or re-transfers of spare and replacement parts or components and related services of defense items described in subsection (a). (2) Congressional notification The congressional notification requirements contained in this title shall not apply with respect to an authorization issued under subsection (a). 3 Leases of defense articles 4351. Leasing authority (a) In general The President may lease defense articles in the stocks of the Department of Defense to a foreign country or international organization if— (1) the President determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this subtitle; (2) the President determines that the articles are not for the time needed for public use; (3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and (4) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Government in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and, if the articles are lost or destroyed while leased— (A) in the event the United States intends to replace the articles lost or destroyed, the replacement cost (less any depreciation in the value) of the articles; or (B) in the event the United States does not intend to replace the articles lost or destroyed, an amount not less than the actual value (less any depreciation in the value) specified in the lease agreement. (b) Exceptions (1) In general The requirement of subsection (a)(4) shall not apply to leases entered into for purposes of cooperative research or development, military exercises, or communications or electronics interface projects. (2) Waivers The President may waive the requirement of subsection (a)(4)— (A) for reimbursement of depreciation for any defense article which has passed three-quarters of its normal service life if the President determines that to do so is important to the national security interest of the United States; (B) with respect to a lease which is made in exchange with the lessee for a lease on substantially reciprocal terms of defense articles for the Department of Defense, except that this waiver authority— (i) may be exercised only if the President submits to the appropriate congressional committees, and in addition the Committees on Appropriations of the House of Representatives and the Senate, a detailed notification for each lease with respect to which the authority is exercised; and (ii) may be exercised only— (I) on a fiscal year basis; and (II) with respect to one country or international organization for each lease. (3) Rule of construction Paragraph (2) does not constitute authorization of appropriations for payments by the United States for leased articles. (c) Duration (1) In general Each lease agreement under this section shall be for a fixed duration which may not exceed— (A) 5 years; and (B) a specified period of time required to complete major refurbishment work of the leased articles to be performed prior to the delivery of the leased articles, of not to exceed 5 years. (2) Termination Each lease agreement under this section shall provide that, at any time during the duration of the lease, the President may terminate the lease and require the immediate return of the leased articles. (3) Definition In this subsection, the term major refurbishment work means work for which the period of performance is 6 months or more. (d) Limitation Defense articles in the stocks of the Department of Defense may be leased or loaned to a foreign country or international organization only under the authority of this chapter or chapter 3 of subtitle B, and may not be leased to a foreign country or international organization under the authority of section 2667 of title 10, United States Code. 4352. Certification for leasing (a) In general Before entering into or renewing any agreement with a foreign country or international organization to lease any defense article under this chapter, or to loan any defense article this title for a period of 1 year or longer, the President shall transmit to the appropriate congressional committees and the Committees on Armed Services of the House of Representatives and the Senate, a written certification which specifies— (1) the country or international organization to which the article is to be leased or loaned; (2) the type, quantity, and value (in terms of replacement cost) of the article to be leased or loaned; (3) the terms and duration of the lease or loan; and (4) a justification for the lease or loan, including an explanation of why the article is being leased rather than sold under this subtitle. (b) Waiver (1) In general The President may waive the requirements of this section if the President states in the certification required by subsection (a) that an emergency exists which requires that it is in the national security interests of the United States to enter into the lease or loan immediately. (2) Justification If the President states in the certification that such an emergency exists, the President shall set forth in the certification a detailed justification for the President’s determination, including a description of the emergency circumstances that necessitate that the lease be entered into immediately and a discussion of the national security interests involved. (c) Deadline The certification required by subsection (a) shall be transmitted— (1) not less than 15 calendar days before the agreement is entered into or renewed in the case of an agreement with a strategic United States ally; or (2) not less than 30 calendar days before the agreement is entered into or renewed in the case of an agreement with any other country or organization. 4353. Application of other provisions of law Any reference to sales of defense articles under this subtitle in any provision of law restricting the countries or organizations to which such sales may be made shall be deemed to include a reference to leases of defense articles under this chapter. 4354. Loan of materials, supplies, and equipment for research and development purposes (a) Authority To loan (1) In general Except as provided in subsection (c), the Secretary of Defense, with the concurrence of the Secretary, may loan to a country that is a strategic United States ally or a major United States ally materials, supplies, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. The Secretary of Defense may accept as a loan or a gift from a country that is a strategic United States ally or a major United States ally materials, supplies, or equipment for such purpose. (2) Agreement Each loan or gift transaction entered into by the Secretary of Defense under this section shall be provided for under the terms of a written agreement between the Secretary of Defense and the country concerned. (3) Testing or evaluation A program of testing or evaluation for which the Secretary of Defense may loan materials, supplies, or equipment under this section includes a program of testing or evaluation conducted solely for the purpose of standardization, interchangeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the results of the testing or evaluation to the United States without charge. (b) Materials, supplies, or equipment The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a requirement for reimbursement of the United States if the Secretary of Defense— (1) determines that the success of the research, development, test, or evaluation depends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and (2) approves of the expenditure or consumption of such materials, supplies, or equipment. (c) Strategic and critical materials The Secretary of Defense may not loan to a country under this section any material if the material is a strategic and critical material and if, at the time the loan is to be made, the quantity of the material in the National Defense Stockpile (provided for under section 3 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b )) is less than the quantity of such material to be stockpiled, as determined by the President under section 3(a) of such Act. 4355. Special leasing authority The authority of section 4251 may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, other than major defense equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for the articles to be provided by commercial lease rather than by government-to-government sale under this subtitle. 4 Retransfers of United States defense articles 4361. Authority to approve retransfers (a) In general Subject to subsection (b), the Secretary is authorized, consistent with the provisions of this chapter, to approve a retransfer of any defense article or defense service transferred to a foreign country pursuant to the authority of this Act to another country. (b) Additional requirement The Secretary may not give consent to a retransfer of a defense article or defense service to a foreign country under subsection (a) if the United States is prohibited from transferring the defense article or defense service to the country, or would not license the export of such defense article or defense service to such country. 4362. Demilitarization for retransfer of significant defense articles The Secretary may not give consent to the retransfer of any significant defense articles on the United States Munitions List or successor list for controlling the export of United States munitions and related items, unless the foreign country requesting consent to retransfer— (1) agrees to demilitarize the defense articles prior to transfer; or (2) commits in writing to the United States Government that it will not transfer the defense articles if not demilitarized to any other foreign country or person without first obtaining the consent of the Secretary. 4363. Proceeds of sale of retransferred defense articles The Secretary may not provide any defense article to a foreign country or international organization on a grant basis unless the country or organization has agreed that in disposing or transferring the defense article— (1) the disposition or transfer will be made on a sales basis; and (2) the net proceeds of the sale will be provided to the United States Government. 4364. Certification (a) In general The Secretary may not give consent to a retransfer of a defense article or defense service that would be, if it were a sale, subject to the requirements of section 4382 (regarding congressional certification of sensitive foreign military sales and agreements), unless the Secretary submits to the appropriate congressional committees a written certification with respect to such proposed retransfer containing— (1) the name of the country or organization proposing to make such retransfer; (2) a description of such article or service proposed to be retransferred, including its acquisition cost; (3) the name of the proposed recipient of such article or service; (4) the reasons for such proposed retransfer; and (5) the date on which such retransfer is proposed to be made. (b) Form Any certification submitted to the appropriate congressional committees pursuant to paragraph (1)— (1) shall be submitted in unclassified form, except that information regarding the dollar value and number of defense articles or defense services proposed to be retransferred may be submitted in classified form if public disclosure thereof would be clearly detrimental to the security of the United States; and (2) shall be subject to the requirements of sections 4384. (c) Exception Paragraph (1) shall not apply to an export that has been exempted from the licensing requirements of this title pursuant to an agreement pursuant to section 4341. 5 Enforcement and monitoring of arms sales 4371. General authority (a) In general Except as provided in subsection (b), in carrying out functions under this Act with respect to the export of defense articles and defense services, the President is authorized to exercise the same powers concerning violations and enforcement that are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979 and by subsections (a) and (c) of section 12 of such Act (as continued in effect under the International Emergency Economic Powers Act), subject to the same terms and conditions as are applicable to such powers under such Act. (b) Exception Section 11(c)(2)(B) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary may assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that the names of the countries and the types and quantities of defense articles for which licenses are issued under this section shall not be withheld from public disclosure unless the President determines that the release of such information would be contrary to the national interest. (c) Rule of construction Nothing in this section shall be construed as authorizing the withholding of information from Congress. 4372. Criminal and civil penalties (a) In general Any person who willfully violates any provision of this Act relating to the export of defense articles and defense services, or any rule or regulation issued thereunder, or who willfully, in a registration or license application or required report, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined for each violation not more than $1,000,000, or imprisoned not more than 20 years, or both. (b) Illicit trafficking in the western hemisphere Any person who willfully exports to a country in the Western Hemisphere any small arm or light weapon without a license in violation of the requirements of this Act shall upon conviction be fined for each violation not less than $1,000,000 but not more than $3,000,000 and imprisoned for not more than 20 years, or both. 4373. Identification of persons of concern (a) In general The President shall develop appropriate mechanisms to identify, in connection with the export licensing process under this subtitle— (1) persons who are the subject of an indictment for, or have been convicted of, a violation under— (A) section 4372; (B) section 11 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2410 ) (as continued in effect under the International Emergency Economic Powers Act); (C) section 793, 794, or 798 of title 18, United States Code (relating to espionage involving defense or classified information) or section 2339A of such title (relating to providing material support to terrorists); (D) section 16 of the Trading with the Enemy Act ( 50 U.S.C. App. 16 ); (E) section 206 of the International Emergency Economic Powers Act (relating to foreign assets controls; 50 U.S.C. App. 1705 ); (F) section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd1 ) or section 104 of the Foreign Corrupt Practices Act ( 15 U.S.C. 78dd2 ); (G) chapter 105 of title 18, United States Code (relating to sabotage); (H) section 4(b) of the Internal Security Act of 1950 (relating to communication of classified information; 50 U.S.C. 783(b) ); (I) section 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 2272, 2274, 2275, and 2276); (J) section 601 of the National Security Act of 1947 (relating to intelligence identities protection; 50 U.S.C. 421 ); (K) section 603(b) or (c) of the Comprehensive Anti-Apartheid Act of 1986 ( 22 U.S.C. 5113(b) or (c)); or (L) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft ( 18 U.S.C. 2332g ), prohibitions governing atomic weapons ( 42 U.S.C. 2122 ), radiological dispersal devices ( 18 U.S.C. 2332h ), and variola virus ( 18 U.S.C. 175b ); (2) persons who are the subject of an indictment or have been convicted under section 371 of title 18, United States Code, for conspiracy to violate any of the provisions of law described in paragraph (1); and (3) persons who are ineligible— (A) to contract with, (B) to receive a license or other form of authorization to export from, or (C) to receive a license or other form of authorization to import defense articles or defense services from, any Federal agency. (b) Disapproval of application If the President determines that— (1) an applicant for a license to export under this subtitle is the subject of an indictment for a violation of any of the provisions of law described in subsection (a), (2) there is reasonable cause to believe that an applicant for a license to export under this subtitle has violated any of the provisions of law described in subsection (a), or (3) an applicant for a license to export under this subtitle is ineligible to contract with, or to receive a license or other form of authorization to import defense articles or defense services from, any Federal agency, the President may disapprove the export license application. The President shall consider requests by the Secretary of the Treasury to disapprove any export license application based on these criteria. (c) Prohibition on issuance of license To export items on the USML (1) In general A license to export an item on the United States Munitions List may not be issued to a person— (A) if the person, or any party to the export, has been convicted of violating a provision of law described in subsection (a); or (B) if the person, or any party to the export, is at the time of the license review ineligible to receive export licenses (or other forms of authorization to export) from any Federal agency. (2) Exception A license to export an item on the United States Munitions List may be issued to a person described in paragraph (1) if the President, after consultation with the Secretary of the Treasury, and after a thorough review of the circumstances surrounding the conviction or ineligibility to export, determines that appropriate steps have been taken to mitigate any law enforcement concerns. 4374. Standards to identify high-risk exports The Secretary shall, in coordination with the heads of appropriate Federal agencies, develop standards for identifying high-risk defense articles for regular end-use verification. 4375. Requirement of exporters to report shipment As prescribed in regulations issued under this chapter, a person to whom a license has been granted to export an item on the United States Munitions List shall, not later than 15 days after the item is exported, submit to the Department of State a report containing all shipment information, including a description of the item and the quantity, value, port of exit, and end-user and country of destination of the item. 4376. End-use monitoring of defense articles and defense services (a) Establishment of monitoring program (1) In general In order to improve accountability with respect to defense articles and defense services sold, leased, or exported under this Act and predecessor Acts, the President shall establish a program which provides for the end-use monitoring of the articles and services. (2) Requirements of program To the extent practicable, the program shall be— (A) established and carried out in accordance with the standards that apply for identifying high-risk exports for regular end-use verification developed under section 4374 (commonly referred to as the Blue Lantern program); and (B) designed to provide reasonable assurance that— (i) the recipient is complying with the requirements imposed by the United States Government with respect to use, transfers, and security of defense articles and defense services; and (ii) the articles and services are being used for the purposes for which they are provided. (b) Conduct of program In carrying out the program established under subsection (a), the President shall ensure that the program— (1) provides for the end-use verification of defense articles and defense services that incorporate sensitive technology, defense articles and defense services that are particularly vulnerable to diversion or other misuse, or defense articles or defense services whose diversion or other misuse could have significant consequences; and (2) prevents the diversion (through reverse engineering or other means) of technology incorporated in defense articles. (c) Report to Congress As part of the annual congressional budget justification submitted under section 8302, the President shall transmit to Congress a report describing the actions taken to implement this section, including a detailed accounting of the costs and number of personnel associated with the monitoring program. (d) Third country transfers For purposes of this section, defense articles and defense services sold, leased, or exported under this Act includes defense articles and defense services that are transferred to a third country or other third party and the numbers, range, and finding of end-use monitoring of United States transfers of small arms and light weapons. 4377. Fees of military sales agents and other payments (a) In general In accordance with such regulations as the Secretary may prescribe under subsection (b), the Secretary shall require adequate and timely reporting on political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with— (1) sales of defense articles or defense services, or of design and construction services under section 4312; or (2) commercial sales of defense articles or defense services licensed or approved under section 4301, to or for the armed forces of a foreign country or international organization in order to solicit, promote, or otherwise to secure the conclusion of such sales. (b) Regulations The regulations referred to in subsection (a) shall specify the amounts and the kinds of payments, offers, and agreements to be reported, and the form and timing of reports, and shall require reports on the names of sales agents and other persons receiving such payments. The Secretary shall by regulation require such recordkeeping as the Secretary determines is necessary. (c) Prohibition, limitation, conditions The Secretary may, by regulation, prohibit, limit, or prescribe conditions with respect to such contributions, gifts, commissions, and fees as the President determines will be in furtherance of the purposes of this Act. (d) Requirement for inclusion in procurement contract (1) In general No such contribution, gift, commission, or fee may be included, in whole or in part, in the amount paid under any procurement contract entered into under section 4312, unless the amount thereof is reasonable, allocable to such contract, and not made to a person who has solicited, promoted, or otherwise secured such sale, or has held himself out as being able to do so, through improper influence. (2) Definition For the purposes of this subsection, the term improper influence means influence, direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements. (e) Availability of information and records (1) In general All information reported to the Secretary and all records maintained by any person pursuant to regulations prescribed under this section shall be available, upon request, to any standing committee of Congress or any subcommittee thereof and to any Federal agency authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section. (2) Terms and conditions Access by an Federal agency to records maintained under this section shall be on the same terms and conditions that govern access by the agency to the books and records of the person concerned. 4378. Prohibition on incentive payments (a) Prohibition A United States person, or any employee, agent, or subcontractor thereof, may not, with respect to the sale or export of any defense article or defense service to a foreign country, make any incentive payments for the purpose of satisfying, in whole or in part, any offset agreement with the country. (b) Civil penalties Any person who violates the provisions of subsection (a) shall be subject to the imposition of civil penalties as provided for in subsection (c). (c) Enforcement In providing for the enforcement of this section, the Secretary is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties that are conferred upon Federal agencies and officials by subsections (c), (d), (e), and (f) of section 11 of the Export Administration Act of 1979 and section 12(a) of such Act (as continued in effect under the International Emergency Economic Powers Act), subject to the same terms and conditions as are applicable to such powers under such Act, except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary may assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000 or five times the amount of the prohibited incentive payment, whichever is greater. 6 Congressional review of arms sales 4381. Reports on commercial and governmental military exports; congressional action (a) In general The Secretary shall transmit to the appropriate congressional committees not later than 60 days after the end of each calendar quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) may be listed in such addendum unless such letter of offer has been the subject of an unclassified certification pursuant to subsection (b)(1), and any information provided under paragraph (11) may also be provided in a classified addendum) containing— (1) a listing of all letters of offer to sell any major defense equipment for $1,000,000 or more under this Act to each foreign country and international organization, by category, if such letters of offer have not been accepted or canceled; (2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year; (3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 4251 made during the fiscal year in which such report is submitted; (4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense articles and defense services so licensed for each foreign country and international organization, setting forth, with respect to the listed major defense equipment— (A) the items to be exported under the license; (B) the quantity and contract price of each such item to be provided; and (C) the name and address of the ultimate user of each such item; (5) projections of the dollar amounts, by foreign country and international organization, of sales expected to be made under sections 4311 and 4312, in the quarter of the fiscal year immediately following the quarter for which such report is submitted; (6) a projection with respect to all sales expected to be made to each country and organization for the remainder of the fiscal year in which such report is transmitted; (7) a description of each payment, contribution, gift, commission, or fee reported to the Secretary under section 4377, including— (A) the name of the person who made such payment, contribution, gift, commission, or fee; (B) the name of any sales agent or other person to whom such payment, contribution, gift, commission, or fee was paid; (C) the date and amount of such payment, contribution, gift, commission, or fee; (D) a description of the sale in connection with which such payment, contribution, gift, commission, or fee was paid; and (E) the identification of any business information considered confidential by the person submitting it which is included in the report; (8) a listing of each sale under section 4251 during the quarter for which such report is made, specifying— (A) the purchaser; (B) the Federal agency responsible for implementing the sale; (C) an estimate of the dollar amount of the sale; and (D) a general description of the real property facilities to be constructed pursuant to such sale; (9) a listing of each export of defense articles under section 4311 during the quarter for which report is made, specifying the recipient, the defense article, the dollar amount of the export, and a description of the cooperative agreement pursuant to which the export was made; (10) a listing of the consents to third-party transfers of defense articles or defense services which were granted, during the quarter for which such report is submitted, if the value (in terms of original acquisition cost) of the defense articles or defense services to be transferred is $1,000,000 or more; (11) a listing of all munitions items that were sold, leased, or otherwise transferred by the Department of Defense to any other Federal agency during the quarter for which such report is submitted (including the name of the recipient agency and a discussion of what the agency will do with those munitions items) if— (A) the value of the munitions items was $250,000 of more, and (B) the value of all munitions items transferred to the Federal agency during that quarter was $250,000 or more, excluding munitions items transferred (i) for disposition or use solely within the United States, or (ii) for use in connection with intelligence activities subject to reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ; relating to congressional oversight of intelligence activities); (12) a report on all concluded government-to-government agreements regarding foreign coproduction of defense articles of United States origin and all other concluded agreements involving coproduction or licensed production outside of the United States of defense articles of United States origin (including coproduction memoranda of understanding or agreement) that have not been previously reported under this subsection, which shall include— (A) the identity of the foreign countries, international organizations, or foreign firms involved; (B) a description and the estimated value of the articles authorized to be produced, and an estimate of the quantity of the articles authorized to be produced; (C) a description of any restrictions on third-party transfers of the foreign-manufactured articles; and (D) if any such agreement does not provide for United States access to and verification of quantities of defense articles produced outside the United States and their disposition in the foreign country, a description of alternative measures and controls incorporated in the coproduction or licensing program to ensure compliance with restrictions in the agreement on production quantities and third-party transfers; (13) a report on all exports of significant military equipment for which information has been provided pursuant to section 4375; and (14) copies of security assistance surveys conducted by United States Government personnel for the calendar quarter for which the report is transmitted. (b) Additional information For each letter of offer to sell under paragraphs (1) and (2) of subsection (a), the report shall specify— (1) the foreign country or international organization to which the defense article or defense service is offered or was sold, as the case may be; (2) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (3) a description of the defense article or defense service offered or sold, as the case may be; and (4) the United States Armed Forces or Federal agency that is making the offer to sell or the sale, as the case may be. 4382. Congressional certification of sensitive foreign military sales and agreements (a) In general The President shall submit to the appropriate congressional committees a numbered certification with respect to any letter of offer to sell, or an application by a person for a license for the export of, pursuant to this or any other Act, the following to a foreign country or international organization: (1) Major defense equipment of a type that have not been sold to the country or organization for $25,000,000 or more. (2) Major defense equipment of a type that have been sold to the country or organization but are significantly different in terms of capability from those previously sold, for $25,000,000 or more. (3) Fixed- or rotary-wing aircraft, whether flown remotely or by an onboard pilot, primarily used for military purposes; navigation, sensors, sensitive components; and engines for same and sensitive components of such engines. (4) Radars for military end-use. (5) Guided or ballistic missiles, regardless of mode of launch. (6) Firearms, close assault weapons, and combat shotguns over $1,000,000. (7) Night vision devices. (8) Naval vessels, both surface vessels (above 3,000 tons) and submersibles. (9) Toxicological Agents and associated equipment, for $25,000,000 or more. (10) Tanks (including significant components) and armored vehicle chassis, regardless of armament or lack thereof. (11) Other defense articles and defense services for $100,000,000 or more. (12) Military-related design and construction services for $300,000,000 or more. (b) Certification The following requirements shall apply with respect to the submission of a numbered certification under subsection (a): (1) Before a United States commercial technical assistance or manufacturing licensing agreement that involves the manufacture outside the United States of any sensitive military equipment is approved under section 4301, the Secretary shall transmit to the appropriate congressional committees an unclassified numbered certification with respect to the agreement. (2) Each numbered certification shall specify— (A) the foreign country or international organization to which the defense article or defense service is offered or was sold, as the case may be; (B) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (C) a description of the defense article or defense service offered or sold, as the case may be; and (D) the United States Armed Forces or Federal agency that is making the offer to sell or the sale, as the case may be. (3) For commercial technical assistance or manufacturing licensing agreements, each numbered certification shall specify— (A) the purchaser; (B) the Federal agency responsible for implementing the sale; (C) an estimate of the dollar amount of the sale; and (D) a general description of the real property facilities to be constructed pursuant to such sale. (c) Additional information Each numbered certification submitted under subsection (a) shall also contain information on the following: (1) A description, containing the information described in section 4381(a)(7), of any contribution, gift, commission, or fee paid or offered or agreed to be paid in order to solicit, promote, or otherwise to secure the letter of offer relating to the numbered certification. (2) An item, classified if necessary, identifying the sensitivity of technology contained in the defense articles, defense services, or design and construction services proposed to be sold, and a detailed justification of the reasons necessitating the sale of the articles, services, or design and construction services in view of the sensitivity of the technology. (3) In a case in which the defense articles or defense services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system, the certification shall also include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. (4) Each numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification). (d) Form A numbered certification transmitted pursuant to subsection (a) shall be in unclassified form, except that the information specified in paragraphs (2) and (3) of section 4381(b) and the details of the description specified in subsections (b) and (c) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information. (e) Consultation The Secretary shall consult with the appropriate congressional committees prior to the notification of a letter of offer, an application to export, or the conclusion of an commercial technical assistance agreement or a manufacturing license agreement. (f) Committee information request The Secretary shall, upon the request of an appropriate congressional committee, transmit promptly to both such committees a statement setting forth, to the extent specified in such request— (1) a detailed description of the defense articles, defense services, or design and construction services to be offered, including a brief description of the capabilities of any defense article to be offered; (2) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; (3) the name of each contractor expected to provide the defense article, defense service, or design and construction services proposed to be sold and a description of any offset agreement with respect to such sale; (4) an evaluation, prepared by the Secretary in consultation with the Secretary of Defense and the Director of Central Intelligence, of the manner, if any, in which the proposed sale would— (A) contribute to an arms race; (B) support international terrorism; (C) increase the possibility of an outbreak or escalation of conflict; (D) prejudice the negotiation of any arms controls; (E) adversely affect the arms control or nonproliferation policy of the United States; (F) support blackmarket or greymarket trade in arms, either those transferred or obsolete arms to be replaced by the arms sale; or (G) require the transfer of United States arms sensitive technology or manufacturing techniques as a condition of the arms sale, and the impact of such transfer on the United States manufacturing base, including on jobs based in the United States; (5) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles, defense services, or design and construction services which are the subject of such sale and a description of how such country or organization intends to use such defense articles, defense services, or design and construction services; (6) an analysis of the impact of the proposed sale on the military stocks and the military preparedness of the United States; (7) the reasons why the proposed sale is in the national interest of the United States; (8) an analysis of the impact of the proposed sale on the military capabilities of the foreign country or international organization to which such sale would be made; (9) an analysis of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles, defense services, or design and construction services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles, defense services, or design and construction services; (10) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles, defense services, or design and construction services proposed to be sold; (11) an analysis of the extent to which comparable kinds and amounts of defense articles, defense services, or design and construction services are available from other countries; (12) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles, defense services, or design and construction services which are the subject of such sale would be delivered; (13) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, defense services, design and construction services or defense equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement; (14) the projected delivery dates of the defense articles, defense services, or design and construction services to be offered; (15) a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; (16) an analysis of the relationship of the proposed sale to projected procurements of the same item, and (17) an analysis, classified if necessary, of the security to be provided by the proposed recipient of the arms sale on the defense articles and defense services, both against external and internal security threats, including espionage. 4383. Upgrade or enhancement (a) In general If, before the delivery of any major defense article or major defense equipment, or the furnishing of any defense service or design and construction service, sold pursuant to a letter of offer or a contract pursuant to a license described in section 4382, the sensitivity of technology or the capability of the article, equipment, or service is enhanced or upgraded from the level of sensitivity or capability described in the numbered certification with respect to an offer to sell such article, equipment, or service, then, at least 45 days before the delivery of such article or equipment or the furnishing of such service, the President shall prepare and transmit to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report— (1) describing the manner in which the technology or capability has been enhanced or upgraded and describing the significance of such enhancement or upgrade; and (2) setting forth a detailed justification for such enhancement or upgrade. (b) Application The provisions of subsection (a) apply to an article or equipment delivered, or a service furnished, within 10 years after the transmittal to the Congress of a numbered certification with respect to the sale of such article, equipment, or service. (c) New numbered certification (1) In general If the enhancement or upgrade in the sensitivity of technology or the capability of major defense equipment, defense articles, defense services, or design and construction services described in a numbered certification submitted under this section costs $14,000,000 or more in the case of any major defense equipment, $50,000,000 or more in the case of defense articles or defense services, or $200,000,000 or more in the case of design or construction services, then the Secretary shall submit to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this section as if it were a separate letter of offer to sell defense equipment, articles, or services, subject to all of the requirements, restrictions, and conditions set forth in this section. (2) Rule of construction For purposes of this subsection, references in this section to sales shall be deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, defense articles, or defense services, as the case may be. 4384. Congressional review period and disapproval (a) Review period Any numbered certification submitted to the appropriate congressional committees for a letter of offer or a license to export under section 4382 may not be issued not earlier than— (1) in the case of a strategic United States ally, 15 legislative days after the date of submission of the certification; (2) in the case of any other country, 30 legislative days after the date of submission of the certification; and (3) in the case of a license for export of a commercial communications satellite for launch from, and by nationals of, the Russian Federation, Ukraine, or Kazakhstan, 15 legislative days after the date of submission of the certification. (b) Disapproval No letter of offer, or license to export, may be issued for any proposed sale subject to the provisions of this section if a joint resolution of disapproval is enacted providing for any such sale within the respective time periods specified in subsection (a). (c) Procedures for consideration of joint resolution (1) Senate Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, except that for purposes of consideration of any joint resolution with respect to a strategic United States ally, it shall be in order in the Senate to move to discharge a committee to which such joint resolution was referred if such committee has not reported such joint resolution at the end of 5 calendar days after its introduction. (2) House of Representatives For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. 4385. National security waiver of congressional review of arms sales (a) Authority If the President informs the appropriate congressional committees that an emergency exists that requires a sale of a defense article or defense service under section 4331 or a retransfer of a defense article or defense service under section 4361 in the national security interests of the United States, the President may exempt the proposed sale from the requirements of this chapter. (b) Justification Before exercising such waiver, the President shall set forth in a statement to the appropriate congressional committees a detailed justification for the President’s determination, including a description of the emergency circumstances that necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved. 4386. Publication of arms sales notifications (a) Publication The Secretary shall publish in a timely manner in the Federal Register, upon transmittal to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate, the full unclassified text of each numbered certification submitted pursuant to section 4382. (b) Rule of construction Information relating to offset agreements shall be treated as confidential information in accordance with section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)) (as continued in effect under the International Emergency Economic Powers Act). 4387. Certification requirement relating to Israel’s qualitative military edge (a) In general Any certification relating to a proposed sale or export of defense articles or defense services under this chapter to any country in the Middle East other than Israel shall include an unclassified determination that the sale or export of the defense articles or defense services will not adversely affect Israel’s qualitative military edge over military threats to Israel, but may also include a classified determination as well. (b) Qualitative military edge defined In this section, the term qualitative military edge means the ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition of states or non-state actors. 7 Landmines and cluster munitions 4391. Landmines (a) In general Notwithstanding any other provision of law, demining equipment available to the Agency or the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries. (b) Terms and conditions The exercise of the authority under subsection (a) shall be subject to such terms and conditions as the President may prescribe. 4392. Cluster munitions No security assistance may be provided for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and (2) the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that— (A) the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; and (B) the recipient agrees to immediately recover any unexploded submunitions, and to give assistance as necessary to any civilian injuries, that follow the use of such weapons in any area in which civilians are present. D General administrative and miscellaneous provisions 4401. General provisions (a) Procurement in the United States; coproduction or licensed production outside the United States (1) In general In carrying out this title, special emphasis shall be placed on procurement in the United States, but, subject to the provisions of subsection (b), consideration shall also be given to coproduction or licensed production outside the United States of defense articles of United States origin when such production best serves the foreign policy, national security, and economy of the United States. (2) Evaluation In evaluating any sale proposed to be made pursuant to this title, there shall be taken into consideration— (A) the extent to which the proposed sale damages or infringes upon licensing arrangements whereby United States entities have granted licenses for the manufacture of the defense articles selected by the purchasing country to entities located in friendly foreign countries, which licenses result in financial returns to the United States; (B) the portion of the defense articles so manufactured which is of United States origin; and (C) whether, and the extent to which, such sale might contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. (b) Prohibitions No credit sale shall be extended under section 4251 in any case involving coproduction or licensed production outside the United States of any defense article of United States origin, unless the Secretary, in advance of any such transaction, advises the appropriate congressional committees and furnish the Speaker of the House of Representatives and the President of the Senate with full information regarding the proposed transaction, including a description of the particular defense article or articles which would be produced under license or coproduced outside the United States, the estimated value of such production or coproduction, and the probable impact of the proposed transaction on employment and production within the United States. (c) Availability of funds Funds made available under this title may be used for procurement outside the United States only if the President determines that such procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base, with special reference to any areas of labor surplus or to the net position of the United States in its balance of payments with the rest of the world, which outweigh the economic or other advantages to the United States of less costly procurement outside the United States (d) Responsibilities of Secretary of Defense (1) In general With respect to sales under sections 4311, 4312, 4324, and 4351 the Secretary of Defense shall, under the direction of the President, have primary responsibility for— (A) the determination of military end-item requirements; (B) the procurement of military equipment in a manner which permits its integration with service programs; (C) the supervision of the training of foreign military personnel; (D) the movement and delivery of military end-items; and (E) within the Department of Defense, the performance of any other functions with respect to sales and guaranties. (2) Priorities The establishment of priorities in the procurement, delivery, and allocation of military equipment shall, under the direction of the President, be determined by the Secretary of Defense. (e) Termination provisions (1) Contracts Each contract for sale entered into under sections 4311, 4312, 4324, and 4351, and each contract entered into under section 4282, shall provide that such contract may be canceled in whole or in part, or its execution suspended, by the United States at any time under unusual or compelling circumstances if the national interest of the United States so requires. (2) Export licenses Each export license issued under section 4331 shall provide that such license may be revoked, suspended, or amended by the Secretary, without prior notice, whenever the Secretary deems such action to be advisable. Nothing in this paragraph may be construed as limiting the regulatory authority of the President under this Act. (3) Authorization of appropriations There are authorized to be appropriated from time to time such sums as may be necessary— (A) to refund moneys received from purchasers under contracts of sale entered into under sections 4311, 4312, 4324, and 4351, or under contracts entered into under section 4282, that are canceled or suspended under this subsection to the extent such moneys have previously been disbursed to private contractors and United States Government agencies for work in progress; and (B) to pay such damages and costs that accrue from the corresponding cancellation or suspension of the existing procurement contracts or Federal agency work orders involved. (f) Civilian contract personnel The President shall, to the maximum extent possible and consistent with the purposes of this title, use civilian contract personnel in any foreign country to perform defense services sold under this title. 4402. Administrative expenses (a) In general Funds made available under other provisions of law for the operations of Federal agencies carrying out functions under this title shall be available for the administrative expenses incurred by such agencies under this title. (b) Recovery of expenses Charges for administrative services calculated under section 4314(a)(1) shall include recovery of administrative expenses and official reception and representation expenses incurred by any Federal agency, including any mission or group thereof, in carrying out functions under this title if— (1) such functions are primarily for the benefit of any foreign country; (2) such expenses are not directly and fully charged to, and reimbursed from amounts received for, sale of defense services under section 4311; and (3) such expenses are neither salaries of the United States Armed Forces nor represent unfunded estimated costs of civilian retirement and other benefits. (c) Official reception and representation expenses Not more than $86,500 of the funds derived from charges for administrative services pursuant to section 4314(a)(1) may be used each fiscal year for official reception and representation expenses. 4403. Detail of appropriate personnel The President may detail, as necessary, to the Department of State appropriate personnel from any other Federal agency on a nonreimbursable basis, to assist in the initial screening of applications for export licenses under this subtitle in order to determine the need for further review of those applications for foreign policy, national security, and law enforcement concerns. 4404. Rule of construction Nothing in this title shall be construed as modifying in any way the provisions of the Atomic Energy Act of 1954 or section 7307 of title 10, United States Code. 4405. Performance goals for processing of applications for licenses to export items on United States Munitions List (a) In general The Secretary shall establish and maintain the following goals: (1) The processing time for review of each application for a license to export items on the United States Munitions List (other than a Manufacturing License Agreement) shall be not more than 60 days from the date of receipt of the application. (2) The processing time for review of each application for a commodity jurisdiction determination shall be not more than 60 days from the date of receipt of the application. (3) The total number of applications described in paragraph (1) that are unprocessed shall be not more than 7 percent of the total number of such applications submitted in the preceding calendar year. (b) Additional review (1) In general If an application described in paragraph (1) or (2) of subsection (a) is not processed within the time period described in the respective paragraph of such subsection, then the Secretary shall ensure that the appropriate managing official shall review the status of the application to determine if further action is required to process the application. (2) Additional requirements If an application described in paragraph (1) or (2) of subsection (a) is not processed within 90 days from the date of receipt of the application, then the appropriate managing official shall— (A) review the status of the application to determine if further action is required to process the application; and (B) submit to the appropriate congressional committees a notification of the review conducted under subparagraph (A), including a description of the application, the reason for delay in processing the application, and a proposal for further action to process the application. (3) Annual review For each calendar year, the appropriate managing official shall review not less than 2 percent of the total number of applications described in paragraphs (1) and (2) of subsection (a) to ensure that the processing of such applications, including decisions to approve, deny, or return without action, is consistent with both the foreign policy and regulatory requirements of the United States. (c) Statements of policy (1) United States allies Congress states that— (A) to ensure that, to the maximum extent practicable, the processing time for review of applications to export items to United States allies in direct support of combat operations or peacekeeping or humanitarian operations with the United States Armed Forces is not more than 7 days from the date of receipt of the application; and (B) the Secretary shall ensure that, to the maximum extent practicable, the processing time for review of applications described in subsection (a)(1) to export items that are not subject to the requirements of chapter 6 to a strategic United States ally, and, as appropriate, other major United States allies for any purpose other than the purpose described in paragraph (1) is not more than 30 days from the date of receipt of the application. (2) Priority for applications for export of U.S.-origin equipment In meeting the goals established by this section, the Secretary shall prioritize the processing of applications for licenses and agreements necessary for the export of United States-origin equipment over applications for Manufacturing License Agreements. (d) Report Not later than 180 days after the date of the enactment of this Act, and not later than 1 year thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains a detailed description of— (1) (A) the average processing time for and number of applications described in subsection (a)(1) to— (i) a strategic United States ally; (ii) a major United States ally; and (iii) any other country; and (B) to the extent practicable, the average processing time for and number of applications described in subsection (b)(1) by item category; (2) the average processing time for and number of applications described in subsection (a)(2); (3) the average processing time for and number of applications for agreements described in part 124 of title 22, Code of Federal Regulations (relating to the International Traffic in Arms Regulations), other than Manufacturing License Agreements; (4) the average processing times for applications for Manufacturing License Agreements; (5) any management decisions of the Directorate of Defense Trade Controls of the Department of State that have been made in response to data contained in paragraphs (1) through (3); and (6) any advances in technology that will allow the time-frames described in subsection (a)(1) to be substantially reduced. (e) Congressional briefings If, at the end of any month beginning after the date of the enactment of this Act, the total number of applications described in subsection (a)(1) that are unprocessed is more than 7 percent of the total number of such applications submitted in the preceding calendar year, then the Secretary shall ensure that the Assistant Secretary for Political-Military Affairs shall brief the appropriate congressional committees on such matters and the corrective measures that will be taken to comply with the requirements of subsection (a). (f) Transparency of commodity jurisdiction determinations (1) In general To the maximum extent practicable, commodity jurisdiction determinations made as the appropriate controls to be applied to commodities shall be made public. (2) Publication on Department of State’s Internet website The Secretary shall— (A) publish a commodity jurisdiction determination referred to in paragraph (1) on the Internet website of the Department of State not later than 30 days after the date of the determination, which includes— (i) the name of the manufacturer of the item; (ii) a brief general description of the item; (iii) the model or part number of the item; and (iv) the designation under which the item has been designated, except that— (I) the name of the person or business organization that sought the commodity jurisdiction determination shall not be published if the person or business organization is not the manufacturer of the item; and (II) the names of the customers, the price of the item, and any proprietary information relating to the item indicated by the person or business organization that sought the commodity jurisdiction determination shall not be published; and (B) maintain on the Internet website of the Department of State an archive, that is accessible to the general public and other departments and agencies of the United States, of the information published under subparagraph (A). (g) Rule of construction Nothing in this section shall be construed to prohibit the President from undertaking a thorough review of the national security and foreign policy implications of a proposed export of items on the United States Munitions List. 4406. Availability of information on the status of license applications (a) In general The Secretary shall make available to persons who have pending license applications under this chapter and the appropriate congressional committees the ability to access electronically current information on the status of each license application required to be submitted under this chapter. (b) Matters To be included The information referred to in subsection (a) shall be limited to the following: (1) The case number of the license application. (2) The date on which the license application is received by the Department of State and becomes an open application . (3) The date on which the Directorate of Defense Trade Controls makes a determination with respect to the license application or transmits it for interagency review, if required. (4) The date on which the interagency review process for the license application is completed, if such a review process is required. (5) The date on which the Department of State begins consultations with the appropriate congressional committees with respect to the license application. (6) The date on which the license application is sent to the appropriate congressional committees. 4407. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State (a) Requirement The Secretary shall ensure that there are the necessary staff and resources to carry out this subtitle. (b) Minimum number of licensing officers The Secretary should ensure that there is at least 1 licensing officer for every 1,250 applications for licenses and other authorizations to export items on the United States Munitions List or successor list. (c) Minimum number of staff for commodity jurisdiction determinations The Secretary shall ensure that the Directorate of Defense Trade Controls has, to the extent practicable, not less than three individuals assigned to review applications for commodity jurisdiction determinations. 4408. Overseas management of assistance and sales programs (a) In general In order to carry out the President’s responsibilities for the management of international security assistance programs conducted under this title, the President may assign members of the United States Armed Forces, personnel of the Department of Defense, the Department of State, or any other Federal agency, to a foreign country to perform one or more of the following functions: (1) Equipment and services case management. (2) Training management. (3) Program monitoring. (4) Evaluation and planning of the host government’s military capabilities and requirements. (5) Administrative support. (6) Promoting rationalization, standardization, interoperability, and other defense cooperation measures. (7) Liaison functions exclusive of advisory and training assistance. (b) Advisory and training assistance Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum. It is the sense of Congress that advisory and training assistance conducted in countries to which military personnel are assigned under this section should be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks. (c) Limitation on number of United States Armed Forces members (1) Limitation (A) In general Except as provided in subparagraph (C), the number of members of the United States Armed Forces assigned to a foreign country under this section in a fiscal year may not exceed 12 unless specifically authorized by Congress. (B) Waiver The President may waive the limitation in subparagraph (A) with respect to the number of members of the United States Armed Forces assigned to a foreign country if the President determines and reports to the appropriate congressional committees 30 days prior to the introduction of the additional members of the United States Armed Forces in the foreign country, that United States national interests require that more than 12 members of the United States Armed Forces be assigned under this section to carry out international security assistance programs in the foreign country. (C) Exempted countries The limitation in subparagraph (A) shall not apply with respect to Pakistan, Tunisia, El Salvador, Honduras, Israel, Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey. (2) Congressional budget justification The total number of members of the United States Armed Forces assigned to a foreign country under this section in a fiscal year may not exceed the number justified to Congress for that country in the congressional budget justification documents for that fiscal year, unless the appropriate congressional committees are notified 30 days in advance of the introduction of the additional members of the United States Armed Forces. (d) Costs The entire costs (excluding salaries of members of the United States Armed Forces (other than the Coast Guard)) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, other than any such costs which are either paid directly for such defense services under section 4311 or reimbursed from charges for services collected from foreign governments pursuant to section 4311 and section 4402. (e) Supervision of chief of diplomatic mission Members of the United States Armed Forces assigned to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country. (f) Guidance regarding purchases The President shall continue to instruct United States diplomatic and military personnel in United States missions that such personnel should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless such personnel are specifically instructed to do so by an appropriate official of the executive branch. 4409. Designation of major United States allies (a) Notice to Congress The President shall notify Congress in writing at least 30 days before— (1) designating a country as a major United States ally for purposes of this Act; or (2) terminating such a designation. (b) Initial designations Egypt, Argentina, Pakistan, Bahrain, the Philippines, Jordan, Thailand, Kuwait, and Morocco shall be deemed to have been so designated by the President as of the date of the enactment of this Act, and the President is not required to notify Congress of such designation of those countries. 4410. Depleted uranium ammunition (a) Prohibition Except as provided in subsection (b), none of the funds made available to carry out this Act or any other Act may be made available to facilitate in any way the sale of M833 or M900 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than a country that is a strategic United States ally. (b) Exception The prohibition in subsection (a) shall not apply with respect to the use of funds to facilitate the sale of antitank shells to a country if the President determines that to do so is in the national security interest of the United States. 4411. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Cash flow financing The term cash flow financing means the dollar amount of the difference between the total estimated price of a Letter of Offer and Acceptance or other purchase agreement that has been approved for financing under this title and the amount of the financing that has been approved therefor. (3) Category I space launch vehicle system The term “Category I space launch vehicle system” means a category I system as defined in the MTCR Annex for the launching of payloads into outer space, as well as the specially designed production facilities for these systems. (4) Defense article (A) In general The term defense article — (i) includes— (I) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war and related technical data; (II) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales; (III) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage, construction, transportation, operation, or use of any article listed in this paragraph; and (IV) any significant component or part of any article listed in this paragraph that has been specifically designed or significantly modified for a military application; but (ii) does not include— (I) merchant vessels; or (II) source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), byproduct material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data, as defined by the Atomic Energy Act of 1954. (B) Additional terms In subparagraph (A)(i)(IV)— (i) the term significant component or part means a component or part that is essential to a military function; and (ii) the term significantly modified means a modification that constitutes an alteration of 25 percent or greater of the component or part from a non-military version. (5) Defense service (A) In general The term defense service — (i) includes any service, test, inspection, repair, training, publication, technical or other assistance, or defense information used for the purposes of making military sales; but (ii) does not include design and construction services under section 4311. (B) Additional term In subparagraph (A)(i), the term defense information includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but does not include Restricted Data as defined by the Atomic Energy Act of 1954 and data removed from the Restricted Data category under section 142d of that Act. (6) Design and construction services The term design and construction services means, with respect to sales under section 4251, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by the Department of Defense or by a contractor pursuant to a contract with such department or agency. (7) End item The term end item means an assembled article that is ready for its intended use and for which only ammunition, fuel, or another energy source is required to place the item in its operating state. (8) Excess defense article The term excess defense article means defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) owned by the United States Government, and not procured in anticipation of security assistance or sales requirements, or pursuant to a security assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this Act. (9) Incentive payments The term incentive payments means direct monetary compensation made by a United States supplier of defense articles or defense services or by any employee, agent, or subcontractor thereof to any other United States person to induce or persuade that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or defense services from the United States supplier. (10) Major defense equipment The term major defense equipment means any item of significant military equipment on the United States Munitions List having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000. (11) Major United States ally The term major United States ally means a country that is designated in accordance with section 4409 as a major United States ally for purposes of this Act. (12) NATO/SHAPE project The term NATO/SHAPE project means a common-funded project supported by allocated credits from North Atlantic Treaty Organization bodies or by host nations with NATO Infrastructure funds. (13) Nuclear explosive device The term nuclear explosive device has the meaning given that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994. (14) Offset agreement The term offset agreement means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense services from the supplier. (15) Security assistance survey The term security assistance survey means any survey or study conducted in a foreign country by United States Government personnel for the purpose of assessing the needs of that country for security assistance, and includes defense requirement surveys, site surveys, general surveys or studies, and engineering assessment surveys. (16) Significant military equipment The term significant military equipment means articles— (A) for which special export controls are warranted because of the capacity of such articles for substantial military utility or capability; and (B) identified on the United States Munitions List. (17) Small arm or light weapon The term small arm or light weapon means— (A) an item listed in Category I(a) of the United States Munitions List, (B) an item listed in Category III (as it applies to Category I(a)) of the United States Munitions List, or (C) a grenade listed in Category IV(a) of the United States Munitions List, that requires a license for international export under this title. (18) Strategic United States ally The term strategic United States ally means any member country of the North Atlantic Treaty Organization (NATO), Australia, Israel, Japan, the Republic of Korea, or New Zealand. (19) Training The term training includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces. (20) United States The term United States , when used geographically, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. (21) Value The term value means, in the case of an excess defense article, except as otherwise provided in section 4311(a), not less than the greater of— (A) the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or (B) the market value, if ascertainable. (22) Weapon system partnership agreement The term weapon system partnership agreement means an agreement between two or more member countries of the Maintenance and Supply Agency of the North Atlantic Treaty Organization that— (A) is entered into pursuant to the terms of the Charter of the North Atlantic Treaty Organization; and (B) is for the common logistic support of a specific weapon system common to the participating countries. (23) Weapons of mass destruction The term weapons of mass destruction has the meaning given such term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201 ; 110 Stat. 2717; 50 U.S.C. 2302(1) ). V Countering Transnational Threats A Nonproliferation authorities 1 Nuclear nonproliferation 5111. Authorization of assistance to prohibit the proliferation of nuclear, chemical, and biological weapons (a) Authorization of assistance The President is authorized to provide, on such terms and conditions as the President may determine, foreign assistance to any country or organization in order to carry out the purposes described in subsection (b). (b) Purposes The purposes of assistance under this section are to prohibit the proliferation of nuclear, chemical, and biological weapons and the means to deliver such weapons, through support of activities designed— (1) to enhance the nonproliferation capabilities of a country or organization by providing training and equipment to detect, deter, monitor, interdict, and counter proliferation; (2) to strengthen the bilateral ties of the United States with a country or organization by offering assistance in this area of vital national security interest; (3) to accomplish the activities and objectives set forth in sections 503 and 504 of the FREEDOM Support Act (22 U.S.C. 5853 and 5854), without regard to the limitation of those sections to the independent states of the former Soviet Union; and (4) to promote multilateral activities, including cooperation with international organizations, relating to nonproliferation. (c) Activities supported Assistance under this section may include training services and the provision of funds, equipment, and other commodities related to the detection, deterrence, monitoring, interdiction, and prevention or countering of proliferation, the establishment of effective nonproliferation laws and regulations, and the apprehension of those individuals involved in acts of proliferation of such weapons. 5112. Education and training to enhance nonproliferation and export control capabilities (a) In general The Secretary is authorized to provide education and training to appropriate military and civilian personnel of foreign countries for the purpose of enhancing the nonproliferation and export control capabilities of such personnel through their attendance in special courses of instruction conducted by the United States. Such education and training may be provided on such terms and conditions as the Secretary may determine and consistent with this subtitle but whenever feasible on a reimbursable basis. (b) Administration of courses The Secretary shall have overall responsibility for the development and conduct of international nonproliferation education and training programs under this section, and may utilize other Federal agencies, as appropriate, to recommend personnel for the education and training programs and to administer specific courses of instruction. (c) Purposes Education and training activities conducted under this section shall be— (1) of a technical nature, emphasizing techniques for detecting, deterring, monitoring, interdicting, and countering proliferation; (2) designed to encourage effective and mutually beneficial relations and increased understanding between the United States and other countries; and (3) designed to improve the ability of other countries to utilize their resources with maximum effectiveness, thereby contributing to greater self-reliance by such countries. (d) Priority to certain countries In selecting personnel for education and training programs under this section, priority should be given to personnel from countries determined by the Secretary to be countries frequently transited by proliferation-related shipments of cargo. 5113. Opposition of withdrawal from Treaty on the Non-Proliferation of Nuclear Weapons (a) Statement of policy It is the policy of the United States to oppose the withdrawal of any country that is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter in this section referred to as the Treaty ) and to use all political, economic, and diplomatic means at its disposal to deter, prevent, and sanction any such withdrawal from the Treaty. (b) Limitation on assistance (1) In general Notwithstanding any other provision of law, no foreign assistance (other than humanitarian assistance) under any provision of law may be provided to a country that has withdrawn from the Treaty. (2) Waiver The President may waive the requirements of paragraph (1) on a case-by-case basis if the President determines and notifies the appropriate congressional committees that such waiver is in the vital national security interest of the United States. (c) Return of all United States-Origin materials and equipment The United States shall seek the return of any material, equipment or components transferred under an Agreement for Civil Nuclear Cooperation that is in force pursuant to the authority of section 123 of the Atomic Energy Act of 1954 on or after the date of the enactment of this Act, and any special fissionable material produced through the use of such material, equipment or components, previously provided to a country that withdraws from the Treaty. 5114. Matters relating to International Atomic Energy Agency (a) Payment of United States dues Not later than January 31, 2014, and January 31 of each succeeding year, the United States shall pay its full assessed contribution to the regular operating budget of the International Atomic Energy Agency (IAEA). (b) Additional Protocol as a criterion for United States assistance (1) Statement of policy It is the policy of the United States to ensure that each country that is a party to the Treaty on the Non-Proliferation of Nuclear Weapons should bring into force an Additional Protocol to its safeguards agreement with the IAEA. (2) Criterion for assistance The United States shall, when considering the provision of assistance under this Act, take into consideration whether the proposed recipient has in force an Additional Protocol to its safeguards agreement with the IAEA. 5115. Arms Control and Nonproliferation Scholarship Program (a) Establishment (1) In general The Secretary shall establish a scholarship program (to be known as the Arms Control and Nonproliferation Scholarship Program ) to award scholarships for the purpose of recruiting and preparing students for civilian careers in the fields of nonproliferation, arms control, and international security to meet the critical needs of the Department of State. (2) Selection of recipients (A) Merit and department needs Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit and the arms control and nonproliferation needs of the Department of State. (B) Demonstrated commitment Individuals selected under this section shall have a demonstrated interest in public service and a commitment to the field of study for which the scholarship is awarded. (3) Contractual agreements In order to carry out the scholarship program, the Secretary shall enter into contractual agreements with individuals selected under paragraph (2) pursuant to which such individuals agree to serve as full-time employees of the Department of State following achievement of the specified degree, for a period to be determined by the Secretary, not to exceed 6 years, in arms control and nonproliferation positions needed by the Department of State and for which the individuals are qualified, in exchange for receiving a scholarship. (b) Eligibility Except as provided in subsection (f), in order to be eligible to participate in the scholarship program, an individual shall— (1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education and be pursuing or intend to pursue an undergraduate or graduate education degree in an academic field or discipline specified in the list made available under subsection (d); and (2) be a United States citizen. (c) Application An individual seeking a scholarship under this section shall submit to the Secretary an application at such time, in such manner, and containing such information, agreements, or assurances as the Secretary may require. (d) Programs and fields of study The Secretary shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be awarded. (e) Scholarships (1) In general The Secretary may award a scholarship under this section for an academic year if the individual applying for the scholarship has submitted to the Secretary, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study specified on the list made available under subsection (d). (2) Limitation on years An individual may not receive a scholarship under this section for more than 4 academic years, unless the Secretary grants a waiver. (3) Student responsibilities A scholarship recipient shall maintain satisfactory academic progress for purposes of continued participation in the scholarship program. (4) Amount The dollar amount of a scholarship awarded under this section for an academic year shall be determined under regulations issued by the Secretary, but shall in no case exceed the cost of tuition, fees, and other authorized expenses as determined by the Secretary. (5) Use of scholarships A scholarship awarded under this section may be expended for tuition, fees, and other authorized expenses as established by the Secretary by regulation. (6) Payment to institution of higher education The Secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which such scholarship is awarded. (f) Special consideration for current employees Notwithstanding subsection (b), up to 5 percent of the scholarships awarded under this section may be set aside for individuals who are Federal employees on the date of the enactment of this Act to enhance the education of such employees in areas of critical arms control or nonproliferation needs of the Department of State, for undergraduate or graduate education through enrollment in a graduate degree program under the scholarship on a full-time or part-time basis. (g) Repayment (1) In general A scholarship recipient who fails to maintain a high level of academic standing, as defined by the Secretary who is dismissed for disciplinary reasons from the educational institution such recipient is attending, or who voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded shall be in breach of the contractual agreement under subsection (a)(3) and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of such default of all scholarship funds paid to such recipient and to the institution of higher education on the behalf of such recipient under such agreement. The repayment period may be extended by the Secretary if the Secretary determines such extension to be necessary, as established by regulation. (2) Liability A scholarship recipient who, for any reason, fails to begin or complete the service obligation under the contractual agreement under subsection (a)(3) after completion of academic training, or fails to comply with the terms and conditions of deferment established by the Secretary under paragraph (1), shall be in breach of such contractual agreement and shall be liable to the United States for an amount equal to— (A) the total amount of the scholarship received by such recipient under this section; and (B) the total amount of interest that would have been payable under a direct unsubsidized loan issued through the Department of Education’s Direct Loan Program. (h) Regulations The Secretary shall prescribe regulations necessary to carry out this section. (i) Conversion The Secretary is authorized to convert the status of a scholarship recipient to a member of the Foreign Service, as defined in section 103 of the Foreign Service Act of 1980, following the successful completion of the period of service described in subsection (a)(3). 5116. Arms Control and Nonproliferation Rotation Program (a) Establishment The Secretary, in consultation with the heads of other relevant Federal agencies, shall establish the Arms Control and Nonproliferation Rotation Program (in this section referred to as the Rotation Program ) for personnel of such agencies. The Rotation Program shall use applicable best practices, including those prescribed by the Chief Human Capital Officers Council. Personnel of a relevant Federal agency participating in the Rotation Program may be detailed to any other relevant Federal agency on a nonreimbursable basis. (b) Goals The Rotation Program shall— (1) be established in accordance with the human capital strategic plan of the Department of State; (2) provide midlevel personnel of relevant Federal agencies the opportunity to broaden their knowledge through exposure to other relevant Federal agencies, including to other bureaus and offices of the Department of State; (3) expand the knowledge base of the Department of State and other relevant Federal agencies; (4) build professional relationships and contacts among employees of relevant Federal agencies; (5) invigorate the Department of State’s arms control and nonproliferation workforce with professionally rewarding opportunities; and (6) incorporate human capital strategic plans and activities of the Department of State, and address critical human capital deficiencies, professional development, recruitment and retention efforts, and succession planning within the Department of State. (c) Responsibilities The Secretary shall— (1) provide oversight of the establishment and implementation of the Rotation Program; (2) establish a framework that supports the goals of the Rotation Program and promotes cross disciplinary rotational opportunities; (3) establish eligibility for personnel of other relevant agencies to participate in the Rotation Program and select participants from among the applicants; (4) establish incentives for personnel to participate in the Rotation Program, including through promotions and employment preferences; (5) ensure that the Rotation Program provides professional education and training; (6) ensure that the Rotation Program develops qualified employees and future leaders with broad based experience throughout the Department of State; and (7) provide for greater interaction among employees of relevant Federal agencies. (d) Allowances, privileges, and benefits All allowances, privileges, rights, seniority, and other benefits of personnel participating in the Rotation Program shall be preserved. (e) Reporting Not later than 1 year after the date of the establishment of the Rotation Program, the Secretary shall submit to the appropriate congressional committees and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the status of the Rotation Program, including a description of the Rotation Program, the number of individuals participating, and how the Rotation Program is used in succession planning and leadership development. (f) Definition For the purposes of this section, the term relevant Federal agency means the Department of State and any other Federal agency that is involved in United States arms control and nonproliferation activities. 2 Missile nonproliferation 5121. Licensing (a) Establishment of list of controlled items The Secretary, in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the Missile Technology Control Regime (MTCR) Annex the export of which is not controlled under section 6(l) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act). (b) Referral of license applications (1) In general A determination of the Secretary to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense. (2) Coordination Not later than 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents. (c) Information sharing The Secretary shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of National Intelligence, and with other appropriate Federal departments and agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology. (d) Exports to space launch vehicle programs Not later than 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this Act pursuant to United States obligations under the MTCR and are goods or services that are intended to support the design, utilization, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall transmit to the Congress a report describing the licensed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. The requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the MTCR as of April 17, 1987. 5122. Denial of the transfer of missile equipment or technology by United States persons (a) Sanctions (1) In general If the President determines that a United States person knowingly— (A) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 4311 of this Act, section 5 or 6 of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), or any regulations or orders issued under any such provisions of law, (B) conspires to or attempts to engage in such export, transfer, or trade, or (C) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in paragraph (2). (2) Applicable sanctions The sanctions which apply to a United States person under paragraph (1) are the following: (A) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person for a period of 2 years— (i) United States Government contracts relating to missile equipment or technology; and (ii) licenses for the transfer of missile equipment or technology controlled under this Act. (B) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person for a period of not less than 2 years— (i) all United States Government contracts, and (ii) all export licenses and agreements for items on the United States Munitions List. (b) Discretionary sanctions In the case of any determination made pursuant to subsection (a), the President may pursue any penalty provided in section 4372. (c) Presumption In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary has determined, for purposes of 6(j)(1)(A) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), has repeatedly provided support for acts of international terrorism (as such term is defined in section 9401(h)). (d) Waiver The President may waive the imposition of sanctions under subsection (a) with respect to a product or service if the President certifies to Congress that— (1) the product or service is essential to the national security of the United States; and (2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments. 5123. Transfers of missile equipment or technology by foreign persons Notwithstanding section 11201(2), section 73 of the Arms Export Control Act shall not be repealed and shall remain in effect as on the day before the date of the enactment of this Act. 5124. Notification of admittance of MTCR adherents (a) Policy report Following any action by the United States that results in a country becoming a MTCR adherent, the President shall transmit promptly to the Congress a report which describes the rationale for such action, together with an assessment of that country’s nonproliferation policies, practices, and commitments. Such report shall also include the text of any agreements or understandings between the United States and such country regarding the terms and conditions of the country’s adherence to the MTCR. (b) Intelligence assessment report At such times that a report is transmitted pursuant to subsection (a), the Director of National Intelligence shall promptly prepare and submit to Congress a separate report containing any credible information indicating that the country described in subsection (a) has engaged in any activity identified under subparagraph (A), (B), or (C) of section 5123(a)(1) within the previous two years. 5125. Authority relating to MTCR adherents Notwithstanding section 5123(b), the President may take the actions under section 5123(a)(2) under the circumstances described in section 5126(b)(2). 5126. Definitions (a) In general In this chapter— (1) the term missile means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems; (2) the term Missile Technology Control Regime or MTCR means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto; (3) the term MTCR adherent means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR; (4) the term MTCR Annex means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto; (5) the terms missile equipment or technology and MTCR equipment or technology mean those items listed in category I or category II of the MTCR Annex; (6) the term United States person has the meaning given that term in section 16(2) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); (7) the term foreign person means any person other than a United States person; (8) the term person — (A) means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and (B) in the case of a country with a non-market economy (excluding former members of the Warsaw Pact), includes— (i) all activities of that government relating to the development or production of any missile equipment or technology; and (ii) all activities of that government affecting the development or production of electronics, space systems or equipment, and military aircraft; and (9) the term otherwise engaged in the trade of means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred. (b) International understanding defined For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after January 1, 2000, the term international understanding means— (1) any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act; or (2) any specific understanding by a country that, notwithstanding section 5123(b), the United States retains the right to take the actions under section 5123(a)(2) in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act. 3 Chemical and biological nonproliferation 5131. Sanctions against certain foreign persons Notwithstanding section 11201(2), section 81 of the Arms Export Control Act shall not be repealed and shall remain in effect as on the day before the date of the enactment of this Act. B Counter-Narcotics authorities 5201. Findings Congress finds the following: (1) International narcotics trafficking poses a major transnational threat in today’s world, and its suppression is among the most important foreign policy objectives of the United States. (2) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States. (3) Effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs and other controlled substances. (4) In order for countries to effectively combat narcotics trafficking and other transnational crimes, they must have a strong rule of law system, to include an honest police force, independent courts, and effective prisons. (5) Given the magnitude of United States counter-narcotics efforts, as well as its impact and significance on other dimensions of United States bilateral relations, it is essential that a process be put into place that allows the periodic, comprehensive evaluation of these efforts and their foreign policy implications. 5202. Statement of policy It shall be the policy of the United States to— (1) support international narcotics control programs that have, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs and other controlled substances, money laundering, and the diversion of precursor chemicals, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs and other controlled substances are derived; (2) encourage the international community to provide assistance, where appropriate, to those producer and transit countries that require assistance in discharging these primary obligations; (3) use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication; (4) ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in money laundering investigations, prosecutions, and related forfeiture actions; and (5) endeavor to develop and promote global, regional, sub-regional, and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering, narcotics trafficking, and other transnational crimes. 5203. Goal and objectives (a) Goal The goal of foreign assistance under this subtitle is to help relevant countries build the capacity required to combat and reduce narcotics trafficking, money laundering, and other transnational crimes. (b) Objectives In furtherance of the goal described in subsection (a), foreign assistance under this subtitle shall be provided to achieve the following objectives: (1) Increase the professionalization, transparency, and accountability of law enforcement, judicial and penal personnel in the relevant country. (2) Improve the ability of law enforcement to prevent crimes, pursue and apprehend criminals, and increase security within their country. (3) Strengthen the capacity of the judicial system to hear and prosecute cases. 5204. General authorities (a) Authorities of the President The President is authorized to conclude agreements, including reciprocal maritime agreements, with United States State and local governments and with other countries to facilitate control of the production, processing, transportation, and distribution of narcotic and psychotropic drugs and other controlled substances. (b) Authorities of the Secretary Notwithstanding any other provision of law restricting assistance to foreign countries except sections 8101, 8102, and 8401, the Secretary is authorized to provide foreign assistance to any country or international organization, on such terms and conditions as the Secretary may determine, for the control of narcotic and psychotropic drugs and other controlled substances, or for related anticrime purposes. (c) Coordination of all United States antinarcotics assistance to foreign countries (1) Responsibility of Secretary of State The Secretary shall be responsible for coordinating and approving all foreign assistance provided by the United States Government to support international efforts to combat crime and illicit narcotics production or trafficking. (2) Rule of construction Nothing in paragraph (1) shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order No. 12333. (d) Use of herbicides for aerial eradication (1) Monitoring The Secretary, with the assistance of the heads of other appropriate Federal agencies, shall monitor any use under this subtitle of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals. (2) Report upon determination of harm to environment or health If the Secretary determines that any such use is harmful to the environment or the health of individuals, the Secretary shall immediately report that determination to the appropriate congressional committees, together with such recommendations as the Secretary determines appropriate. 5205. Authorization of Bureau of International Narcotics and Law Enforcement (a) Establishment There is established in the Department of State a Bureau of International Narcotics and Law Enforcement (in this section referred to as the Bureau ). (b) Head of bureau The head of the Bureau shall be an Assistant Secretary of International Narcotics and Law Enforcement. (c) Responsibilities The Bureau shall be responsible for supervision (including policy oversight of resources), coordinating, and overseeing programs related to international counternarcotics and law enforcement activities, including— (1) strengthening criminal justice systems; (2) countering the flow of illegal narcotics, including through building interdiction capabilities of partner countries and strengthening law enforcement and judicial authorities; and (3) minimizing transnational crime 5206. Use of funds (a) Treatment of funds Funds transferred to and consolidated with funds appropriated to carry out this subtitle may be made available on such terms and conditions as are applicable to funds appropriated to carry out this subtitle. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this subtitle. (b) Contributions (1) In general To ensure local commitment to the activities assisted under this subtitle, a country receiving assistance under this subtitle should contribute an appropriate share of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. A country may contribute such costs on an in kind basis. (2) Acceptance The Secretary is authorized to accept contributions from foreign governments to carry out the purposes of this subtitle. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated to carry out this subtitle. (c) Administrative Assistance (1) In general Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the Bureau of International Narcotics and Law Enforcement. (2) Limitation Paragraph (1) shall not apply to the extent that it would result in a reduction in funds available for counter-narcotics and anticrime assistance to foreign countries. (d) Advance notification of transfer of seized assets The Secretary shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity. (e) Excess property For purposes of this subtitle, the Secretary may use the authority of section 10506, without regard to the restrictions of such section, to receive nonlethal excess property from any United States Government department or agency for the purpose of providing such property to a foreign government under the same terms and conditions as funds authorized to be appropriated for the purposes of this subtitle. 5207. Requirements relating to aircraft and other equipment (a) Retention of title to aircraft (1) In general (A) Lease or loan basis Except as provided in paragraph (2), any aircraft made available to a foreign country under this chapter, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis. (B) Effective date Subparagraph (A) applies to aircraft made available at any time after the enactment of this Act. (2) Exceptions (A) Contrary to national interest The Secretary is authorized to transfer title of aircraft by sale or grant if he or she— (i) determines that the application of paragraph (1) with respect to particular aircraft would be contrary to the national interest of the United States; and (ii) the Secretary notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 8401. (B) Forfeiture Paragraph (1) shall not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries. (3) Assistance for leasing of aircraft (A) In general For purposes of satisfying the requirement of paragraph (1), funds made available for the Foreign Military Financing Program under title IV may be used to finance the leasing of aircraft under that title. (B) Cost of lease Section 4351(a)(3) shall not apply with respect to leases so financed, rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 4311(a)(2) or section 4312 (as appropriate). (b) Permissible uses of aircraft and other equipment (1) In general The Secretary shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this chapter are used only in ways that are consistent with the purposes for which such equipment was made available. (2) Exception Paragraph (1) shall not apply to aircraft or other equipment if the Secretary makes a determination under section 10508(b) that there is an emergency need which requires the use of the aircraft or other equipment. (c) Reports In the reports submitted pursuant to section 5211, the Secretary shall discuss— (1) the actions taken by the United States Government to prevent misuse of such equipment by that foreign country; and (2) any credible information indicating misuse by a foreign country of aircraft or other equipment made available under this chapter; and(3) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country. (d) Records of aircraft use (1) Requirement to maintain records The President shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section. (2) Congressional access to records The President shall make the records maintained pursuant to paragraph (1) available upon request to the appropriate congressional committees. 5208. Restrictions (a) Participation in foreign police actions Participation in foreign police actions under this subtitle shall be subject to the requirements of section 3303(d). (b) Procurement of weapons and ammunition (1) Prohibition Except as provided in paragraph (2), funds made available to carry out this subtitle shall not be made available for the procurement of weapons or ammunition. (2) Exceptions Paragraph (1) shall not apply with respect to funds for the procurement of— (A) weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes; or (B) firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the Department of State engaged in activities under this subtitle, if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 8401. (c) Limitations on Acquisition of Real Property and Construction of Facilities (1) Acquisition of real property (A) Prohibition Funds made available to carry out this subtitle may not be used to acquire (by purchase or other means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces. (B) Exception for certain leases Subparagraph (A) shall not apply to the acquisition of real property by lease of a duration not to exceed 2 years. (C) Exception for international training academies Subparagraph (A) shall not apply to the acquisition of land of real property for use as a training facility for judicial, prosecutorial, law enforcement, or regulatory officials. (2) Construction of facilities (A) Limitation Funds made available to carry out this subtitle may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section 8401. (B) Exception Paragraph (1) shall not apply to the construction of facilities which would require the obligation of less than $750,000 under this subtitle. 5209. International counter-narcotics strategy (a) Strategy required Not later than 1 year after the date of the enactment of this Act, and every 4 years thereafter, the Secretary shall submit to the appropriate congressional committees a comprehensive counter-narcotics strategy. The strategy shall include— (1) a list of the countries which the Secretary determines to be— (A) a major illicit drug-producing country; (B) a major illicit drug-transit country; (C) a major money-laundering country; or (D) a major source of precursor chemicals; (2) defined objectives for the activities of the Department of State relating to counter-narcotics, for each region and country it plans to target; (3) a description of how such objectives relate to, are informed by, and will be coordinated with those of relevant countries, as well as with those of other bilateral and multilateral donors; (4) a definition of the respective roles of each Federal department and agency in carrying out the strategy, and the mechanisms for coordination; (5) a description of the types of policies and programs needed to achieve such objectives; (6) an analysis of the key opportunities and challenges for achieving favorable results in the next 4-year period; (7) a list of indicators and other measurements of success to be used in assessing impact, to include the indicators listed in section 5210(a)(6); (8) the amounts devoted to similar purposes in the previous 4-year period, the results achieved and the lessons learned; and (9) an estimate of the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the next 4-year period. (b) Implementation None of the funds made available under this title may be obligated or expended for any programs, projects, or activities to implement a strategy required under subsection (a) until at least 15 days after the strategy is transmitted to the appropriate congressional committees pursuant to subsection (a). (c) Definitions In this section— (1) the term major illicit drug-producing country means a country that illicitly produces during a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana; (2) the term major illicit drug-transit country means a country— (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; (B) through which are transported such drugs or substances; or (C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government; (3) the term major money-laundering country means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and (4) the term major source of precursor chemicals means a country that is among the top 5 producers or the top 5 exporters of a listed chemical under section 102(33) of the Controlled Substances Act ( 21 U.S.C. 802(33) ). 5210. International narcotics control assistance report (a) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall transmit to the appropriate congressional committees a report on international narcotics control assistance. Such report shall, for each country— (1) describe the types and amounts of international narcotics control assistance provided or proposed to be provided by each Federal agency for the preceding fiscal year, the current fiscal year, and the next fiscal year; (2) include all transfers that were made by each Federal agency during the preceding fiscal year for narcotics control or anti-crime purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity, including an estimate of the fair market value and physical condition of each item of property transferred; (3) discuss the extent to which the country is meeting the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and the key areas in which improvements are needed; (4) explain how the strategy described under section 5209 is being implemented; (5) describe any progress made toward achieving the goal and objectives in section 5203; (6) identify the indicators and metrics to be used in assessing the impact of international narcotics control assistance, including the impact of the use of herbicides for aerial eradication on the environment, the health of individuals, and internal displacement; and (7) list any contributions under section 5206(b) received in the preceding fiscal year, the amount of such contributions, and the purposes for which such contributions were used. (b) Definition In this section, the term international narcotics control assistance means foreign assistance provided by any Federal agency to combat or control the transit, production, or financing of illicit narcotics. 5211. Narcotics strategy evaluation (a) In general The Comptroller General of the United States shall conduct an impact evaluation of programs carried out by the Bureau of International Narcotics and Law Enforcement, using rigorous quantitative data analysis. The evaluation shall measure progress made on the following indicators, as appropriate: (1) Supply Side Factors, such as— (A) estimated illicit drug production; (B) estimated illicit drug transshipment; (C) estimated illicit drug production and transshipment as a percentage of GDP; (D) number of individuals and households estimated to be involved in illicit drug production and transshipment; (E) number and average size of illicit drug-crop cultivation plots; (F) farm-gate price of illicit drug crop; and (G) in-country price and purity of illicit drug. (2) Disruption of Networks, such as— (A) drug seizures as a percentage of total estimated drug production and transshipment; and (B) arrests and convictions of major narcotics-related organized crime figures. (3) Economic well-being and governance, such as— (A) presence of government institutions (such as security forces, civilian ministries, local government, justice system) in zones of greatest drug production; (B) perceptions of police competence; (C) number of individuals and households formerly involved in drug production and transshipment who are now benefitting from development and alternative income programs; (D) level of drug-related violence as a percentage of overall violence; and (E) poverty and unemployment rates in departments, States or provinces with the greatest drug production and transshipment. (b) Submission The results of the evaluation required under subsection (a) shall be submitted to the appropriate congressional committees not later than 4 years after the date of the enactment of this Act and every 4 years thereafter. C Counter-Terrorism authorities 5301. Purposes Activities conducted under this subtitle shall be designed to— (1) build the capacity of foreign law enforcement and security personnel to detect, deter and counter terrorism; (2) counter and ameliorate the conditions and circumstances that foster terrorist and violent extremist ideologies, activity and recruitment; (3) increase respect for human rights by sharing with foreign civil authorities modern, humane, and effective antiterrorism techniques; and (4) enhance bilateral and multilateral partnerships to counter terrorism and violent extremism. 5302. Assistance to countries and multilateral organizations for counter-terrorism activities (a) Assistance to countries (1) In general Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 9101, 9102, 9401, and 9402), the Secretary, acting through the Assistant Secretary for Counterterrorism or other appropriate senior official, is authorized to provide, on such terms and conditions as the Secretary may determine— (A) assistance to foreign countries in order to enhance the ability of their law enforcement and security personnel to deter terrorists and terrorist groups from engaging in international terrorist acts such as bombing, kidnaping, assassination, hostage taking, and hijacking; and (B) in coordination with the Administrator, assistance to foreign countries, including nongovernmental organizations, to enhance their ability to counter violent extremism and radicalization and to counter the appeal of terrorist and other extremist organizations. (2) Assistance Assistance under paragraph (1)(A) may include the following: (A) Consistent with section 3303, the provision of equipment, supplies, and training to build the capacity of foreign law enforcement or security forces to conduct counter-terrorist operations and respect human rights. (B) Training services and the provision of equipment and other commodities related to detection and disposal of bombs (including improvised explosive devices), management of hostage situations, physical security, and other matters relating to the detection, deterrence, and prevention of acts of terrorism, the resolution of terrorist incidents, and the apprehension of those involved in such acts. (C) Support and cooperation with foreign banking, regulatory, and other officials to counter the financing of terrorist activities. (b) Assistance to multilateral organizations The Secretary is authorized to provide, on such terms and conditions as the Secretary may determine, support to multilateral organizations for international and regional counterterrorism cooperation programs, including the Regional Strategic Initiative. Such support may be provided in the form of grants, contracts, or voluntary contributions to such organizations. (c) Payment (1) In general If the Secretary determines it to be consistent with and in furtherance of the purposes of this subtitle, and on such terms and conditions consistent with this Act as the Secretary may determine, any Federal agency is authorized to provide services and commodities, without charge to funds available to carry out this subtitle, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 4411) in United States dollars by the foreign country. (2) Crediting Collections under this subtitle shall be credited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used. (3) Value The value in terms of original acquisition cost of all equipment and commodities provided under this subtitle in any fiscal year shall not exceed 30 percent of the funds made available to carry out this subtitle for that fiscal year. (d) Consultation Consistent with section 1(c)(2)(C) of the State Department Basic Authorities Act of 1956 (as added by section 3105), the Assistant Secretary of State for Democracy, Human Rights and Labor shall be consulted in determinations of foreign countries that will be provided assistance under this subtitle and determinations of the nature of assistance to be provided to each such country. (e) Limitation Arms and ammunition may be provided under this subtitle only if such arms and ammunition are directly related to counterterrorism assistance. (f) Rule of construction Nothing in this subtitle shall apply to information exchange activities conducted by Federal agencies under any other authority for such purposes 5303. Counter-terrorism responsibilities of the Department of State (a) In general Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subsection (c)(1), by striking 24 and inserting 25 ; and (2) in subsection (e) to read as follows: (e) Counterterrorism responsibilities (1) In general The Secretary of State shall be responsible for the overall supervision (including policy oversight of resources) of counterterrorism activities and may designate an Assistant Secretary or other senior official, who may report directly to the Secretary as appropriate, to assist in such activities. (2) Transfer authority The Secretary of State may transfer any authority, duty, or function assigned to the Coordinator for Counterterrorism or to the Office of the Coordinator for Counterterrorism to the Assistant Secretary or other senior official designated by the Secretary of State under paragraph (1) or to the Bureau of Counterterrorism (as the case may be). . (b) Conforming amendment Section 5315 of title 5, United States Code, is amended in the item relating to Assistant Secretaries of State, by striking (24) and inserting (25) . VI Sustaining the global environment 6001. Findings and statement of policy (a) Findings Congress finds the following: (1) Sound natural resource management, healthy ecosystems, and biological diversity are vital to alleviating poverty in developing countries that depend on natural resources for water, food, medicine, energy, household products, and tourism and trade. (2) Proper management and protection of natural resources can mitigate instability, conflict, and corruption in many developing countries. (3) Poaching and the illegal trafficking of wildlife represent significant threats to preserving biological diversity and can lead to crime and corruption. (4) Establishing protected areas can preserve wildlife and plant species from degradation and guard against the illegal wildlife trade. (5) Strengthening the indigenous capacity of partner countries to manage their natural resources improves the long-term sustainability of conservation programs and is essential for economic growth in developing countries. (b) Statement of policy It is the policy of the United States to work in cooperation with the international community, including nongovernmental organizations, to reduce biodiversity loss, adapt to and mitigate climate change, and integrate principles of environmental sustainability into policies and programs for international development. A Debt-for-Nature Exchanges 6101. Findings and statement of policy (a) Findings Congress finds the following: (1) Poverty and economic pressures on the populations of developing countries have led to environmental degradation that exacerbate existing challenges and imperil long-term, sustainable development. (2) Debt reduction can reduce economic pressures on developing countries and provide funds for environmental conservation and development. (3) Identifying and developing economic benefits to local communities from sustainable use of the environment is critical to the protection of ecosystems and to overall development. (4) Tropical forests provide a wide range of benefits to humankind by— (A) harboring a major share of the Earth’s biological and terrestrial resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops; (B) playing a critical role as carbon sinks in reducing greenhouse gases in the atmosphere, thus moderating potential global climate change; and (C) regulating hydrological cycles on which far-flung agricultural and coastal resources depend. (5) Coral reefs and associated coastal marine ecosystems provide a wide range of benefits to humankind by— (A) harboring more species per unit area than any other marine habitat, providing the basis for developing pharmaceutical products and fostering a growing marine tourism sector; (B) providing a major source of food and jobs for hundreds of millions of coastal residents; and (C) serving as natural storm barriers, thus protecting vulnerable shorelines and communities from storm waves and erosion. (b) Statement of policy It is the policy of the United States to work in cooperation with partner countries and nongovernmental organizations to protect and sustainably manage tropical forests, coral reefs, and other natural ecosystems, including through debt-for-nature exchanges. 6102. Definitions As used in this subtitle: (1) Administering body The term administering body means the entity provided for in section 6107(c). (2) Partner country The term partner country means an eligible country with respect to which the authority of paragraph (1) or (2) of section 6105(a) or section 6106(a)(1) is exercised. (3) Debt-for-Nature Agreement The term Debt-for-Nature Agreement or Agreement means a Debt-for-Nature Agreement provided for in section 6107. (4) Debt-for-Nature Facility The term Debt-for-Nature Facility or Facility means the Debt-for-Nature Facility established in the Department of the Treasury by section 6103. (5) Debt-for-Nature Fund The term Debt-for-Nature Fund or Fund means a Debt-for-Nature Fund provided for in section 6109. (6) Eligible country The term eligible country means a country described in section 6104. 6103. Establishment of the Facility There is established in the Department of the Treasury an entity to be known as the Debt-for-Nature Facility for the purpose of providing for the administration of debt reduction in accordance with this subtitle. 6104. Eligibility for benefits To be eligible for benefits from the Facility under this subtitle, a country shall be a developing country the government of which— (1) is democratically elected; (2) does not support acts of international terrorism; (3) does not engage in a consistent pattern of gross violations of internationally recognized human rights; (4) has in effect, has received approval for, or, as appropriate in exceptional circumstances, is making significant progress toward— (A) an International Monetary Fund standby arrangement, extended International Monetary Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, an International Monetary Fund-monitored program or its equivalent, unless the President determines that such an arrangement or program (or its equivalent) could reasonably be expected to have significant adverse social or environmental effects; and (B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association, unless the President determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects; and (5) if appropriate, has agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction. 6105. Authority to engage in debt-for-nature swaps and debt buybacks (a) Loans and credits eligible for sale, reduction, or cancellation (1) Debt-for-nature swaps (A) In general Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser described in subparagraph (B) any concessional loans described in section 6106 or any credits described in section 6106, or on receipt of payment from an eligible purchaser described in subparagraph (B), reduce or cancel such loans (or credits) or portion thereof under an Agreement, only for the purpose of facilitating a debt-for-nature swap to support eligible activities described in section 6108. (B) Eligible purchaser A loan or credit may be sold, reduced, or canceled under subparagraph (A) only to a purchaser who presents plans satisfactory to the President for using the loan or credit for the purpose of engaging in debt-for-nature swaps to support eligible activities described in section 6108. (2) Debt buybacks Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible country any concessional loans described in section 6106 or any credits described in section 6106, or on receipt of payment from an eligible country, reduce or cancel such loans (or credits) or portion thereof under an Agreement, only for the purpose of facilitating a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than the lesser of 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support eligible activities described in section 6108. (3) Limitation The authority provided by paragraphs (1) and (2) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the modification of any debt pursuant to such paragraphs are made in advance. (4) Terms and conditions Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans and credits may be sold, reduced, or canceled pursuant to this section. (5) Administration (A) In general When the President determines a purchaser to be an eligible purchaser pursuant to paragraph (1)(B), the Administrator or the Secretary of Agriculture, as the case may be, shall carry out the sale, reduction, or cancellation of a loan pursuant to such paragraph. (B) Additional requirement The Administrator or Secretary of Agriculture, as the case may be, shall make an adjustment in its accounts to reflect the sale, reduction, or cancellation. (b) Deposit of proceeds The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan. 6106. Reduction of debt owed to the United States as a result of concessional loans or credits under this Act and certain other provisions of law (a) Authority To reduce debt (1) Authority The President may reduce the amount owed to the United States (or any Federal agency) that is outstanding as of the date of the enactment of this Act as a result of concessional loans or credits made to an eligible country by the United States under this Act, the Foreign Assistance Act of 1961 (as such Act was in effect on the day before the date of the enactment of this Act), title I of the Agricultural Trade Development and Assistance Act of 1954 ( 7 U.S.C. 1701 et seq. ), or predecessor foreign economic assistance legislation. (2) Certain prohibitions inapplicable A reduction of debt pursuant to this section shall not be considered foreign assistance for purposes of any provision of law limiting assistance to a country. (b) Implementation of debt reduction (1) In general Any debt reduction pursuant to subsection (a) shall be accomplished at the direction of the Facility under an Agreement by the exchange of a new obligation for obligations of the type referred to in subsection (a) outstanding as of the date specified in subsection (a)(1). (2) Exchange of obligations (A) In general The Facility shall notify the Administrator or the Secretary of Agriculture of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations. (B) Additional requirement At the direction of the Facility, the old obligations that are the subject of the Agreement shall be canceled and a new debt obligation for the country shall be established relating to the Agreement, and the Administrator or the Secretary of Agriculture, as the case may be, shall make an adjustment in the respective agency’s accounts to reflect the debt reduction. (c) Additional terms and conditions (1) Repayment of principal The principal amount of each new obligation issued pursuant to subsection (b) shall be repaid in United States dollars. (2) Deposit of payments Principal repayments of new obligations shall be deposited in the United States Government account established for principal repayments of the obligations for which those obligations were exchanged. (d) Interest Principal repayments of new obligations shall be deposited in the United States Government account established for principal repayments of the obligations for which those obligations were exchanged. (1) Rate of interest Each new obligation issued by a partner country pursuant to subsection (b) shall bear interest at a concessional rate. (2) Currency of interest payment; deposits (A) Local currency If the partner country has entered into a Debt-for-Nature Agreement, interest shall be paid in the local currency of the partner country and deposited in the Debt-for-Nature Fund of such country. Such interest shall be the property of the partner country, until such time as it is disbursed pursuant to section 6109(b)(3). Such local currencies shall be used for the purposes specified in the Agreement. (B) United States dollars If the partner country has not entered into a Debt-for-Nature Agreement, interest shall be paid in United States dollars and deposited in the United States Government account established for interest payments of the obligations for which the new obligations were exchanged. (3) Interest already paid If a partner country enters into a Debt-for-Nature Agreement subsequent to the date on which interest first became due on the newly issued obligation, any interest already paid on such new obligation shall not be redeposited into the Debt-for-Nature Fund established for that country. 6107. Debt-for-Nature Agreement (a) Authority The President is authorized to enter into a Debt-for-Nature Agreement with any eligible country concerning the operation and use of the Debt-for-Nature Fund for the country. (b) Contents of agreement An Agreement with an eligible country shall— (1) require— (A) the establishment of a Fund for the country; or (B) in the case of a country with respect to which a fund has been established under part IV (relating to Enterprise for the Americas Initiative) or part V (relating to debt reduction for developing countries with tropical forests) of the Foreign Assistance Act of 1961 (as such Act was in effect on the day before the date of the enactment of this Act), the continued utilization of such fund; (2) require the country to make prompt disbursements from the Fund to the administering body described in subsection (c); (3) when appropriate, seek to maintain the value of the local currency resources of the Fund in terms of United States dollars; (4) contain reasonable provisions for the enforcement of the terms of the Agreement; and (5) establish criteria and priorities guiding the disbursement of grants consistent with the eligible activities in section 6108. (c) Administering body (1) In general Amounts disbursed from the Fund in each partner country shall be administered by a body constituted under the laws of that country. (2) Composition (A) In general The administering body shall consist of— (i) one or more individuals appointed by the United States Government; (ii) one or more individuals appointed by the government of the partner country; and (iii) individuals who represent a broad range of— (I) environmental nongovernmental organizations of, or active in, the partner country; (II) local community development nongovernmental organizations of the partner country; and (III) scientific, academic, or institutions of the partner country. (B) Additional requirement A majority of the members of the administering body shall be individuals described in subparagraph (A)(iii). (3) Responsibilities The administering body shall— (A) receive proposals for grant assistance from eligible grant recipients (as determined under subsection (d)) and make grants to eligible grant recipients in accordance with the priorities agreed upon in the Agreement, consistent with section 6108; (B) be responsible for the management of the program and oversight of grant activities funded from resources of the Fund; (C) consult with local communities on the planning, development, and implementation of plans, programs, and activities associated with the disbursements of grants; (D) be subject, on an annual basis, to an audit of financial statements conducted in accordance with generally accepted auditing standards by an independent auditor; (E) be required to grant to representatives of the United States Government Accountability Office such access to books and records associated with operations of the Fund as the Comptroller General of the United States may request; and (F) present an annual plan on activities for the upcoming year for review and an annual report on the activities the administering body undertook during the previous year to the Secretary of State, the Secretary of the Treasury, the Administrator, the government of the partner country, and, if appropriate, the nongovernmental organization. (d) Grant recipients (1) In general Grants made from the Fund shall be made to— (A) nongovernmental environmental, forestry, conservation, and indigenous peoples organizations of, or active in, the partner country; (B) other appropriate local or regional entities of, or active in, the partner country; or (C) in exceptional circumstances, the government of the partner country. (2) Priority In providing grants under paragraph (1), priority shall be given to projects that are run by local nongovernmental organizations and other private entities and that involve local communities in their planning and execution. (e) Review of larger grants Any grant of more than $250,000 from a Fund shall be subject to approval by the Government of the United States and the government of the partner country. (f) Eligibility criteria In the event that a country ceases to meet the eligibility requirements set forth in section 6104, then grants from the Fund for that country may only be made to nongovernmental organizations until such time as the country meets the eligibility requirements set forth in section 6104. (g) Use of funds To conduct program audits and evaluation Of the amounts made available to carry out this subtitle for a fiscal year, up to one percent is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this subtitle, including personnel costs associated with such audits, evaluations, monitoring, and administration. (h) Congressional notification The President shall notify the appropriate congressional committees of the President’s intention to enter into an Agreement with an eligible country at least 15 days in advance of entering into such Agreement. 6108. Eligible activities (a) In general Grants made from the Fund shall be used for— (1) restoration, conservation, or sustainable use of terrestrial and marine animal and plant species; (2) establishment, restoration, protection, and maintenance of parks, protected areas, and reserves; (3) development and implementation of scientifically sound systems of natural resource management, including land and water and ecosystem management practices; (4) development and implementation of programs to address the effects of climate change on environmental resources; (5) training programs to strengthen conservation institutions and increase scientific, technical, and managerial capabilities of local individuals and organizations involved in conservation efforts; or (6) research and identification of medicinal uses of plant life to treat human diseases, illnesses, and health related concerns. (b) Prioritizing Activities In cooperation with the partner country and nongovernmental organizations, the President shall seek to identify those areas, which because of an imminent threat, are in particular need of immediate attention to prevent the loss of unique biological life or valuable ecosystem. 6109. Debt-for-Nature Fund (a) Establishment Each partner country that enters into a Debt-for-Nature Agreement under section 6107 shall be required to establish a Debt-for-Nature Fund to receive payments of interest and principal on new obligations undertaken by the partner country under this subtitle. (b) Requirements relating to operation of Fund The following terms and conditions shall apply to the Fund: (1) Deposits Local currencies deposited in the Fund shall not be considered foreign assistance for purposes of any provision of law limiting assistance to a country. (2) Investment Deposits made in the Fund shall be invested until disbursed. Any return on such investment may be retained by the Fund, without deposit in the Treasury of the United States and without further appropriation by Congress. (3) Disbursements Funds in the Fund shall be disbursed pursuant to a Debt-for-Nature Agreement authorized under section 6107. 6110. Responsibilities to the Congress (a) Consultations with the Congress The President shall consult with the appropriate congressional committees on a periodic basis to review the operation of the Facility under this subtitle and the eligibility of countries for benefits from the Facility under this subtitle. (b) Report to Congress Not later than December 31 of each year, the President shall prepare and transmit to Congress an annual report concerning the operations of the Debt-for-Nature Facility under this subtitle for the prior fiscal year. Such report shall include— (1) a description of the activities undertaken by such Facility during the previous fiscal year; (2) a description of any Agreement entered into under this subtitle; (3) a report on Debt-for-Nature Funds that have been established under this subtitle and on the operations of such Funds; and (4) a description of any grants that have been provided by administering bodies pursuant to Debt-for-Nature Agreements under this subtitle. 6111. General savings clause An agreement in effect on the day before the date of the enactment of this Act under part IV (relating to Enterprise for the Americas Initiative) or part V (relating to debt reduction for developing countries with tropical forests) of the Foreign Assistance Act of 1961 (as such parts were in effect on the day before the date of the enactment of this Act) shall remain in effect subject to the terms and conditions under such agreement. B Commercial Debt-for-Nature Exchanges 6201. Commercial debt-for-nature exchange defined For purposes of this subtitle, the term commercial debt-for-nature exchange means the cancellation or redemption of the foreign debt of the government of a country in exchange for— (1) the government’s making available local currencies (including through the issuance of bonds) that are used only for eligible projects involving the conservation or protection of the environment in that country (as described in section 6203); (2) the government’s financial resource or policy commitment to take certain specified actions to ensure the restoration, protection, or sustainable use of natural resources within that country; or (3) a combination of assets and actions under both paragraphs (1) and (2). 6202. Authorization for commercial debt exchanges (a) In general The Administrator is authorized to provide grants, on such terms and conditions as the Administrator may determine, to nongovernmental organizations for the purchase on the open market of discounted commercial debt of a foreign government of an eligible country described in section 6204 which will be canceled or redeemed under agreed upon terms with that government as part of a commercial debt-for-nature exchange. (b) Interest Notwithstanding any other provision of law, a grantee (or any subgrantee) of the grants referred to in subsection (a) may retain, without deposit in the Treasury of the United States and without further appropriation by Congress, interest earned on the proceeds of any resulting commercial debt-for-nature exchange pending the disbursements of such proceeds and interest for approved program purposes, which may include the establishment of an endowment, the income of which is used for such purposes. 6203. Eligible projects (a) In general The Administrator shall seek to ensure that commercial debt-for-nature exchanges under this subtitle support one or more of the eligible activities listed in section 6108 by either the relevant government, a local private conservation group, or a combination thereof. (b) Identification of certain areas In cooperation with nongovernmental organizations and the relevant country, the Administrator shall seek to identify those areas, which because of an imminent threat, are in particular need of immediate attention to prevent the loss of unique biological life or valuable ecosystem. 6204. Eligible countries In order for a foreign country to be eligible to participate in a commercial debt-for-nature exchange under this subtitle the foreign country shall be a developing country that— (1) meets the requirements of section 6104; and (2) the Administrator determines— (A) is fully committed to the long-term viability of the program or project that is to be undertaken through the commercial debt-for-nature exchange; (B) has prepared a long-term plan, or a private conservation group has prepared a long-term plan for the country, which adequately provides for the long-term viability of the program or project that is to be undertaken through the commercial debt-for-nature exchange or that such a plan will be prepared in a timely manner; and (C) has a government agency or a local nongovernmental organization, or combination thereof, with the capability, commitment, and record of environmental concern to oversee the long-term viability of the program or project that is to be undertaken through the commercial debt-for-nature exchange. 6205. Prohibition The United States Government is prohibited from accepting title or interest in any land in a foreign country as a condition on the commercial debt-for-nature exchange. VII Expanding prosperity through trade and investment 7001. Findings Congress finds the following: (1) Fostering economic growth is essential to sustaining the impact of United States development assistance. (2) United States development assistance must be supplemented by developmentally beneficial private investment, which can be stimulated by United States-sponsored programs. (3) Attracting and retaining private investment requires improvements in the investment climate of developing countries, which require United States technical assistance. (4) Increasing exports is necessary for sustained economic growth in most developing countries, because domestic consumption is usually inadequate to stimulate and sustain increases in gross domestic product, employment, and personal income. (5) For most developing countries, receipt of additional loans would be counterproductive, exacerbating existing high debt levels that consume scarce domestic financial resources. 7002. Authority for coordination (a) Identification of priority countries In preparing the United States Strategy for Global Development under section 1017, the Interagency Policy Committee on Global Development shall identify a list of priority countries which would substantially benefit from United States programs to stimulate private investment flows and to provide technical assistance to attract and sustain such investment, taking into account each country’s— (1) high-level political leadership and commitment to development progress; (2) potential for rapid and sustained economic growth; and (3) importance to United States national interests and development goals. (b) Joint country action plan For each country identified as a priority country under subsection (a), the Interagency Policy Committee on Global Development shall— (1) undertake a rigorous joint analysis of constraints to growth, in partnership with the priority country and in consultation with the United States, international, and local private sectors, the donor community, civil society organizations, and relevant experts; (2) develop a joint country action plan that outlines potential tools, reforms, technical assistance, and resources that can be applied over the next five years to address the highest-priority constraints to growth; (3) coordinate and integrate the joint country action plan with Country Development Cooperation Strategies and related policies and programs; and (4) establish high-level mutual accountability for implementation, including through transparency and fact-based monitoring and evaluation. (c) Direction of resources The Interagency Policy Committee on Global Development may direct the resources of the Department of State, the United States Agency for International Development, the Overseas Private Investment Corporation, the Trade and Development Agency, and the Millennium Challenge Corporation to be made available to carry out the country plan. A Overseas Private Investment Corporation 7101. Creation and purpose (a) Creation There is established the Overseas Private Investment Corporation (in this subtitle referred to as the Corporation ), which shall be an agency of the United States under the policy guidance of the Secretary of State and the Interagency Policy Committee on Global Development. (b) Purpose (1) In general The primary purpose of the Corporation shall be to mobilize and facilitate the participation of United States private capital in the economic and social development of less developed countries, thereby complementing the foreign policy and development assistance objectives of the United States. (2) Responsibilities In carrying out its purpose, the Corporation shall undertake— (A) to conduct financing, insurance, and reinsurance operations on a self-sustaining basis, taking into account in its financing operations the economic and financial soundness of projects; (B) to use private credit and investment institutions and the Corporation’s guaranty authority as the principal means of mobilizing capital investment funds; (C) to broaden private participation and revolve its funds through selling its direct loans to private investors whenever it can appropriately do so on satisfactory terms; (D) to conduct its insurance operations with due regard to principles of risk management, including efforts to share its insurance risks and reinsurance risks; (E) to support the expansion of private enterprise and market-based economies; (F) to conduct its activities in coordination with the Interagency Policy Committee on Global Development, so as to carry out the foreign policy and development strategy of the United States; and (G) to advise and assist agencies of the United States and other organizations, both public and private, national and international, with respect to projects and programs relating to the development of private enterprise in less developed countries. 7102. Prohibitions and restrictions (a) Prohibitions The Corporation shall— (1) decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing for a proposed investment, if the Corporation determines that such investment is likely to cause a reduction in the employment of United States persons; (2) decline to insure, reinsure, guarantee, or finance any investment that would reduce exports of goods or services of United States origin or otherwise negatively affect the balance of trade of the United States; (3) decline to insure, reinsure, guarantee, or finance any investment in connection with a project that the Corporation determines will negatively affect the environment, or cause a health or safety hazard; and (4) decline to insure, reinsure, guarantee, or finance any investment in connection with a project that the Corporation determines will negatively affect the human rights, employment, living standard, social welfare, or culture of any persons in the country where the project is to be located. (b) Worker rights (1) Protection of worker rights The Corporation may insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken is taking steps to adopt and implement laws that extend internationally recognized worker rights, as defined in section 507(4) of the Trade Act of 1974, to workers in that country (including any designated zone in that country). The Corporation shall also include the following language, in substantially the following form, in all contracts that the Corporation enters into with eligible investors to provide financial support under this subtitle: The investor and all parties involved in the project agree to protect the right of employees of the foreign enterprise to exercise their right of association and their right to organize and bargain collectively. The investor and all parties involved in the project further agree to comply with core labor standards of the International Labor Organization and United Nations declarations on workers and worker rights relating to a minimum age for employment of children, acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety, and a prohibition on the use of forced labor. . (2) Use of annual reports on workers rights The Corporation shall, in making its determinations under paragraph (1), use the reports submitted to the Congress pursuant to section 504 of the Trade Act of 1974. (3) Waiver Paragraph (1) shall not prohibit the Corporation from providing any insurance, reinsurance, guaranty, or financing with respect to a country if the President determines that such activities by the Corporation would be in the national economic or foreign policy interests of the United States. Any such determination shall be reported in writing to the Congress, together with the reasons for the determination. (c) Environmental impact (1) In general The Board of Directors of the Corporation shall not consider or approve any action proposed to be taken by the Corporation that is likely to have adverse environmental impacts, unless for a period of at least 60 days before the date of the vote— (A) an environmental impact assessment, or initial environmental audit, analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the project applicant and made available to the Board of Directors; and (B) such assessment or audit has been made available to the public of the United States, locally affected groups in the host country, and host country nongovernmental organizations. (2) Compliance with extractive industries transparency initiative The Board of Directors shall ensure that the projects for which the Corporation provides insurance, reinsurance, a guaranty, or financing are in compliance with the Extractive Industries Transparency Initiative, or any successor international standard. 7103. Capital of the corporation The capital stock of the Corporation issued before the date of the enactment of this Act and held by the Secretary of the Treasury as of such date of enactment shall continue to be the capital stock of the Corporation on and after such date of enactment. 7104. Organization and management (a) Structure of the corporation The Corporation shall have a Board of Directors, a President, an Executive Vice President, and such other officers and staff as the Board of Directors may determine. (b) Board of directors (1) In general All powers of the Corporation shall vest in and be exercised by or under the authority of its Board of Directors (hereinafter in this subtitle referred to as the Board ), which shall consist of 15 Directors, including the Chairman, with 8 Directors constituting a quorum for the transaction of business. (2) Membership (A) Presidential appointees Eight Directors shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and may not be officers or employees of the United States Government. Two of the 8 Directors appointed under the preceding sentence shall be experienced in international development, 2 shall be experienced in international labor and human rights, 2 shall be experienced in environmental protection, and 2 shall be experienced in insurance and international finance. Each such Director shall be appointed for a term of not more than 3 years. The terms of not more than 3 such Directors may expire in any one year. Such Directors shall serve until their successors are appointed and qualified, and may be reappointed. (B) Officers of the government The remaining Directors shall be principal officers of the United States Government, including the President of the Corporation, the Administrator of the Agency for International Development, and one such officer of the Department of State, the Department of the Treasury, the Environmental Protection Agency, the Department of Labor, and the Department of Commerce, who are designated by and serve at the pleasure of the President of the United States. (3) Chair and vice chair There shall be a Chair and a Vice Chair of the Board, both of whom shall be designated by the President of the United States from among the Directors of the Board designated under paragraph (2)(B). (4) Compensation All Directors who are not officers of the Corporation or officers of the United States Government shall be compensated at a rate equivalent to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code, when actually engaged in the business of the Corporation, and may be paid per diem in lieu of subsistence at the applicable rate prescribed in the standardized Government travel regulations, while away from their homes or usual places of business. (c) President of the corporation The President of the Corporation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. The President of the Corporation shall be its Chief Executive Officer and shall be responsible for the operations and management of the Corporation, subject to bylaws and policies established by the Board. (d) Officers and staff (1) In general The Executive Vice President of the Corporation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. Other officers, attorneys, employees, and agents shall be selected and appointed by the Corporation, and shall be vested with such powers and duties as the Corporation may determine. (2) Applicability of civil service laws Of the persons employed by the Corporation under paragraph (1), not more than 20 may be appointed, compensated, or removed without regard to the civil service laws and regulations, except that under such regulations as the President of the United States may prescribe, officers and employees of the United States Government who are appointed to any of such positions may be entitled, upon removal from such position, except for cause, to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in addition to those otherwise authorized by law, including those authorized by section 5108 of title 5, United States Code. (e) Inspector General The Board shall appoint and maintain an Inspector General in the Corporation, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.). 7105. Investment Insurance and Other Programs (a) Investment insurance (1) In general The Corporation may issue insurance, upon such terms and conditions as the Corporation may determine, to eligible investors, assuring protection in whole or in part against any or all of the following risks with respect to projects which the Corporation has approved: (A) Inability to convert into United States dollars other currencies, or credits in such currencies, received as earnings or profits from the approved project, as repayment or return of the investment therein, in whole or in part, or as compensation for the sale or disposition of all or any part thereof. (B) Loss of investment, in whole or in part, in the approved project due to expropriation or confiscation by action of a foreign government or any political subdivision thereof. (C) Loss due to war, revolution, insurrection, or civil strife. (D) Loss due to business interruption caused by any of the risks set forth in subparagraphs (A), (B), and (C). (2) Shared liabilities Recognizing that major private investments in less developed friendly countries or areas are often made by enterprises in which there is multinational participation, including significant United States private participation, the Corporation may make arrangements with foreign governments (including agencies, instrumentalities, or political subdivisions thereof) or with multilateral organizations and institutions for sharing liabilities assumed under investment insurance for such investments and may in connection therewith issue insurance to investors that do not otherwise qualify as eligible investors, except that— (A) liabilities assumed by the Corporation under the authority of this paragraph shall be consistent with the purposes of this subtitle; and (B) the maximum share of liabilities so assumed may not exceed the proportionate participation by eligible investors in the project. (3) Limitation on single investors Not more than 10 percent of the maximum contingent liability of investment insurance that the Corporation is permitted to have outstanding under section 7106(a)(1) may be issued to a single investor. (4) Reports to Congress on certain risks Before issuing insurance for the first time for loss due to business interruption, and in each subsequent instance in which a significant expansion is proposed in the type of risk to be insured under the definition of civil strife or business interruption , the Corporation shall, at least 60 days before such insurance is issued, submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report with respect to such insurance, including a thorough analysis of the risks to be covered, anticipated losses, and proposed rates and reserves and, in the case of insurance for loss due to business interruption, an explanation of the underwriting basis upon which the insurance is to be offered. Any such report with respect to insurance for loss due to business interruption shall be considered in accordance with the procedures applicable to reprogramming notifications pursuant to section 8401 of this Act. (b) Investment guaranties The Corporation may issue to eligible investors guaranties of loans and other investments made by such investors assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine, subject to the following: (1) Such guaranties on other than loan investments may not exceed 75 percent of such investment. (2) Except for loan investments for credit unions made by eligible credit unions or credit union associations, the aggregate amount of investment (exclusive of interest and earnings) so guaranteed with respect to any project may not exceed, at the time of issuance of any such guaranty, 75 percent of the total investment committed to any such project as determined by the Corporation, such determination to be conclusive for purposes of the Corporation’s authority to issue any such guaranty. (3) Not more than 15 percent of the maximum contingent liability of investment guaranties that the Corporation is permitted to have outstanding under section 7106(a)(1) may be issued to a single investor. (c) Direct loans (1) Authority The Corporation may make loans in United States dollars repayable in dollars or loans in foreign currencies (including, without regard to section 1306 of title 31, United States Code, such foreign currencies that the Secretary of the Treasury may determine to be excess to the normal requirements of the United States and the Director of the Office of Management and Budget may allocate) to firms privately owned or of mixed private and public ownership, upon such terms and conditions as the Corporation may determine. (2) Portion of loan for technologies and projects in the United States The Corporation may designate up to 25 percent of any loan under this subsection for use in the development or adaptation in the United States of new technologies or new products or services that are to be used in the project for which the loan is made and are likely to contribute to the economic or social development of less developed countries. (3) Restriction on extraction of oil, gas, and minerals No loan may be made under this subsection to finance any operation for the extraction of oil or gas. The aggregate amount of loans under this subsection to finance operations for the mining or other extraction of any deposit of ore or other nonfuel minerals may not in any fiscal year exceed $4,000,000. (d) Investment encouragement The Corporation may initiate and support through financial participation, incentive grant, or otherwise, and on such terms and conditions as the Corporation may determine, the identification, assessment, surveying, and promotion of private investment opportunities, using wherever feasible and effective the facilities of private investors, except that— (1) the Corporation may not finance any survey to ascertain the existence, location, extent, or quality of, or to determine the feasibility of undertaking operations for the extraction of, oil or gas; and (2) expenditures financed by the Corporation during any fiscal year on surveys to ascertain the existence, location, extent, or quality of, or to determine the feasibility of undertaking operations for the extraction of, nonfuel minerals may not exceed $200,000. (e) Special activities The Corporation may administer and manage special projects and programs, including programs of financial and advisory support that provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings, and intermediate financial and investment institutions and cooperatives and including the initiation of incentives, grants, and studies for renewable energy and other small business activities. The funds for such projects and programs may, with the Corporation’s concurrence, be transferred to it for such purposes under the authority of section 10505(a) or from other sources, public or private. Administrative funds may not be made available for incentives, grants, and studies for renewable energy and other small business activities. (f) Other insurance functions (1) Reinsurance, etc The Corporation may make and carry out contracts of insurance or reinsurance, or agreements to associate or share risks, with insurance companies, financial institutions, any other persons, or groups thereof, and employing such companies, institutions, persons, or groups where appropriate, as its agent, or acting as their agent, in the issuance and servicing of insurance, the adjustment of claims, the exercise of subrogation rights, the ceding and accepting of reinsurance, and in any other matter incident to an insurance business, except that such agreements and contracts shall be consistent with the purposes of the Corporation set forth in section 7101 and shall be on equitable terms. (2) Risk sharing The Corporation may enter into pooling or other risk-sharing agreements with multinational insurance or financing agencies or groups of such agencies. (3) Holding ownership interests The Corporation may hold an ownership interest in any association or other entity established for the purposes of sharing risks under investment insurance. (4) Reinsurance of certain liabilities The Corporation may issue, upon such terms and conditions as it may determine, reinsurance of liabilities assumed by other insurers or groups thereof with respect to risks referred to in subsection (a)(1). (5) Limit on reinsurance The amount of reinsurance of liabilities under this subtitle that the Corporation may issue may not in the aggregate exceed at any one time an amount equal to the amount authorized for the maximum contingent liability outstanding at any one time under section 7106(a)(1). All reinsurance issued by the Corporation under this subsection shall require that the reinsured party retain for that party’s own account specified portions of liability, whether first loss or otherwise. (g) Local currency guaranties for eligible investors The Corporation may issue to eligible investors, or to local financial institutions, guaranties, denominated in currencies other than United States dollars, of loans and other investments made to projects sponsored by or significantly involving eligible investors, assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine, for projects that the Corporation determines to have significant developmental effects or as the Corporation determines to be necessary or appropriate to carry out the purposes of this subtitle. (h) Public hearings (1) Annual public hearings The Board shall hold at least one public hearing each year in order to afford an opportunity for any person to present views as to whether the Corporation is carrying out its activities in accordance with section 7101 and this section or whether any investment in a particular country should have been or should be extended insurance, reinsurance, guaranties, or financing under this subtitle. (2) Hearings in connection with Board meetings In conjunction with each meeting of its Board, the Corporation shall hold a public hearing in order to afford an opportunity for any person to present views regarding the activities of the Corporation. Such views shall be made part of the record. 7106. Issuing authority; direct loan authority; discharge of liabilities (a) Issuing authority (1) Maximum contingent liability The maximum contingent liability outstanding at any one time pursuant to insurance issued under section 7105(a), and the amount of financing issued under subsections (b) and (c) of section 7105, may not exceed in the aggregate $50,000,000,000. (2) Payment of subsidy and administrative costs Subject to spending authority provided in appropriations Acts pursuant to section 504(b) of the Federal Credit Reform Act of 1990, the Corporation may transfer such sums as are necessary from its noncredit activities to pay for the subsidy and administrative costs of the investment guaranties and direct loan programs under subsections (b) and (c) of section 7105. (b) Noncredit account revolving fund There is established in the Treasury of the United States a noncredit account revolving fund, which shall be available for discharge of liabilities, as provided in subsection (c), until such time as all such liabilities have been discharged or have expired or until all of the fund has been expended in accordance with the provisions of this section. Such fund shall be funded by— (1) the funds remaining, on the day before the date of the enactment of this Act, in the noncredit account revolving fund established under section 235(c) of the Foreign Assistance Act of 1961; (2) such sums as are appropriated pursuant to subsection (d) for such purpose; and (3) additional amounts as may be transferred to such fund pursuant to section 7107. (c) Order of payments To discharge liabilities Any payment made to discharge liabilities under investment insurance or reinsurance issued under section 7105 or under similar predecessor guaranty authority, shall be paid first out of the noncredit account revolving fund, as long as such fund remains available, and thereafter out of funds made available pursuant to subsection (d) of this section. Any payments made to discharge liabilities under guaranties issued under subsection (b) or (c) of section 7105 shall be paid in accordance with the Federal Credit Reform Act of 1990. (d) Authorization of appropriations (1) In general There are authorized to be appropriated to the Corporation, to remain available until expended, such amounts as may be necessary from time to time to replenish or increase the noncredit account revolving fund, to discharge the liabilities under insurance, reinsurance, or guaranties issued by the Corporation or issued under predecessor guaranty authority, or to discharge obligations of the Corporation purchased by the Secretary of the Treasury pursuant to this subsection. (2) Limitation on appropriations No appropriations may be made to augment the noncredit account revolving fund until the amount of funds in the noncredit account revolving fund is less than $25,000,000. Any appropriations to augment the noncredit account revolving fund shall then only be made either pursuant to specific authorization enacted after the date of the enactment of this Act, or to satisfy the full faith and credit provision of section 7108(c). (3) Issuance of Treasury instruments In order to discharge liabilities under investment insurance or reinsurance, the Corporation may issue from time to time for purchase by the Secretary of the Treasury its notes, debentures, bonds, or other obligations, except that the aggregate amount of such obligations outstanding at any one time may not exceed $100,000,000. Any such obligation shall be repaid to the Treasury within one year after the date of issue of such obligation. Any such obligation shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligation. The Secretary of the Treasury shall purchase any obligation of the Corporation issued under this subsection, and for such purchase the Secretary may use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31, United States Code (or the Second Liberty Bond Act), after the date of the enactment of the Overseas Private Investment Corporation Amendments Act of 1974. The purpose for which securities may be issued under such chapter shall include any such purchase. 7107. Income and revenues In order to carry out the purposes of the Corporation, all revenues and income transferred to or earned by the Corporation, from whatever source derived, shall be held by the Corporation and shall be available to carry out its purposes, including without limitation— (1) payment of all expenses of the Corporation, including investment promotion expenses; (2) transfers and additions to the insurance or guaranty reserves, noncredit account revolving fund, and such other funds or reserves as the Corporation may establish, at such time and in such amounts as the Board may determine; and (3) payment of dividends, on capital stock, which shall consist of and be paid from net earnings of the Corporation after payments, transfers, and additions under paragraphs (1) and (2). 7108. General provisions relating to insurance, guaranty, and financing program (a) Agreement with host country Insurance, guaranties, and reinsurance issued under this subtitle shall cover investment made in connection with projects in any less developed country with the government to which the President of the United States has agreed to institute a program for insurance, guaranties, or reinsurance. (b) Protection of interests of corporation The Corporation shall determine that suitable arrangements exist for protecting the interest of the Corporation in connection with any insurance, guaranty, or reinsurance issued under this subtitle, including arrangements concerning ownership, use, and disposition of the currency, credits, assets, or investments on account of which payment under such insurance, guaranty, or reinsurance is to be made, and right, title, claim, or cause of action existing in connection therewith. (c) Full faith and credit of the United States All insurance, reinsurance, and guaranties issued under this subtitle or predecessor guaranty authority shall constitute obligations, in accordance with the terms of such insurance, reinsurance, or guaranties, of the United States of America and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations. (d) Fees (1) In general Fees may be charged for providing insurance, reinsurance, guaranties, financing, and other services under this subtitle in amounts to be determined by the Corporation. In the event fees charged for insurance, reinsurance, guaranties, financing, or other services are reduced, fees to be paid under existing contracts for the same type of insurance, reinsurance, guaranties, financing, or services and for similar guaranties issued under predecessor guaranty authority may be reduced. (2) Credit transaction costs Project-specific transaction costs incurred by the Corporation relating to loan obligations or loan guaranty commitments covered by the provisions of the Federal Credit Reform Act of 1990, including the costs of project-related travel and expenses for legal representation provided by persons outside the Corporation and other similar expenses that are charged to the borrower, shall be paid out of the appropriate finance account established pursuant to section 505(b) of that Act. (3) Noncredit transaction costs Fees paid for the project-specific transaction costs and other direct costs associated with services provided to specific investors or potential investors pursuant to section 7105 (other than those covered in paragraph (2)), including financing, insurance, reinsurance, missions, seminars, conferences, and other preinvestment services, shall be available for obligation for the purposes for which they were collected, notwithstanding any other provision of law. (e) Limitation on term of assistance No insurance, guaranty, or reinsurance of any equity investment may extend beyond 20 years from the date of issuance. (f) Limitation on compensation (1) In general Compensation for any insurance, reinsurance, or guaranty issued under this subtitle may not exceed the dollar value, as of the date of the investment, of the investment made in the project with the approval of the Corporation, plus interest, earnings, or profits actually accrued on such investment to the extent provided by such insurance, reinsurance, or guaranties, except that the Corporation may provide that— (A) appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets; (B) compensation for a claim of loss under insurance of an equity investment may be computed on the basis of the net book value attributable to such equity investment on the date of loss; and (C) compensation for loss due to business interruption may be computed on a basis to be determined by the Corporation that reflects amounts lost. (2) Limitation on risk of loss Notwithstanding paragraph (1), the Corporation shall limit the amount of direct insurance and reinsurance issued by it under section 7105 so that risk of loss as to at least 10 percent of the total investment of the insured and its affiliates in the project is borne by the insured and such affiliates, except that limitation shall not apply to direct insurance or reinsurance of loans by banks or other financial institutions to unrelated parties. (g) No payment when fraud involved No payment may be made under any guaranty, insurance, or reinsurance issued under this subtitle for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible. (h) Limitation on investment in foreign institutions Insurance, guaranties, or reinsurance issued under this subtitle of a loan or equity investment of an eligible investor in a foreign bank, finance company, or other credit institution shall extend only to such loan or equity investment and not to any individual loan or equity investment made by such foreign bank, finance company, or other credit institution. (i) Settlement of claims Claims arising as a result of insurance, reinsurance, or guaranty operations under this subtitle or under predecessor guaranty authority may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the Corporation may determine. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive, notwithstanding any other provision of law. (j) Presumption of compliance of contracts Each guaranty contract executed by such officer or officers as may be designated by the Board shall be conclusively presumed to be issued in compliance with the requirements of this subtitle. (k) Consideration of effect on balance of payments In making a determination to issue insurance, guaranties, or reinsurance under this subtitle, the Corporation shall consider the possible adverse effect of the dollar investment under such insurance, guaranty, or reinsurance upon the balance of payments of the United States. (l) Violation of foreign corrupt practices act (1) In general No payment may be made under any insurance or reinsurance that is issued under this subtitle for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this subtitle, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977 or section 30A of the Securities Exchange Act of 1934. (2) Regulations to bar eligibility The Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 or section 30A of the Securities Exchange Act of 1934 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than 5 years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this subtitle. (m) Notification of host country of health, safety, and environmental standards (1) Notification (A) In general Before finally providing insurance, reinsurance, guaranties, or financing under this subtitle for any environmentally sensitive investment in connection with a project in a country, the Corporation shall notify appropriate government officials of that country of— (i) all guidelines and other standards adopted by the International Bank for Reconstruction and Development and any other international organization relating to the public health or safety or the environment that are applicable to the project; and (ii) to the maximum extent practicable, any restriction under any law of the United States relating to public health or safety or the environment that would apply to the project if the project were undertaken in the United States. (B) Contents of notification The notification under the subparagraph (A) shall include a summary of the guidelines, standards, and restrictions referred to in clauses (i) and (ii) of subparagraph (A). (2) Consideration of comments Before finally providing insurance, reinsurance, guaranties, or financing for any investment subject to paragraph (1), the Corporation shall take into account any comments it receives on the project involved that the Corporation considers relevant to such project. (n) Penalties for fraud Whoever knowingly makes any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way the action of the Corporation with respect to any insurance, reinsurance, guaranty, loan, equity investment, or other activity of the Corporation under section 7105, or any change or extension of any such insurance, reinsurance, guaranty, loan, equity investment, or activity, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (o) Use of local currencies Direct loans or investments made in order to preserve the value of funds received in inconvertible foreign currency by the Corporation as a result of activities conducted pursuant to section 7105(a) shall not be considered in determining whether the Corporation has made or has outstanding loans or investments to the extent of any limitation on obligations and equity investment imposed by or pursuant to this subtitle. The provisions of section 504(b) of the Federal Credit Reform Act of 1990 shall not apply to direct loan obligations made with funds described in this subsection. 7109. General provisions and powers (a) Principal office and residence The Corporation shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be resident thereof. (b) Continuation of status Notwithstanding section 11201(1), section 239(c) of the Foreign Assistance Act of 1961 shall not be repealed and shall remain in effect as on the day before the date of the enactment of this Act. (c) General authorities To carry out the purposes of this subtitle, the Corporation may— (1) adopt and use a corporate seal, which shall be judicially noticed; (2) sue and be sued in its corporate name; (3) adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law; (4) acquire, hold, or dispose of, upon such terms and conditions as the Corporation may determine, any property, real, personal, or mixed, tangible or intangible, or any interest therein; (5) invest funds derived from fees and other revenues in obligations of the United States and use the proceeds therefrom, including earnings and profits, as it considers appropriate; (6) indemnify directors, officers, employees, and agents of the Corporation for liabilities and expenses incurred in connection with their Corporation activities; (7) require bonds of officers, employees, and agents and pay the premiums therefor; (8) notwithstanding any other provision of law, represent itself or contract for representation in all legal and arbitral proceedings; (9) enter into limited-term contracts with nationals of the United States for personal services to carry out activities in the United States and abroad under subsections (d) and (e) of section 7105; (10) purchase, discount, rediscount, sell, and negotiate, with or without its endorsement or guaranty, and guarantee notes, participation certificates, and other evidence of indebtedness (except that the Corporation may not issue its own securities, except participation certificates for the purpose of carrying out section 7101(b)(2)(C) or participation certificates as evidence of indebtedness held by the Corporation in connection with settlement of claims under section 7108(i)); (11) make and carry out such contracts and agreements as are necessary and advisable in the conduct of its business; (12) exercise the priority of the United States Government in collecting debts from bankrupt, insolvent, or decedents’ estates; (13) determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to Government corporations; (14) collect or compromise any obligations assigned to or held by the Corporation, including any legal or equitable rights accruing to the Corporation; and (15) take such actions as may be necessary or appropriate to carry out its powers. (d) Development impact profiles In order to carry out the purpose set forth in section 7101, the Corporation shall prepare and maintain for each investment project it insures, finances, or reinsures, a development impact profile consisting of data appropriate to measure the projected and actual effects of such project on development. Criteria for evaluating projects shall be developed in consultation with the United States Agency for International Development. (e) Human rights The Corporation shall take into account in the conduct of its programs in a country, in consultation with the Secretary of State, all available information about observance of and respect for human rights and fundamental freedoms in such country and the effect the operation of such programs will have on human rights and fundamental freedoms in such country. (f) Taxation The Corporation, including its franchise, capital, reserves, surplus, advances, intangible property, and income, shall be exempt from all taxation at any time imposed by the United States, by any territory, dependency, or possession of the United States, or by any State, the District of Columbia, or any county, municipality, or local taxing authority. (g) Publication of policy guidelines The Corporation shall publish, and make available to applicants for insurance, reinsurance, guaranties, financing, or other assistance made available by the Corporation under this subtitle, the policy guidelines of the Corporation relating to its programs. 7110. Reports to the Congress (a) Annual report Not later than 3 months after the end of each fiscal year, the Corporation shall submit to the Congress a complete and detailed report of its operations during such fiscal year. Such report shall include— (1) an assessment, based upon the development impact profiles required by section 7109(d), of the economic and social development impact and benefits of the projects with respect to which such profiles are prepared, and of the extent to which the operations of the Corporation complement or are compatible with the development assistance programs of the United States and other donors; and (2) a description of any project for which the Corporation— (A) refused to provide any insurance, reinsurance, guaranty, financing, or other financial support, on account of information received under section 7109(e); or (B) notwithstanding such violations, provided such insurance, reinsurance, guaranty, financing, or financial support, on the basis of a determination that the national security interest so requires. (b) Projections on U.S. employment (1) In annual reports Each annual report required by subsection (a) shall contain projections of the effects on employment in the United States of all projects for which, during the preceding fiscal year, the Corporation initially issued any insurance, reinsurance, or guaranty or made any direct loan. Each such report shall include projections of— (A) the amount of United States exports to be generated by those projects, both during the startup phase and over a period of years; (B) the final destination of the products to be produced as a result of those projects; and (C) the impact such production will have on the production of similar products in the United States with regard to both domestic sales and exports. (2) Analysis of each project required The projections required by this subsection shall be based on an analysis of each of the projects described in paragraph (1). (3) Information to be included (A) In general In reporting the projections on employment required by this subsection, the Corporation shall specify, with respect to each project— (i) any loss of jobs in the United States caused by the project, whether or not the project itself creates other jobs; (ii) any jobs created by the project; and (iii) the country in which the project is located, and the economic sector involved in the project. (B) Protection of proprietary information No proprietary information may be disclosed under subparagraph (A). (c) Records To be maintained by Corporation The Corporation shall maintain as part of its records a copy of the analysis done of each project in preparing the reports required by subsection (b). (d) Protection of confidential information Subsection (b) does not require the inclusion in any report submitted pursuant to that subsection of any information that would not be required to be made available to the public pursuant to section 552 of title 5, United States Code (relating to freedom of information). 7111. Definitions In this subtitle: (1) Eligible investor The term eligible investor means— (A) a United States citizen; and (B) a corporation, partnership, or other association, including a nonprofit association, that is created under the laws of the United States, any State or territory thereof, or the District of Columbia. (2) Expropriation The term expropriation includes any abrogation, repudiation, or impairment by a foreign government, a political subdivision of a foreign government, or a corporation owned or controlled by a foreign government, of its own contract with an investor with respect to a project, if such abrogation, repudiation, or impairment is not caused by the investor’s own fault or misconduct, and materially adversely affects the continued operation of the project. (3) Investment The term investment includes any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of— (A) a loan or loans to an approved project; (B) the purchase of a share of ownership in any such project; (C) participation in royalties, earnings, or profits of any such project; and (D) the furnishing of commodities or services pursuant to a lease or other contract. (4) Local financial institution The term local financial institution — (A) means any bank or financial institution that is organized under the laws of any country or area in which the Corporation operates; but (B) does not include a branch, however organized, of a bank or other financial institution that is organized under the laws of a country in which the Corporation does not operate. (5) Noncredit account revolving fund The term noncredit account revolving fund means the noncredit account revolving fund established under section 7106(b). (6) Noncredit activities The term noncredit activities means all activities of the Corporation other than its loan guaranty program under section 7105(b) and its direct loan program under section 7105(c). (7) Predecessor guaranty authority The term predecessor guaranty authority means prior guaranty authorities (other than housing guaranty authorities) repealed by the Foreign Assistance Act of 1969, section 202(b) and 413(b) of the Mutual Security Act of 1954, section 111(b)(3) of the Economic Cooperation Act of 1948 (exclusive of authority relating to informational media guaranties), and authorities of the Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961. (8) United States person The term United States person means— (A) a United States citizen or national; and (B) any other entity that qualifies as an eligible investor. B United States Trade and Development Agency 7201. United States Trade and Development Agency (a) Purpose The United States Trade and Development Agency (in this subtitle referred to as the Agency ) shall be an agency of the United States under the policy guidance of the Secretary of State and the Interagency Policy Committee on Global Development. The primary purpose of the Agency is to facilitate United States private sector participation in development projects in developing countries, consistent with Country Development Cooperation Strategies prepared under section 1018. The Agency may also utilize its authorities and programs in other countries in furtherance of United States foreign policy and economic interests. (b) Authority To provide assistance (1) Authority The Director of the Agency may, under the direction of the Secretary of State and the Interagency Policy Committee on Global Development, carry out this subtitle by providing funds for technical assistance, feasibility studies, architectural and engineering design, and other activities related to the goals of the United States to attract and retain private sector investment in countries that are receiving United States development assistance under this Act and to promote exports of United States-origin goods and services. (2) Use of funds Funds under this section may be used to provide support for feasibility studies for the planning, development, and management of, and procurement for, bilateral and multilateral development projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States-origin goods and services in such projects. Funds under this section may also be used for architectural and engineering design, including— (A) concept design, which establishes the basic technical and operational criteria for a project, such as architectural drawings for a proposed facility, evaluation of site constraints, procurement requirements, and equipment specifications; (B) detail design, which sets forth specific dimensions and criteria for structural, mechanical, electrical, and architectural operations, and identifies other resources required for project operations; and (C) technical assistance to facilitate the attraction and retention of private sector investment to sustain economic development. (3) Information dissemination (A) By the agency The Agency shall disseminate information about its project activities to the private sector. (B) Cooperation of other agencies Other Federal agencies shall cooperate with the Agency in order for the Agency to provide more effectively informational services to persons in the private sector concerning trade development and export promotion related to development projects. (4) Contributions to costs The Agency shall, to the maximum extent practicable, require corporations and other entities to— (A) share the costs of technical assistance, feasibility studies, and other project planning services funded under this section; and (B) reimburse the Agency for those funds provided under this section, if the corporation or entity concerned succeeds in implementing the project. (c) Director and personnel (1) Director There shall be at the head of the Agency a Director who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Officers and employees (A) In general The Director may appoint such officers and employees of the Agency as the Director considers appropriate. (B) Functions The officers and employees appointed under this paragraph shall have such functions as the Director may determine. (C) Inapplicability of civil service laws Of the officers and employees appointed under this paragraph, 2 may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be compensated without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title. (D) Reinstatement of certain employees Under such regulations as the President may prescribe, any individual appointed under subparagraph (C) may be entitled, upon removal (except for cause) from the position to which the appointment was made, to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay. (d) Annual report The President shall, not later than December 31 of each year, submit to the appropriate congressional committees a report on the activities of the Agency during the preceding fiscal year. (e) Audits (1) In general The Agency shall be subject to the provisions of chapter 35 of title 31, United States Code, except as otherwise provided in this section. (2) Independent audit An independent certified public accountant shall perform a financial and compliance audit of the financial statements of the Agency each year, in accordance with generally accepted Government auditing standards for a financial and compliance audit, taking into consideration any standards recommended by the Comptroller General. The independent certified public accountant shall report the results of such audit to the Director of the Agency. The financial statements of the Agency shall be presented in accordance with generally accepted accounting principles. These financial statements and the report of the accountant shall be included in a report that contains, to the extent applicable, the information identified in section 3512 of title 31, United States Code, and that the Agency shall submit to the Congress not later than 6½ months after the end of the last fiscal year covered by the audit. The Comptroller General may review the audit conducted by the accountant and the report to the Congress in the manner and at such times as the Comptroller General considers necessary. (3) Audit by comptroller general The Comptroller General shall, if the Comptroller General considers it necessary or upon the request of the Congress, audit the financial statements of the Agency in the manner provided in paragraph (2). (4) Availability of information All books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Agency and the accountant who conducts the audit under paragraph (2), that are necessary for purposes of this subsection, shall be made available to the representatives of the Government Accountability Office designated by the Comptroller General. (f) Funding for technical assistance grants by multilateral development banks (1) In general The Agency, in carrying out its program, may provide, as appropriate, funds to multilateral development banks for technical assistance grants. (2) Definitions As used in paragraph (1)— (A) the term technical assistance grants means funding by multilateral development banks of services from the United States in connection with projects and programs supported by such banks, including engineering, design, and consulting services; and (B) the term multilateral development bank has the meaning given that term in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c)). C Enterprise Funds 7301. Findings Congress makes the following findings: (1) Enterprise funds are an effective mechanism to foster economic growth in support of United States foreign policy and development goals, by stimulating private capital flows and expanding financing for free market-based private enterprise. (2) Enterprise funds provide incentives for improvements in legal systems, commercial and tax codes, and accounting practices, as essential foundations for sustained economic growth. 7302. Purposes The purposes of this subtitle are— (1) to promote the private sector of partner countries while considering the development impact of investments and profitability of those investments, particularly in small- and medium-sized enterprises; (2) to promote policies and practices conducive to strengthening the private sector through loans, microloans, equity investments, insurance, guaranties, grants, feasibility studies, technical assistance, training for businesses receiving investment capital, and other measures; (3) to promote good corporate governance and transparency, foster competition, catalyze productivity improvements in existing businesses, and strengthen local capital markets; (4) to promote stability and security through job creation in the private sector and by fostering upward economic mobility; and (5) to promote fiscal sustainability through expanded private sector adherence to tax codes and, where appropriate, foster improvements in the tax code and regulatory environment in order to support economic development. 7303. Authority to designate enterprise funds (a) Authority (1) In general The Administrator is authorized to designate private, nonprofit organizations to operate pursuant to this subtitle as enterprise funds, as eligible to receive funds and support pursuant to this subtitle after determining that such organizations have been established for the purposes specified in section 7302. (2) Consultation The Administrator shall consult with the appropriate congressional committees before designating an organization under paragraph (1). (b) Board of directors (1) Number and appointment Each enterprise fund shall be governed by a board of directors. Subject to paragraph (3), the board of directors shall be composed of 9 members appointed by the Administrator as follows: (A) Five individuals who are private citizens of the United States. (B) Three individuals who are private citizens of the country in which the enterprise fund will operate, to be appointed by the Administrator in consultation with the government of such country. (C) One individual who is an officer or employee of the United States Agency for International Development. (2) Qualifications Each member of the board of directors appointed under paragraph (1) shall be selected from among individuals who have demonstrated expertise in one or more of the following areas: business development, commerce, international markets, capital investment, banking, and finance. (3) Nonvoting members The Administrator may appoint not more than 2 additional members of the board of directors, who may not vote on matters before the board of directors. If appointed, such additional members shall be representatives of nongovernmental organizations that have demonstrated expertise in the development needs of the country served by the enterprise fund. (c) Use of amounts (1) In general The Administrator may use funds appropriated by Congress to carry out the purposes specified in section 7302, including payment of the administrative expenses of the enterprise fund. (2) Grants The Administrator may use funds appropriated by Congress to make grants to enterprise funds designated under subsection (a), except that such appropriated funds may be used only for the purposes set forth in section 7302. (3) Compliance requirements (A) In general The Administrator not award a grant to an enterprise fund under paragraph (2) unless the Administrator and enterprise fund enter into a grant agreement under which the enterprise fund agrees to comply with the requirements under this section. (B) Termination date Such grant agreement shall state that the enterprise fund shall liquidate its assets and dissolve not later than a date determined by the Administrator, unless the Administrator determines, after consultation with the appropriate congressional committees, that the enterprise fund should be extended. (C) Disposition of assets At the time the enterprise fund is dissolved, the assets of the enterprise fund shall be transferred to the General Fund of the United States Treasury. (d) Notification to congress (1) In general Not less than 15 days before designating an organization to operate as an enterprise fund under subsection (a), the Administrator shall provide the information described in paragraph (2) to the appropriate congressional committees. (2) Information The information described in this paragraph is— (A) the identity of the organization to be designated to operate as the enterprise fund under subsection (a); (B) the names and qualifications of the individuals who will comprise the board of directors of the enterprise fund; and (C) a copy of the grant agreement between the Administrator and the enterprise fund. (e) Public disclosure Not later than 1 year after the entry into force of the grant agreement between the Administrator and an enterprise fund under this section, and annually thereafter, the enterprise fund shall prepare and make available to the public on an Internet website administered by the enterprise fund a report on the enterprise fund’s activities during the previous year, including— (1) a description of each investment supported by the enterprise fund, including each type of assistance provided in accordance with section 7303(c); (2) the amounts invested by the enterprise fund in each company or project; (3) the amounts of additional private investments made in each company or project; (4) the amounts of any profits or losses realized by the enterprise fund in connection with each such company or project; (5) the nature and amounts of administrative expenses incurred by the enterprise fund; and (6) the annual independent audit of the enterprise fund, as required under this subtitle. 7304. GAO reports Not later than 3 years after the establishment of an enterprise fund under this subtitle, and every 3 years thereafter until the enterprise fund is dissolved, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the activities of the enterprise fund in achieving the purposes of enterprise funds under this subtitle, identifying obstacles to achieving such purposes, and recommending such operational improvements in the enterprise fund that the Comptroller General determines are necessary. 7305. Operation provisions (a) Private character of enterprise funds Nothing in this subtitle shall be construed to make an enterprise fund an agency or establishment of the United States Government, or to make the officers, employees, or members of the board of directors of an enterprise fund officers or employees of the United States for purposes of title 5, United States Code. (b) Matters To be considered by enterprise funds In carrying out this subtitle, each enterprise fund shall take into account such considerations as internationally recognized worker rights and other internationally recognized human rights, environmental factors, United States economic and employment effects, and the likelihood of commercial viability of the activity receiving assistance from the enterprise fund. (c) Retention of interest An enterprise fund may hold funds granted to it pursuant to this subtitle in interest-bearing accounts, prior to the disbursement of such funds for purposes specified in section 7302, and may retain for such program purposes any interest earned on such deposits without returning such interest to the Treasury of the United States and without further appropriation by the Congress. (d) Use of United States private venture capital In order to maximize the effectiveness of the activities of the enterprise funds, each enterprise fund may conduct public offerings or private placements for the purpose of soliciting and accepting United States venture capital which may be used, separately or together with funds made available pursuant to this subtitle, for any lawful investment purpose that the board of directors of the enterprise fund may determine in carrying out this subtitle. Financial returns on enterprise fund investments that include a component of private venture capital may be distributed, at such times and in such amounts as the board of directors of the enterprise fund may determine, to the investors of such capital. (e) Nonapplicability of other laws Executive branch agencies may conduct programs and activities and provide services in support of the activities of the enterprise funds notwithstanding any other provision of law. (f) Limitation on payments to enterprise fund personnel (1) Benefits barred No part of the funds of an enterprise fund shall inure to the benefit of any board member, officer, or employee of that enterprise fund, except as salary or reasonable compensation for services, subject to paragraph (2). (2) Ceratin compensation barred An enterprise fund may not pay compensation for services to— (A) any board member of the enterprise fund, except for services as a board member; or (B) any firm, association, or entity in which a board member of the enterprise fund serves as partner, director, officer, or employee. (3) Exception for prior services Nothing in paragraph (2) shall preclude payment for services performed before the date of the enactment of this subsection, nor for arrangements approved by the grantor and notified in writing to the Committees on Appropriations of the House of Representatives and the Senate. (g) Independent private audits The accounts of each enterprise fund shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The report of each such independent audit shall be included in the annual report required by this section. (h) GAO audits The financial transactions undertaken pursuant to this subtitle by each enterprise fund may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States, so long as the enterprise fund is in receipt of United States Government grants. (i) Recordkeeping requirements The enterprise funds shall ensure— (1) that each recipient of assistance provided through the enterprise funds under this subtitle keeps— (A) separate accounts with respect to such assistance; (B) such records as may be reasonably necessary to disclose fully the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (C) such other records as will facilitate an effective audit; and (2) that the enterprise funds, or any of their duly authorized representatives, have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the enterprise funds under this section. (j) Annual reports Each enterprise fund shall publish an annual report, which shall include a comprehensive and detailed description of the enterprise fund's operations, activities, financial condition, and accomplishments under this subtitle for the preceding fiscal year. This report shall be published not later than January 31 each year, beginning in the calendar year after the calendar year in which the enterprise fund is designated under this subtitle. (k) Reinvestment Returns on investments of an enterprise fund and other payments to the fund may be reinvested in projects carried out by the fund without further appropriation by Congress. 7306. Best practices and procedures To the maximum extent practicable, the board of directors of each enterprise fund established under this subtitle should adopt the best practices and procedures used by enterprise funds, including those for which funding was made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5421 ). 7307. Experience of other enterprise funds In implementing this subtitle, the Administrator shall ensure that the articles of incorporation of each enterprise fund (including provisions specifying the responsibilities of the board of directors of the enterprise fund), the terms of United States Government grant agreements with the enterprise fund, and United States Government oversight of the enterprise fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5421 ) and comparable provisions of law. VIII Strategic planning, monitoring and evaluation, and reporting A Strategic planning 8101. Quadrennial Diplomacy, Development, and Security Review (a) Review of diplomacy, development, and security (1) In general Not later than December 15, 2014, and every 4 years thereafter, the Secretary and the Administrator shall complete a comprehensive examination (to be known as a Quadrennial Diplomacy, Development, and Security Review ) of United States diplomacy, development, and national security efforts. (2) Key elements of review The review described in paragraph (1) shall include information on the following: (A) The nature of the global challenges and opportunities facing the United States and the changes in such challenges and opportunities over the previous four-year period. (B) Key objectives and missions for United States foreign policy and foreign assistance, including a clear statement of United States objectives for development assistance and for security assistance. (C) The roles and responsibilities of Federal agencies in carrying out United States diplomacy, promoting global development, and protecting national security, and the mechanisms for cooperation between such agencies, including any reforms needed in such agencies and mechanisms to adapt to changing circumstances. (D) The roles of international organizations and multilateral institutions in advancing United States diplomatic, development, and security objectives, including the mechanisms for coordinating and harmonizing development policies and programs with partner countries and among donors. (E) The requirements for overseas infrastructure necessary to carry out United States diplomatic, development, and security objectives, including major changes in diplomatic presence and new investments in technology and facilities. (F) A plan, budget, and timetable for implementing the recommendations of the review, including any legislative requests and executive orders to be issued. (3) Interagency coordination and consultation In conducting each Quadrennial Diplomacy, Development, and Security Review, the Secretary and the Administrator shall take into account the views of the Secretary of Defense, the Secretary of the Treasury, the Attorney General, and the heads of all other Federal agencies carrying out international policies and programs under this Act. (b) Consultative process In conducting the review required under subsection (a), the Secretary and the Administrator shall consult with— (1) the appropriate congressional committees; (2) a variety of civil society groups, including private businesses, nongovernmental organizations involved in diplomacy, development, and security, and experts at academic institutions or institutions involved in the study of foreign policy, international development, or national security; and (3) appropriate international organizations and partner countries. (c) Report (1) Additional elements The Secretary and the Administrator shall transmit to the appropriate congressional committees a report upon completion of each Quadrennial Diplomacy, Development, and Security Review. The report shall include, in addition to all the elements identified in subsection (a)(2)— (A) the assumptions used to inform the review, including those regarding— (i) key global challenges and opportunities facing the United States over the next 10-year period; (ii) the capacity of United States diplomatic, development, and security personnel to respond to such challenges and opportunities; (iii) the cooperation and capacity of partner countries and international institutions in addressing such challenges and opportunities; (iv) the levels of engagement in operations other than war and smaller-scale contingencies and withdrawal from such operations and contingencies; (v) the intensity, duration, and military and political end-states of conflicts and smaller-scale contingencies that arise in the diplomatic, development, and security context; (vi) the anticipated roles and missions of the reserve components available to civilian agencies, including capabilities and resources necessary to assure that such reserve components can capably discharge such roles and missions; and (vii) the extent to which diplomatic, development, and security personnel need to be shifted to different regions to successfully carry out the full range of missions called for in the review; (B) a description of the process by which the review was conducted, including participation of personnel of the Department of State and the United States Agency for International Development, coordination and consultation with other Federal agencies, and consultations as required under subsection (b); and (C) lessons learned during the review process and recommendations for improvements in future years. (2) Public availability The report required under this subsection shall be made publicly available on the Internet upon transmission to the appropriate congressional committees. 8102. Comprehensive workforce and human resources strategy (a) Plan required The Administrator shall, not later than 1 year after the date of the enactment of this Act and every 5 years thereafter, develop a comprehensive workforce and human resources strategy, or review and modify as necessary the existing strategy, to strengthen the capacity of the Agency to carry out its mandate under section 10201. (b) Contents The strategy required under subsection (a) shall include— (1) an assessment of the implications of current development strategies and foreign policy priorities for technical and policy expertise; (2) the number, types, and level of specialists and generalists projected to be needed in each functional and geographic area, including support, management, and administrative functions; (3) the number, types, and level of specialists and generalists currently employed by the Agency, by bureau and office and by employment category; (4) an analysis of the workloads and competencies of existing staff, by bureau and office and by employment category; (5) the impact on paragraphs (3) and (4) of projected retirement and attrition rates over the next 5 years; (6) the steps needed to recruit, retain, and develop the necessary professional expertise, including through education and training, details, fellowships, scholarships and exchanges; (7) an assessment of the suitability of overseas facilities, including security, space, health and safety, physical integrity, access and location considerations; (8) a prioritized plan for capital improvements; (9) projected human resource challenges, including bureaucratic and legislative constraints, and recommended options for meeting such challenges; and (10) the assumptions regarding program and policy priorities and budget levels on which the strategy is based. (c) Employment category For the purposes of this section, the term employment category means the statutory authority under which an individual is employed, and includes civil service, Foreign Service, excepted service, personal services contractors, detailees, and locally employed staff. (d) Transmission to congress The plan required under subsection (a) shall be transmitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act, and every 5 years thereafter. Such plan may be updated at any time, and such update shall be transmitted accordingly. (e) Mid-Level hiring authority If the Administrator certifies that such hiring is necessary to meet the workforce requirements of the Agency as set forth in the plan required under subsection (a), the Administrator is authorized, notwithstanding section 307 of the Foreign Service Act of 1980, to hire up to 30 mid-career professionals, which may include individuals currently employed as personal services contractors, in each of the 3 fiscal years following the date of the enactment of this Act. B Monitoring and evaluation 8201. Monitoring and evaluation of foreign assistance (a) In general The President shall develop and implement a rigorous system to evaluate the effectiveness and efficiency of foreign assistance. (b) Components of system In order to avoid duplication, ensure comprehensive coverage, promote high and uniform standards, and facilitate comparability of results and the development of a strong body of evidence, the system required under subsection (a) shall include— (1) a method of coordinating evaluation activities among all Federal agencies carrying out foreign assistance; and (2) a process for consulting with relevant stakeholders and subject matter experts, as appropriate, on the planning, design, and implementation of evaluation activities and dissemination of evaluation findings. (c) Required actions In carrying out subsection (a), the President shall ensure that the head of each Federal agency takes the following actions with regard to foreign assistance carried out by that agency: (1) Establish measurable and meaningful performance objectives, including disaggregation by sex and age where appropriate. (2) Establish criteria for the selection of programs, projects, and activities to be subject to various evaluation methodologies, with a particular emphasis on impact evaluation. (3) Establish or designate an organizational unit with adequate staff and resources to oversee and provide technical support for evaluation activities. (4) Develop a plan for improving the capacity of the agency to conduct rigorous, relevant, and objective program monitoring and evaluation, including by— (A) providing relevant education and training opportunities; (B) encouraging the adoption of improved methodologies for data collection and analysis; and (C) ensuring that best practices are shared within and between agencies. (5) Establish guidelines for enhancing, in cooperation with other donors, the capacity of partner countries to monitor the use of and evaluate the impact of donor assistance. (6) Establish a process for applying the findings and results of monitoring and evaluation activities, including impact evaluation research, into future program planning, budgeting, design, and implementation. (7) Establish a policy for the publication of program evaluations. (8) Develop, in consultation with relevant stakeholders an annual evaluation plan that describes how the agency will meet the requirements of this section. (9) Identify the source or mechanism of funding to conduct monitoring and evaluation of foreign assistance carried out by such agency. (d) Submission of evaluation plans The President shall ensure that the evaluation plans required by subsection (c)(8) are submitted to the appropriate congressional committees each year along with the annual budget presentation, and are published on a government Internet website. (e) Local performance To the extent feasible and appropriate, evaluation activities carried out pursuant to the requirements of this section shall be carried out by, or with the participation of, organizations in the partner country. (f) Definitions In this section: (1) Evaluation The term evaluation means the systematic and objective determination and assessment of the design, implementation, and results of an on-going or completed program, project, or activity, including an explanation of the reasons or causes for the observed results. (2) Impact The term impact means a long-term effect of a program, project, or activity, whether positive or negative, direct or indirect, intended or unintended. (3) Impact evaluation research The term impact evaluation research means the application of research methods and statistical analysis to measure the extent to which an impact can be attributed to a foreign assistance program, project, or activity rather than to other factors. 8202. Monitoring and evaluation of humanitarian assistance (a) Division of responsibilities The Department of State shall be responsible for monitoring and evaluating humanitarian assistance carried out by the Department of State, and USAID shall be responsible for monitoring and evaluating humanitarian assistance carried out by USAID. (b) Congressional notification The Secretary or the Administrator, as appropriate, shall notify the appropriate congressional committees if assistance made available under this subtitle is not sufficient to meet international humanitarian standards. Such notification shall include a description of the standards not being met, the resources that would be required to meet such standards, and the reasons why such resources are not available. (c) Role of the office of food for peace The Office of Food for Peace (FFP) of the Agency shall be responsible for tracking and monitoring the nutritional outcomes of emergency food assistance provided under this Act and title II of the Agricultural Trade Development and Assistance Act of 1954 ( Public Law 83–480 ). (d) Monitoring and evaluation required The authorities of sections 1904 and 1905 shall not be used to vitiate the requirement of section 8201 for monitoring and evaluation of foreign assistance. C Reporting requirements 8301. Transparency and accountability in budgeting (a) In general The Secretary, the Administrator, and the Chief Executive Officer of the Millennium Challenge Corporation shall maintain an online database of information, easily accessible to the public, which contains the information described in subsection (b) for each project and activity within their respective areas of responsibility, including for any project or activity for which funds are transferred to another Federal agency for obligation. (b) Database requirements (1) Content Each project and activity shall be identified separately in such database, and for each project and activity the database shall include, at a minimum— (A) a brief description of the nature of the project or activity; (B) the geographic location or locations in which the project or activity is being carried out; (C) the specific objectives and timetable of the project or activity; (D) the indicators, which shall be quantitative wherever possible and relevant, used to define the successful achievement of the goals of the project or activity; (E) the number and demographic characteristics of the intended beneficiaries of the project or activity; (F) each sector, theme, goal and objective toward which the project or activity will be counted; (G) names and descriptions of the implementing partners of the project or activity; (H) the amount of United States foreign assistance funds obligated for each such project or activity and the source of those funds; (I) expenditures of funds for the project or activity on a quarterly basis; (J) the contributions toward the project or activity provided by the partner country; (K) any conditions placed on the use of United States Government funds obligated for the project or activity, and whether those conditions have been met; (L) the evaluation and monitoring plan for each such project or activity; (M) semiannual updates on results achieved to date for each such project or activity; and (N) if a project or activity has been extended, suspended, terminated, or significantly modified, the reasons for such action. (2) Administrative costs In addition to the information relating to specific projects and activities as required under paragraph (1), the database shall contain, for each overseas mission, information on all overhead and administrative costs, including— (A) for the previous fiscal year, numbers of staff in each employment category, housing and facilities operation and maintenance expenses, salaries and benefits, travel and transportation expenses, and other support costs; and (B) for the coming fiscal year, planned capital investments and projected staff increases or reductions. (3) Timing (A) Existing projects and activities For each project and activity in effect on the date of the enactment of this Act, the database shall be operative within 6 months of such date of enactment. (B) New projects and activities For each project and activity that has not received United States Government funding as of the date of the enactment of this Act, the department or agency (as the case may be) shall enter into the database the information required by paragraph (1) within 90 days from the date of the initial obligation of funds for the project or activity. (4) Modifications In the event of any changes or modifications in any of the elements of the database for a project or activity, the database shall be updated as soon as possible but in no event later than 30 days from the date on which such changes or modifications have been approved and, where applicable, agreed to by the partner country. (5) Reports in lieu of inclusion If the Secretary, the Administrator, or the Chief Executive Officer of the Millennium Challenge Corporation, as the case may be, makes a determination that the inclusion of a required item of information in the database could reasonably be expected to jeopardize the health or safety of a private partner or program beneficiary or would be detrimental to the national interests of the United States, such item of information may be submitted to the appropriate congressional committees in a non-public written report in lieu of including it in the database, along the reasons for not including it in the database. (6) Structure The database required under this section shall be structured so that— (A) data may be uploaded from overseas missions; and (B) users may search the data by word and sort the data by field. (c) Harmonization of data The information contained in the database required under subsection (b) shall include all information provided to the Development Assistance Committee of the Organization for Economic Cooperation and Development and the International Aid Transparency Initiative, and should, to the maximum extent possible, be harmonized with the types, categories and formats of information requested by such organization and such initiative. (d) Definition In this section, the terms project and activity mean a discrete assistance activity for which funds are made available, including activities encompassed within a strategy, compact, agreement, account or program of assistance. 8302. Congressional budget justification (a) Requirement for submission The President shall prepare, and submit to the Congress not later than February 1 of each year, a report justifying the resources requested for all foreign assistance programs. (b) Materials To be included The report submitted pursuant to subsection (a) shall include— (1) a description of each planned country, regional, or centrally funded program for the coming fiscal year, and the rationale for each such program; (2) the dollar amount of each program— (A) as proposed for the coming fiscal year; (B) as estimated for the current fiscal year; and (C) as allocated for the previous fiscal year; and (3) wherever possible, a description of the results achieved for each such program in the previous 1 to 5 fiscal years. 8303. Report on allocation of assistance under this Act (a) Report on allocations of assistance Not later than 30 days after the date of the enactment of any law appropriating funds to carry out any provision of this Act, the President shall notify Congress of— (1) each foreign country, international organization, regional program, and centrally funded program for which the United States Government intends to provide any portion of the funds under such law; and (2) the amount of funds under such law, by category of assistance, that the United States Government intends to provide to each such country, organization, and program. (b) Exception Subsection (a) does not apply with respect to any law making continuing appropriations. (c) Use of special authority The authority of section 9603 may not be used to waive the provisions of this section. 8304. Security assistance database (a) Database required The Secretary shall maintain an online database which contains the information described in subsection (b). Such database may be combined with the database required under section 8301. (b) Content The database required under subsection (a) shall include— (1) the type, dollar value, and quantity of defense articles (including excess defense articles), defense services, and international military education and training furnished by the United States to each foreign country and international organization; (2) the provision of law under which such article, service, and education or training was furnished; (3) the dollar value, quantity, and end user of semiautomatic assault weapons, or spare parts for such weapons, the manufacture, transfer, or possession of which is unlawful under section 922 of title 18, United States Code, receiving a license for export; and (4) for military education and training provided to foreign military personnel, the type of training, the number of foreign military personnel trained, their units of operation, and the location of the training. (c) Military education and training (1) Recordkeeping With respect to military education and training provided under subsection (b)(4), the Secretary of Defense shall develop and maintain records, which shall not be subject to the requirements for public availability in subsection (e), for each foreign military and defense participant in military education and training activities conducted under this or any other Act. Such database shall be made available to the Secretary of State and shall include the type of instruction received, the dates and location of such instruction, whether such instruction was completed successfully, and, to the extent practicable, the person’s subsequent military or defense ministry career and current position and location. (2) Report on violations Not later than March 1 of each year, the Secretary of State shall submit to the appropriate congressional committees a report describing any involvement of a foreign military or defense participant in military education and training activities under this or any other Act in a violation of internationally recognized human rights subsequent to such participation. Such report shall be in unclassified form, but may include a classified annex. (3) Addition to database The Secretary of Defense shall ensure that the database required under subsection (a) is updated to include the information reported to Congress pursuant to paragraph (2) (d) Timing The Secretary shall ensure that the database required under this section is operative not later than 180 days after the date of the enactment of this Act, and shall prescribe such procedures as are necessary to ensure that the required information is entered into the database in a timely manner and continuously updated. (e) Public availability The database required under this section shall be made publicly available on the Internet and shall be structured so that users may search the data by word and sort the data by field. (f) Form The database described in subsection (a) shall be in unclassified form and shall exclude any activity that is reportable under title V of the National Security Act of 1947. 8305. Classification of reports (a) In general Unless otherwise specifically provided by law, all information contained in any report required to be provided to Congress under this Act shall be in unclassified form and shall be made available to the public. (b) Exception If the President determines that publication of a specific item of information in any such report would be detrimental to the security of the United States, such item of information may be provided to Congress in a supplemental report in classified form along with an explanation of why publication of such specific item would be detrimental to the security of the United States. D Congressional notification procedures 8401. Notification of program changes (a) Notification of program changes Unless the appropriate congressional committees are notified at least 15 days in advance, funds appropriated for a fiscal year to carry out this Act may not be obligated for any assistance or contributions under this Act— (1) for a Country Development Cooperation Strategy, or any significant revision thereof, which has not been transmitted to the appropriate congressional committees in accordance with section 1018; (2) for a country, international organization, regional program, or centrally funded program for which assistance was not included in a Country Development Cooperation Strategy, or was not justified in congressional budget justification documents for that fiscal year; (3) more than 10 percent in excess of the amount allocated pursuant to section 8303 for that country, international organization, regional program, or centrally funded program for that fiscal year; (4) for a strategy or objective not justified to Congress for that country, international organization, regional program, or centrally funded program; (5) for a nonproject assistance activity; or (6) in the case of assistance administered through the Department of Defense under this Act, for the provision of major defense equipment (other than conventional ammunition) or aircraft, ships, missiles, or combat vehicles not previously justified to Congress, or more than ten percent in excess of the quantities justified to Congress. (b) Appropriations subject to requirements Subsection (a) applies with respect to all funds appropriated for assistance and contributions under this Act other than— (1) subtitles A and B of title VII (relating to the Overseas Private Investment Corporation and the Trade and Development Agency, respectively); (2) section 1131 (relating to the development credit authority); (3) section 2025 (relating to transition initiatives); (4) section 2022 (relating to complex crisis, stabilization, and prevention fund); and (5) humanitarian assistance. (c) Waiver The requirements of subsection (a) may be waived if the President— (1) determines that doing so is necessitated by emergency circumstances; (2) notifies the appropriate congressional committees as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable; and (3) includes in such notification an explanation of the circumstances necessitating the use of the authority of this subsection. 8402. Congressional notification parity The President shall ensure that the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified to the same degree and with the same conditions as the Committees on Appropriations are notified by the executive branch regarding any matter relating to foreign assistance. The requirements of this section are in addition to, and not in lieu of, other congressional notification requirements. 8403. Presidential findings and determinations (a) Written determinations In any case in which the President is required to make a report to the Congress, or to any committee or officer of either House of Congress, concerning any finding or determination under any provision of this Act or related appropriations Act, such finding or determination shall be reduced to writing and signed by the President. (b) Effective date No action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been reduced to writing and signed by the President. (c) Publication Each such finding or determination shall be published on the Internet and in the Federal Register as soon as practicable after it has been reduced to writing and signed by the President. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published. IX Policy Restrictions and Special Authorities A Policy Restrictions 9001. Definitions In this title: (1) Foreign terrorist organization The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (2) Government (A) In general The term government , when used with respect to a foreign country— (i) means the national government of the foreign country; and (ii) includes— (I) the government of any political subdivision of the foreign country; and (II) any agency or instrumentality of the national government or government of any political subdivision of the foreign country. (B) Agency or instrumentality defined For purposes of subparagraph (A), the term agency or instrumentality of the national government or government of any political subdivision of the country means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to the foreign country . (3) Provide The term provide includes— (A) the obligation and expenditure of funds; and (B) the sale, lease, grant, transfer, stockpiling and delivery of foreign assistance. (4) State sponsor of drug trafficking The term state sponsor of drug trafficking means a foreign government that is the subject of a determination under section 9302(a) which has not been waived or rescinded. (5) State sponsor of terrorism The term state sponsor of terrorism means a foreign government that is the subject of a determination under section 9401(a) which has not been waived or rescinded. (6) International terrorism The term international terrorism has the meaning given the term in section 2331 of title 18, United States Code. 1 Human Rights 9101. Prohibition on assistance to governments that engage in violations of human rights (a) In general No foreign assistance may be provided, and no licenses may be issued under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) for the export of crime control and detection instruments and equipment, to a foreign government which the Secretary determines engages in a consistent pattern of gross violations of internationally recognized human rights, including— (1) mass atrocities; (2) torture or cruel, inhuman, or degrading treatment or punishment; (3) prolonged detention without charges and trial; (4) causing the disappearance of persons by the abduction and clandestine detention of those persons; or (5) other flagrant denial of the right to life, liberty, and the security of person. (b) Expiration of determinations A determination of the Secretary under subsection (a) shall remain in effect until rescinded. (c) Rescission of determinations A determination of the Secretary under subsection (a) with respect to a foreign government may not be rescinded unless the President submits to the appropriate congressional committees a report certifying that the government has substantially improved its human rights record and no longer engages in any of the actions described in subsection (a). (d) Publication A determination made under subsection (a) or a report submitted under subsection (c) shall be published in the Federal Register and made available on the Internet website of the Department of State. (e) List The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of foreign governments for which determinations under subsection (a) are currently in effect and the date on which each such determination became effective. (f) Considerations In determining whether or not a foreign government meets the criteria described in subsection (a), the Secretary shall consider— (1) the extent of cooperation of the government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of such organizations; (2) specific actions which have been taken by the President or Congress because of the human rights practices or policies of the government; and (3) whether the government has engaged in or tolerated particularly severe violations of religious freedom (as such term is defined in section 3 of the International Religious Freedom Act of 1998). (g) Waiver Assistance prohibited by subsection (a) may be provided, and licenses may be issued, to a foreign government described in that subsection if, at least 15 days before providing such assistance, the President submits to the relevant congressional committees— (1) a certification that— (A) extraordinary circumstances exist warranting the provision of such assistance or the issuance of such license; and (B) the interests of providing such assistance or issuing such license outweigh the interests of protecting internationally recognized human rights; and (2) a report describing— (A) the types and amounts of assistance to be provided or licenses to be issued pursuant to the waiver; (B) the justification for such waiver; and (C) the time period for which such waiver will be effective. (h) Definitions In this section— (1) the term genocide means an offense as described in section 1091 of title 18, United States Code; and (2) the term relevant congressional committees means— (A) the appropriate congressional committees; and (B) in the case of licenses to be issued under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) for the export of crime control and detection instruments and equipment, the Committee on Banking, Housing, and Urban Affairs of the Senate. 9102. Prohibition on assistance to certain human rights violators (a) In general No foreign assistance may be provided to— (1) any unit of the security forces of a foreign government, (2) any agency or instrumentality of a foreign government, or (3) a private partner, if the Secretary has credible information that such unit, agency or instrumentality, or private partner, as the case may be, has committed a gross violation of internationally recognized human rights. (b) Exception The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that effective steps and corrective measures are being taken to bring the responsible members of such unit, agency or instrumentality, or private partner, as the case may be, to justice. (c) Duty To inform (1) In general In the event that funds are withheld from any unit pursuant to this section, the Secretary shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the government in taking effective measures to bring the responsible members of such unit to justice. (2) Publication The Secretary shall make publicly available on the Internet website of the Department of State the identity of each unit for which there is credible information that such unit has committed a gross violation of internationally recognized human rights. (3) Exception The requirements of paragraphs (1) and (2) shall not apply if the Secretary determines such application would compromise United States sources and methods or would jeopardize the health, safety, or human rights of a witness or informant. (d) Credible information The Secretary shall establish, and periodically update, procedures to— (1) maintain a current list of each foreign country with respect to which the United States provides training, equipment, or other types of assistance to any unit of the security forces of the government of such country; (2) facilitate receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of internationally recognized human rights by any entity described in paragraph (1), (2), or (3) of subsection (a); (3) routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources departments and agencies; (4) synchronize information obtained from all sources; (5) ensure that such information is evaluated and preserved; (6) ensure that when vetting an individual for eligibility to receive United States training the individual’s unit is also vetted; and (7) seek to identify the unit involved when credible information of a gross violation of internationally recognized human rights exists but the identity of the unit is lacking. (e) Investigations (1) In general The Secretary is authorized to use funds made available under title III or title IV for purposes of gathering, receiving, preserving, investigating, and evaluating evidence of gross violations of internationally recognized human rights by any entity described in paragraph (1), (2), or (3) of subsection (a). (2) Supplement not supplant Funds made available under paragraph (1) are in addition to amounts otherwise made available for the purposes described in paragraph (1). (f) Definitions In this section— (1) the term agency or instrumentality of a foreign government means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code; and (2) the term unit means the smallest unit operating in the field. 9103. Prohibition on assistance to governments following coups d’état (a) In general No foreign assistance may be provided to a foreign government whose duly elected leader the Secretary determines has been deposed by violence or threat of violence. (b) Exceptions The prohibition in subsection (a) shall not apply with respect to a foreign government if the Secretary determines and reports to the appropriate congressional committees that— (1) the purpose and effect of the deposition was to restore democratic governance; or (2) subsequent to the deposition, a democratically elected government has taken office. (c) Publication A determination made under subsection (a) shall be published in the Federal Register and made available on the Internet website of the Department of State. (d) Waiver Assistance prohibited by subsection (a) may be provided to a foreign government described in that subsection if, at least 15 days before providing assistance, the Secretary submits to the appropriate congressional committees— (1) a certification that providing assistance is important to the national security interest of the United States; and (2) a report describing— (A) the types and amounts of assistance to be provided pursuant to the waiver; (B) the justification for the waiver; and (C) the time period for which the waiver will be effective. 9104. Prohibition on assistance to governments that prohibit or impede delivery of humanitarian assistance (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines prohibits or impedes the delivery of humanitarian assistance. (b) Publication A determination made under subsection (a) shall be published in the Federal Register and made available on the Internet website of the Department of State. (c) Waiver Assistance prohibited by subsection (a) may be provided to a foreign government described in that subsection if, at least 15 days before providing assistance, the Secretary certifies and reports to the appropriate congressional committees that to do so is in the national security interest of the United States. 9105. Prohibition on use of funds to support or justify torture (a) In general No funds made available to carry out this Act may be made available to support or justify the use of torture or cruel, inhuman, or degrading treatment or punishment by any official or contract employee of the United States Government. (b) Reporting of abuses The Secretary shall submit to the appropriate congressional committees a report of any credible information that an official or contract employee of the United States Government has engaged in a violation of subsection (a). 9106. Prohibition on assistance to governments engaged in intimidation and harassment against individuals in the United States (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines is engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. (b) Publication A determination made under subsection (a) shall be published in the Federal Register and made available on the Internet website of the Department of State. (c) Determinations The Secretary shall report a determination under section (a) to the appropriate congressional committees. 2 Non-Proliferation 9201. Prohibition on assistance to governments that transfer nuclear enrichment equipment, materials, or technology (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines has delivered or received nuclear enrichment equipment, materials, or technology to or from any other country on or after August 4, 1977. (b) Exception The prohibition in subsection (a) shall not apply with respect to a foreign government if— (1) the receiving country had not been designated as a state sponsor of terrorism before delivery of such equipment, materials, or technology; (2) the supplying and receiving countries have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; (3) the transfers of all such equipment, materials, or technology occur in compliance with the Guidelines of the Nuclear Suppliers Group; and (4) the receiving country has entered into an agreement with the International Atomic Energy Agency (IAEA) to place all such equipment, materials, technology, and all nuclear fuel and facilities in the country under the safeguards system of the IAEA, and is complying with such agreement. (c) Expiration of determinations A determination of the Secretary under subsection (a) shall remain in effect until rescinded. (d) Rescission of determinations A determination of the Secretary under subsection (a) with respect to a foreign government may not be rescinded unless the President submits to the appropriate congressional committees a report certifying that— (1) there has been a fundamental change in the leadership and policies of the government; or (2) the government has entered into an agreement with the IAEA to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of the IAEA, and is complying with such agreement. (e) Publication A determination made under subsection (a) or a report submitted under subsection (d) shall be published in the Federal Register and made available on the Internet website of the Department of State. (f) List The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of governments for which determinations under subsection (a) are currently in effect. (g) Waiver Assistance prohibited by subsection (a) may be provided to a foreign government described in that subsection if, at least 15 days before providing such assistance, the President certifies and reports to the appropriate congressional committees that— (1) the termination of such assistance would have a serious adverse effect on vital United States interests; and (2) the President has received reliable assurances that the government— (A) if a government of a non-nuclear weapon state— (i) will not acquire or develop nuclear weapons or assist other countries in doing so; and (ii) will ensure that all past and future transfers of such equipment, materials, or technology shall be placed under an appropriate safeguards system by the IAEA; and (B) has taken or will take effective measures to ensure any future transfers of such equipment, materials, or technology are made in accordance with the Guidelines of the Nuclear Suppliers Group. (h) Resolution of disapproval (1) In general A rescission under subsection (d) or waiver under subsection (g) of a determination under subsection (a) shall cease to be effective if Congress enacts a joint resolution disapproving the proposed rescission or waiver. (2) Joint resolution described For the purposes of paragraph (1), the term joint resolution means only a joint resolution introduced not later than 30 days after the date of receipt of a report under subsection (d) or (g), as the case may be, the matter after the resolving clause of which is as follows: That the proposed _____ submitted to Congress on _____ under section 9201 of the Global Partnerships Act of 2013 is hereby prohibited. , with the first blank space being filled with rescission or waiver , as appropriate, and the second blank space being filled with the appropriate date. (3) Congressional procedures A joint resolution described in paragraph (2) and introduced within the appropriate 30-day period shall be considered in the Senate and the House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98–473 ), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively. 9202. Prohibition on assistance to governments that transfer nuclear reprocessing equipment, materials, or technology or nuclear explosive devices (a) Prohibition (1) In general No foreign assistance may be provided, and no loans or credit by a United States bank or financial institution extended, no goods subject to licensing by the United States for national security or foreign policy reasons exported, and no support by the United States given for any loan or financial or technical assistance by an international financial institution, to a government which the President determines— (A) transfers to a non-nuclear-weapon state a nuclear explosive device, or any design information or component which is determined by the President to be important to, and known by the transferring government to be intended by the recipient state for use in, the development or manufacture of any nuclear explosive device; (B) is a non-nuclear-weapon state and— (i) receives a nuclear explosive device; (ii) detonates a nuclear explosive device; (iii) seeks and receives any design information or component which is determined by the President to be important to, and intended by the recipient state for use in, the development or manufacture of any nuclear explosive device; or (iv) on or after August 8, 1985, exports illegally (or attempts to export illegally) from the United States any material, equipment, or technology which would contribute significantly to the ability of such country to manufacture a nuclear explosive device, if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of a nuclear explosive device, or (C) delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technology from any other country, on or after August 4, 1977. (2) Rule of construction For purposes of paragraph (1)(B)(4), an export (or attempted export) by a person who is an agent of, or is otherwise acting on behalf of or in the interests of, a country shall be considered to be an export (or attempted export) by that country. (b) Exception The prohibitions under subsection (a) shall not apply— (1) to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities); (2) to medicines, medical equipment, and humanitarian assistance; or (3) to any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity. (c) Waiver (1) In general Assistance prohibited by subsection (a) may be provided to a government described in that subsection if the President determines and certifies to the appropriate congressional committees that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. (2) Special authority Assistance prohibited by subsection (a)(1)(B)(ii) may be provided to a foreign government described in that subsection if the President determines and certifies to the appropriate congressional committees that the government has taken a significant compensatory nonproliferation action, such as the declaration of an unlimited moratorium on further nuclear detonations, the signature and entry-into-force of a legally binding international instrument prohibiting the production of additional fissile nuclear material, or similar action. (3) Effective date A certification under paragraph (1) or (2) shall not take effect until 30 days of continuous session of Congress have elapsed after its submission. For purposes of this paragraph, continuity of session of Congress is broken only by an adjournment of Congress sine die and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. (4) Non-delegation or transfer The President may not delegate or transfer the President’s power, authority, or discretion to make or modify determinations under this subsection. (d) Resolution of disapproval (1) In general A waiver under subsection (c) of a determination under subsection (a) shall cease to be effective if Congress enacts a joint resolution disapproving the proposed waiver. (2) Joint resolution described For the purposes of paragraph (1), the term joint resolution means only a joint resolution introduced not later than 30 days of continuous session of Congress (as described in subsection (c)(3)) after receipt of a certification under subsection (c), the matter after the resolving clause of which is as follows: That the proposed waiver under section 9202(c) of the Global Partnerships Act of 2013 is hereby prohibited. . (3) Congressional procedures A joint resolution described in paragraph (2) and introduced within the appropriate period shall be considered in the Senate and the House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98–473 ), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively. (e) Definitions In this section— (1) the term non-nuclear-weapon state has the meaning given the term in section 830(5) of the Nuclear Proliferation Prevention Act of 1994 ( 22 U.S.C. 6305(5) ); and (2) the term nuclear explosive device has the meaning given that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)). 9203. Security assistance to Pakistan (a) In general Security assistance may be provided to Pakistan after the Secretary makes a certification in accordance with subsection (b). (b) Certification Not less than 15 days before providing security assistance for Pakistan in a fiscal year, the Secretary shall transmit a certification to the appropriate congressional committees that— (1) the Government of Pakistan is continuing to safeguard its nuclear weapons-related facilities, material, and technology from theft and terrorist attack; and (2) the Government of Pakistan during the preceding fiscal year has demonstrated a sustained commitment to and is making significant efforts towards combating terrorist groups, taking into account the extent to which the Government of Pakistan has made progress on matters such as— (A) ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neighboring countries; (B) preventing al Qaeda, the Taliban and associated terrorist groups, such as Lashkar-e-Taiba, the Haqqani Network and Jaish-e-Mohammed, from operating in the territory of Pakistan, including by stopping cross-border attacks into neighboring countries, closing terrorist camps in the Federally Administered Tribal Areas, dismantling terrorist bases of operations in other parts of the country, including Quetta and Muridke, and taking action when provided with intelligence about high-level terrorist targets; and (C) strengthening counterterrorism and anti-money laundering laws. (c) Waiver (1) In general The Secretary may waive the requirement contained in subsection (a) for a fiscal year if the Secretary determines that is important to the national security interests of the United States to do so. (2) Prior notice of waiver The authority of paragraph (1) may not be exercised until 7 days after the Secretary provides to the appropriate congressional committees a written notice of the intent to issue a waiver and the reasons therefor. The notice may be submitted in classified or unclassified form, as necessary. (d) Effective date The provisions of this section shall take effect on the date on which section 203 of the Enhanced Partnership with Pakistan Act of 2009 ( Public Law 111–73 ) ceases to be effective. 3 Narcotics 9301. Prohibition on assistance to drug traffickers (a) In general The Secretary shall take all reasonable steps to ensure that foreign assistance is not provided to or through any individual or entity that the Secretary knows or has reason to believe— (1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States or a foreign country relating to narcotic or psychotropic drugs or other controlled substances; or (2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such substance. (b) Regulations The Secretary shall issue regulations to carry out this section. (c) Congressional notification Regulations issued pursuant to subsection (b) shall be submitted to the appropriate congressional committees before they take effect. (d) United States defined In this section, the term United States includes each State of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. 9302. Prohibition on assistance to state sponsors of drug trafficking (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines has expressly consented to, or with knowledge, allowed, tolerated, or disregarded the recurring use of any part of the land, waters, or airspace of the country for the transit, production, or financing of illicit narcotics. (b) Expiration of determinations A determination of the Secretary under subsection (a) shall remain in effect until rescinded. (c) Rescission of determinations A determination of the Secretary under subsection (a) with respect to a government may not be rescinded unless the President submits to the appropriate congressional committees a report certifying that such government no longer expressly consents to, or with knowledge, allows, tolerates, or disregards the recurring use of any part of the land, waters, or airspace of the country for the transit, production, or financing of illicit narcotics. (d) Publication A determination made under subsection (a) and a report submitted under subsection (c) shall be published in the Federal Register and made available on the Internet website of the Department of State. (e) List The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of governments for which determinations under subsection (a) are currently in effect and the date on which each determination became effective. (f) Waiver Assistance prohibited by subsection (a) may be provided to a government described in that subsection if, at least 15 days before providing assistance, the President submits to the appropriate congressional committees— (1) a certification that national security interests or humanitarian reasons justify such a waiver; and (2) a report describing— (A) the type and amount of assistance to be provided pursuant to the waiver; (B) the justification for such waiver; and (C) the time period for which such waiver will be effective. 9303. Prohibition on reimbursements for drug crop eradications No foreign assistance may be made available to reimburse persons in foreign countries for the eradication of their illicit drug crops. 4 Terrorism A General provisions 9401. Prohibition on assistance to state sponsors of terrorism (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines— (1) has repeatedly provided support for acts of international terrorism; or (2) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (b) Expiration of determinations A determination of the Secretary under subsection (a) shall remain in effect until rescinded. (c) Rescission of determinations A determination of the Secretary under subsection (a) with respect to a government may not be rescinded unless the President submits to the appropriate congressional committees— (1) before the proposed rescission would take effect, a report certifying that— (A) there has been a fundamental change in the leadership and policies of the government; (B) the government is not supporting acts of international terrorism; and (C) the government has provided assurances that it will not support acts of international terrorism in the future; or (2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that— (A) the government has not provided any support for international terrorism during the preceding 6-month period; and (B) the government has provided assurances that it will not support acts of international terrorism in the future. (d) Publication A determination made under subsection (a) or a report submitted under subsection (c) shall be published in the Federal Register and made available on the Internet website of the Department of State. (e) List The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of governments for which determinations under subsection (a) are currently in effect. (f) Waiver Assistance prohibited by subsection (a) may be provided to a foreign government described in that subsection if, at least 15 days before providing assistance, the President submits to the appropriate congressional committees— (1) a certification that national security interests or humanitarian reasons justify a such a waiver; and (2) a report describing— (A) the type and amount of assistance to be provided pursuant to the waiver; (B) the justification for such waiver; and (C) the time period for which such waiver will be effective. (g) Resolution of disapproval (1) In general A rescission under subsection (c)(2) or a waiver under subsection (f) of a determination under subsection (a) shall cease to be effective if Congress enacts a joint resolution disapproving the proposed rescission or waiver. (2) Joint resolution described For the purposes of paragraph (1), the term joint resolution means only a joint resolution introduced not later than 45 days after the date of receipt of a report under subsection (c)(2) or not later than 15 days after receipt of a certification under subsection (f), as the case may be, the matter after the resolving clause of which is as follows: That the proposed _____ submitted to Congress on _____ under section 9401 of the Global Partnerships Act of 2013 is hereby prohibited. , with the first blank space being filled with rescission or waiver , as appropriate, and the second blank space being filled with the appropriate date. (3) Congressional procedures A joint resolution described in paragraph (2) and introduced within the appropriate period shall be considered in the Senate and the House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98–473 ), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively. (h) Definition In this section, the term support for acts of international terrorism includes— (1) expressly consenting to, or with knowledge, allowing, tolerating, or disregarding the recurring use of any part of the land, waters, or airspace of the country by a terrorist or terrorist organization— (A) to carry out terrorist activities, including training, financing, and recruitment; or (B) as a transit point; (2) granting sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or (3) willfully aiding or abetting— (A) the international proliferation of nuclear explosive devices to individuals or groups; (B) the acquisition by individuals or groups of unsafeguarded special nuclear material; and (C) the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, biological, or radiological weapons. 9402. Prohibition on assistance to foreign governments supporting state sponsors of terrorism (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines provides assistance (other than humanitarian assistance) to, or transfers lethal military equipment to, a state sponsor of terrorism. (b) Applicability The prohibition in subsection (a) shall apply only to assistance provided or transfers made after the date on which a government was designated as a state sponsor of terrorism. (c) Expiration of determinations A determination of the Secretary under subsection (a) shall remain in effect until rescinded. (d) Rescission of determinations A determination of the Secretary under subsection (a) with respect to a government may not be rescinded unless the President submits to the appropriate congressional committees a report certifying that— (1) the government has not provided assistance or transferred lethal military equipment to a state sponsor of terrorism during the preceding 12-month period; (2) there has been a fundamental change in the leadership and policies of the government; and (3) the government has provided assurances that it will not provide assistance or transfer lethal military equipment to a state sponsor of terrorism in the future. (e) Publication A determination made under subsection (a) and a report submitted under subsection (d) shall be published in the Federal Register and made available on the Internet website of the Department of State. (f) List The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of governments for which determinations under subsection (a) are currently in effect. (g) Waiver Assistance prohibited by subsection (a) may be provided to a government described in that subsection if, at least 15 days before providing assistance, the President submits to the appropriate congressional committees— (1) a certification that providing foreign assistance to the government is important to the national interests of the United States; and (2) a report describing— (A) the type and amount of assistance to be provided pursuant to the waiver; (B) the justification for such waiver; and (C) the time period for which such waiver will be effective. 9403. Prohibition on transactions with state sponsors of terrorism (a) Prohibited transactions by the united states government The following transactions by the United States Government are prohibited: (1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this Act or any other law (except as provided in subsection (g)). In implementing this paragraph, the President— (A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary makes the determination described in section 9401(a) with respect to the government of the country; and (B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary makes that determination. (2) Providing credits, guarantees, or other financial assistance under the authority of this Act or any other law (except as provided in subsection (g)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the President shall suspend expenditures pursuant to any such assistance obligated before the Secretary makes the determination described in section 9401(a) with respect to the government of the country. The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to Congress, that suspension of those expenditures causes undue financial hardship to a supplier, shipper, or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country. (3) Consenting under this Act, or under any other law (except as provided in subsection (g)), to any transfer of any munitions item to a country described in subsection (d). In implementing this paragraph, the President shall withdraw any such consent, which is in effect at the time the Secretary makes the determination described in section 9401(a) with respect to the government of the country, except that this sentence does not apply with respect to any item that has already been transferred to such country. (4) Providing any license or other approval under this Act for any export or other transfer (including by means of a technical assistance agreement, manufacturing licensing agreement, or coproduction agreement) of any munitions item to a country described in subsection (d). In implementing this paragraph, the President shall suspend any such license or other approval which is in effect at the time the Secretary makes the determination described in section 9401(a) with respect to the government of the country, except that this sentence does not apply with respect to any item that has already been exported or otherwise transferred to such country. (5) Otherwise facilitating the acquisition of any munitions item by a state sponsor of terrorism. This paragraph applies with respect to activities undertaken— (A) by any department, agency, or other instrumentality of the United States Government; (B) by any officer or employee of the United States Government (including members of the United States Armed Forces); or (C) by any other person at the request or on behalf of the United States Government. The President may waive the requirements of the second sentence of paragraph (1), the second sentence of paragraph (3), and the second sentence of paragraph (4) to the extent that the President determines, after consultation with Congress, that unusual and compelling circumstances require that the President not take the actions specified in that sentence. (b) Prohibited transactions by united states persons (1) In general A United States person may not take any of the following actions: (A) Exporting any munitions item to any country described in subsection (d). (B) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any country described in subsection (d). (C) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any recipient which is not the government of or a person in a country described in subsection (d) if the United States person has reason to know that the munitions item will be made available to any country described in subsection (d). (D) Taking any other action which would facilitate the acquisition, directly or indirectly, of any munitions item by a state sponsor of terrorism, or any person acting on behalf of that government, if the United States person has reason to know that action will facilitate the acquisition of that item by such a government or person. (2) Liability for actions of foreign subsidiaries, etc A United States person violates this subsection if a corporation or other person that is controlled in fact by that United States person (as determined under regulations, which the President shall issue), takes an action described in paragraph (1) outside the United States. (3) Applicability to actions outside the united states Paragraph (1) applies with respect to actions described in that paragraph which are taken either within or outside the United States by a United States person described in subsection (k)(2)(A) or (B). To the extent provided in regulations issued under subsection (k)(2)(D), paragraph (1) applies with respect to actions described in that paragraph which are taken outside the United States by a person designated as a United States person in those regulations. (c) Transfers to governments and persons covered This section applies with respect to— (1) the acquisition of munitions items by a state sponsor of terrorism; and (2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d), except to the extent that subparagraph (D) of subsection (b)(1) provides otherwise. (d) Countries covered by prohibition The prohibitions contained in this section apply with respect to any country that is the subject of a determination under section 9401(a), which has not been waived or rescinded. (e) Publication of determinations Each determination of the Secretary under subsection (d) shall be published in the Federal Register and made available on the Internet website of the Department of State. (f) Waiver (1) In general The President may waive the prohibitions contained in this section with respect to a specific transaction if— (A) the President determines that the transaction is essential to the national security interests of the United States; and (B) not less than 15 days prior to the proposed transaction, the President— (i) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and (ii) submits to the appropriate congressional committees a report containing— (I) the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items; (II) a description of the munitions items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction (or if the items are transferred by other than sale, the manner in which they will be provided); (III) the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for such proposed transaction; (IV) the date on which the proposed transaction is expected to occur; and (V) the name of each United States Government department, agency, or other entity involved in the proposed transaction, every foreign government involved in the proposed transaction, and every private party with significant participation in the proposed transaction. (2) Form To the extent possible, the information specified in paragraph (1)(B)(ii) shall be provided in unclassified form, with any classified information provided in an addendum to the report. (g) Exemption for transactions subject to national security act reporting requirements The prohibitions contained in this section do not apply with respect to any transaction subject to reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ; relating to congressional oversight of intelligence activities). (h) Relation to other laws (1) In general With regard to munitions items controlled pursuant to this Act, the provisions of this section shall apply notwithstanding any other provisions of law, other than section 9603. (2) Waiver authority If the authority of section 9603(a) is used to permit a transaction under this Act which is otherwise prohibited by this section, the written policy justification required by that section shall include the information specified in subsection (f)(2)(B) of this section. (i) Criminal penalty Any person who willfully violates this section shall be fined for each violation not more than $1,000,000, imprisoned not more than 10 years, or both. (j) Civil penalties; enforcement In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 12(a) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) (subject to the same terms and conditions as are applicable to such powers under that Act), except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that, notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000. (k) Definitions As used in this section— (1) the term munitions item means any item enumerated on the United States Munitions list (without regard to whether the item is imported into or exported from the United States); (2) the term United States person means— (A) any citizen or permanent resident alien of the United States; (B) any sole proprietorship, partnership, company, association, or corporation having its principal place of business within the United States or organized under the laws of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States; (C) any other person with respect to that person’s actions while in the United States; and (D) to the extent provided in regulations issued by the Secretary, any person that is not described in subparagraph (A), (B), or (C) but— (i) is a foreign subsidiary or affiliate of a United States person described in subparagraph (B) and is controlled in fact by that United States person (as determined in accordance with those regulations), or (ii) is otherwise subject to the jurisdiction of the United States, with respect to that person’s actions while outside the United States; (3) the term nuclear explosive device has the meaning given that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)); and (4) the term unsafeguarded special nuclear material has the meaning given that term in section 830(8) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305 (8)). 9404. Transactions with countries not fully cooperating with United States counterterrorism efforts (a) Prohibited transactions No defense article or defense service may be sold or licensed for export under this Act in a fiscal year to a foreign country whose government the Secretary determines and certifies to Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with United States counterterrorism efforts. (b) Waiver The President may waive the prohibition in subsection (a) with respect to a specific transaction if the President determines and reports to the appropriate congressional committees that the transaction is important to the national interests of the United States. 9405. Withholding of United States proportionate share for certain programs of international organizations (a) In general No contributions by the United States shall be made to any international organization for the United States proportionate share for programs in countries determined to be state sponsors of terrorism in accordance with section 9401(a). (b) Proportionate share The Secretary shall— (1) review, at least annually, the budgets and accounts of all international organizations receiving funds under this Act; and (2) report to the appropriate congressional committees the amounts of funds expended by each such organization for the purposes described in subsection (a) and the amount contributed by the United States to each such organization. (c) Exceptions The limitation in subsection (a) shall not apply to contributions to the International Atomic Energy Agency or the United Nations Children’s Fund (UNICEF). B Middle East provisions 9411. Conditional contributions to certain international organizations (a) In general No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. (b) Exception The limitation in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that the United Nations Relief and Works Agency is taking all possible measures to assure that no part of the United States contribution shall be used to provide assistance to any refugee who is receiving military training as a member of any terrorist group or guerrilla-type organization or who has engaged in any act of terrorism. 9412. Limitation on assistance to the Palestinian Authority (a) Limitation Assistance may be provided under this Act to the Hamas-controlled Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. (b) Certification A certification described in subsection (a) is a certification transmitted by the President to Congress that contains a determination of the President that— (1) no ministry, agency, or instrumentality of the Palestinian Authority is effectively controlled by Hamas, unless the Hamas-controlled Palestinian Authority has— (A) publicly acknowledged the Jewish state of Israel’s right to exist; and (B) committed itself and is adhering to all previous agreements and understandings with the United States Government, with the Government of Israel, and with the international community, including agreements and understandings pursuant to the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the Roadmap ); and (2) the Hamas-controlled Palestinian Authority has made demonstrable progress toward— (A) completing the process of purging from its security services individuals with ties to terrorism; (B) dismantling all terrorist infrastructure within its jurisdiction, confiscating unauthorized weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and preempting terrorist attacks, and fully cooperating with Israel’s security services; (C) halting all anti-American and anti-Israel incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and replacing educational materials, including textbooks, with materials that promote peace, tolerance, and coexistence with Israel; (D) ensuring democracy, the rule of law, and an independent judiciary, and adopting other reforms such as ensuring transparent and accountable governance; and (E) ensuring the financial transparency and accountability of all government ministries and operations. (c) Recertifications Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every six months thereafter— (1) the President shall transmit to Congress a recertification that the conditions described in subsection (b) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. (d) Congressional notification Assistance made available under this Act to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 8401. (e) National security waiver (1) In general Subject to paragraph (2), the President may waive subsection (a) with respect to— (A) the administrative and personal security costs of the Office of the President of the Palestinian Authority; (B) the activities of the President of the Palestinian Authority to fulfill his or her duties as President, including to maintain control of the management and security of border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and (C) assistance for the judiciary branch of the Palestinian Authority and other entities. (2) Certification The President may only exercise the waiver authority under paragraph (1) after— (A) consulting with, and submitting a written policy justification to, the appropriate congressional committees; and (B) certifying to the appropriate congressional committees that— (i) it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and (ii) the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization. (3) Report Not later than 10 days after exercising the waiver authority under paragraph (1), the President shall submit to the appropriate congressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting procedures that are in place to ensure proper oversight and accountability. (4) Treatment of certification as notification of program change For purposes of this subsection, the certification required under paragraph (2)(B) shall be deemed to be a notification under section 8401 and shall be considered in accordance with the procedures applicable to notifications submitted pursuant to that section. (f) Definition In this section, the term Palestinian Authority means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council. 9413. Limitation on assistance for the West Bank and Gaza (a) Limitation Assistance may be provided under this Act to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in section 9412(b) is in effect with respect to the Palestinian Authority. (b) Exceptions Subsection (a) shall not apply with respect to the following: (1) Assistance to meet basic human needs Assistance to meet food, water, medicine, health, or sanitation needs, or other assistance to meet basic human needs. (2) Assistance to promote democracy Assistance to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organization. (3) Assistance for individual members of the palestinian legislative council Assistance, other than funding of salaries or salary supplements, to individual members of the Palestinian Legislative Council who the President determines are not members of Hamas or any other foreign terrorist organization, for the purposes of facilitating the attendance of such members in programs for the development of institutions of democratic governance, including enhancing the transparent and accountable operations of such institutions, and providing support for the Middle East peace process. (4) Other types of assistance Any other type of assistance if the President— (A) determines that the provision of such assistance is in the national security interest of the United States; and (B) not less than 30 days prior to the obligation of amounts for the provision of such assistance— (i) consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and (ii) submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A). (c) Marking requirement Assistance provided under this Act to nongovernmental organizations for the West Bank and Gaza shall be marked as assistance from the American people or the United States Government unless the Secretary of State or, as appropriate, the Administrator of the United States Agency for International Development, determines that such marking will endanger the lives or safety of persons delivering such assistance or would have an adverse effect on the implementation of that assistance. (d) Congressional notification Assistance made available under this Act to nongovernmental organizations for the West Bank and Gaza may not be provided until 15 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 8401. 5 Trade and commerce 9501. Prohibition on assistance for exporting United States jobs (a) Incentives and inducements No foreign assistance may be made available to provide any financial incentive to a business enterprise located in the United States for the purpose of inducing such enterprise to relocate outside the United States, if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States. (b) Workers’ rights No foreign assistance may be made available for any program, project, or activity that contributes to the violation of internationally recognized worker rights (as such term is defined in section 507(4) of the Trade Act of 1974 ( 19 U.S.C. 2467(4) )) of workers in a partner country, including any designated zone or area in the country. 9502. Prohibition on assistance to governments that expropriate United States property (a) In general No foreign assistance may be provided to a foreign government which the Secretary determines has— (1) on or after January 1, 1962— (A) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 percent beneficially owned by United States citizens; (B) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 percent beneficially owned by United States citizens; or (C) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned; and (2) failed within a reasonable time to take appropriate steps, which may include arbitration, to— (A) discharge its obligations under international law toward such citizen or entity, including speedy compensation for such property in convertible foreign exchange, equivalent to the full value thereof, as required by international law; or (B) provide relief from such taxes, exactions, or conditions, as the case may be. (b) Reasonable time defined For the purposes of subsection (a)(2), the term reasonable time means— (1) not more than six months after an action described in subsection (a)(1); or (2) in the event of a referral to the Foreign Claims Settlement Commission of the United States, not more than twenty days after the report of the Commission is received. (c) Expiration of determinations A determination of the Secretary under subsection (a) shall remain in effect until rescinded. (d) Rescission of determinations A determination of the Secretary under subsection (a) with respect to a foreign government shall not be rescinded unless the President submits to the appropriate congressional committees a report certifying that the government has taken appropriate steps to— (1) discharge its obligations under international law toward such citizen or entity; or (2) provide relief from the taxes, exactions, or conditions, as the case may be. (e) Publication A determination made under subsection (a) or a report submitted under subsection (d) shall be published in the Federal Register and made available on the Internet website of the Department of State. (f) List The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of foreign governments for which determinations under subsection (a) are currently in effect. (g) Waiver Assistance prohibited by subsection (a) may be provided to a foreign government described in that subsection if, at least 15 days before providing assistance, the President submits to the appropriate congressional committees— (1) a certification that such a waiver is important to the national interests of the United States; and (2) a report describing— (A) the type and amount of assistance to be provided pursuant to the waiver; (B) the justification for such waiver; and (C) the time period for which such waiver will be effective. (h) Foreign claims settlement commission (1) In general Upon request of the President (within 70 days after an action referred to in subsection (a)(1)), the Foreign Claims Settlement Commission of the United States (established pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279) is hereby authorized to evaluate expropriated property, determining the full value of any property nationalized, expropriated, or seized, or subject to discriminatory or other actions as aforesaid, for purposes of this section and to render an advisory report to the President within 90 days after such request. (2) Form of report Unless authorized by the President, the Commission shall not publish its advisory report except to the citizen or entity owning such property. (3) Authorization of appropriations There is authorized to be appropriated such amounts, to remain available until expended, as may be necessary from time to time to enable the Commission to carry out expeditiously its functions under this subsection. (i) Federal act of state doctrine (1) In general Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the Federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which claim of title or other right to property is asserted by any party, including a foreign state (or a party claiming through such state), based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this section. (2) Exceptions This subsection shall not be applicable— (A) in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or other taking; or (B) in any case with respect to which the President determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the United States and a suggestion to this effect is filed on the President’s behalf in that case with the court. 9503. Prohibition on assistance for compensation relating to expropriated or nationalized property (a) Prohibition No foreign assistance may be provided to compensate owners for expropriated or nationalized property and, upon finding by the President that such assistance has been used by a government for such purpose, no further assistance under this Act may be provided to the government until appropriate reimbursement is made to the United States. (b) Exception The prohibition in subsection (a) shall not apply to monetary assistance made available for use by a foreign government to compensate nationals of that country in accordance with a land reform program if the President determines that monetary assistance for such land reform program will further the national interests of the United States. 9504. Prohibition on assistance to governments that refuse extradition requests (a) In general No assistance under this Act (other than assistance under title V) may be provided to the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request. (b) Applicability The prohibition in subsection (a) shall only apply to the central government of a country— (1) with which the United States maintains diplomatic relations; and (2) which is violating the terms and conditions of its extradition treaty with the United States. (c) Waiver The Secretary may waive the prohibition in subsection (a) on a case-by-case basis if the Secretary certifies and reports to the appropriate congressional committees pursuant to section 8401 that such waiver is important to the national interests of the United States. 9505. Prohibition on taxation of foreign assistance (a) In general No foreign assistance may be provided to a foreign government under a bilateral agreement entered into after the date of the enactment of this Act governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that United States foreign assistance shall be exempt from taxation or reimbursed by the foreign government. (b) Reimbursement of foreign taxes In each fiscal year, the Secretary shall reduce the amount of foreign assistance made available under this Act to a government by an amount equivalent to the total taxes assessed on United States foreign assistance, either directly or through grantees, contractors and subcontractors, by such government in the previous fiscal year, until such taxes have been reimbursed to the United States. (c) Transparency The Secretary shall include in each report on allocations of assistance under section 8303 the amount of unreimbursed taxes assessed by each government to which the United States Government intends to provide funds. (d) Definition In this section, the terms taxes and taxation refer to value-added taxes and customs duties imposed on commodities financed with United States foreign assistance, and do not include foreign taxes of a de minimis nature. 9506. Limitation on assistance to countries in default No assistance made available under this Act may be made available for new loans to the government of any country which is in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this Act, unless— (1) such country meets its obligations under the existing loan; or (2) the Secretary determines that new loans to such government are in the national interest and notifies the appropriate congressional committees of such determination. B Policy Authorities 9601. Contingencies (a) In general Notwithstanding any other provision of law, the President is authorized to use funds made available to carry out any provision of this Act in order to provide, for any unanticipated contingencies, assistance authorized by title I, II or III in accordance with the provisions applicable to the furnishing of such assistance. (b) Limitation The authority of subsection (a) may not be used to authorize the use of more than $50,000,000 during any fiscal year. (c) Report required The President shall report in advance to the extent practicable to the appropriate congressional committees each time the President intends to exercise the authority of subsection (a). 9602. Transfer between accounts (a) In general Whenever the President determines it to be necessary for the purposes of this Act, not to exceed 10 percent of the funds made available for any provision of this Act may be transferred to, and consolidated with, the funds made available for any other provision of this Act, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 20 percent of the amount of funds made available for such provision. (b) Exception The authority of subsection (a) shall not be used to transfer funds made available for the purposes of titles I, II, or III and consolidate them with funds made available for the purposes of titles IV or V of this Act. (c) Report required The President shall report in advance to the extent practicable to the appropriate congressional committees each time the President intends to exercise the authority of subsection (a). 9603. Special waiver authority (a) Authority The President may authorize the taking of any action (or the refraining from the taking of any action) under this Act or any other Act relating to foreign assistance, notwithstanding any provision of law, if the President determines— (1) in cases relating to the transfer of defense articles or defense services, that to do so is essential to the national interests of the United States; and (2) in any other cases, that to do so is important to the national interests of the United States. (b) Consultation with congress Before exercising the authority of subsection (a), the President shall consult with, and shall provide a written policy justification to, the appropriate congressional committees. (c) Notification to congress A determination under subsection (a) shall not be effective until the President submits written notification of that determination to the appropriate congressional committees. (d) Annual ceilings (1) In general The authority of this section may not be used in any fiscal year to authorize— (A) more than $1,000,000,000 in sales or leases to be made under subtitle C of title IV; (B) the use of more than $500,000,000 of funds made available for use under any other provision of this Act; and (C) the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law. (2) Arms sales If the authority of this section is used both to authorize a sale or lease under subtitle C of title IV and to authorize funds to be used under this Act with respect to the financing of that sale or lease, then the use of the funds shall be counted against the limitation in paragraph (1)(B) and the portion, if any, of the sale or lease which is not so financed shall be counted against the limitation in paragraph (1)(A). (3) Leases For purposes of paragraph (1)(A), the replacement cost, less any depreciation in the value, of the defense articles authorized to be leased shall be counted against the limitation in that paragraph. (4) Country limits The following limitations shall apply with respect to any one country in any fiscal year: (A) Not more than $100,000,000 of the $500,000,000 limitation provided in paragraph (1)(B) may be allocated to the country unless the country is a victim of active aggression. (B) Not more than $750,000,000 of the aggregate limitation of $1,500,000,000 provided in paragraphs (1)(A) and (1)(B) may be allocated to the country. X Organization, Management, and Human Resources 10001. Definitions In this title: (1) Commodity The term commodity includes any material, article, supply, goods, or equipment used for the purposes of providing non-military assistance. (2) Commodity restrictions The term commodity restrictions means statutory and regulatory requirements that apply to the procurement or transportation of commodities financed under this Act, including— (A) sections 10501 and 10503; (B) section 901(b)(1) of the Merchant Marine Act of 1936; (C) section 5 of the International Air Transportation Fair Competitive Practice Act of 1974; (D) section 644 of the Small Business Act; (E) section 2711 of the Competition in Contracting Act of 1984; and (F) the Federal Property and Administrative Services Act of 1949. (3) Country of assignment The term country of assignment means the foreign country in which an individual serves an accredited representative of the United States Government. (4) Defense article and related terms The terms defense article , defense service , defense information , excess defense article , major defense equipment , and significant military equipment have the meanings given such terms in section 4411. (5) Federal employee The term Federal employee or employee has the meaning given the term employee in section 2105(a) of title 5, United States Code. (6) Federal officer The term Federal officer or officer has the meaning given the term officer in section 2104 of title 5, United States Code. (7) Federal personnel The term Federal personnel or personnel includes Federal employees, Federal officers, personal services contractors, locally employed staff, foreign national employees of the Foreign Service (as defined in section 103(6) of the Foreign Service Act of 1980), and any other individual employed by a Federal department or agency, as defined under regulations prescribed by the President. (8) Foreign service officer The term Foreign Service Officer means a member of the Foreign Service as defined in section 103 of the Foreign Service Act of 1980. (9) Function The term function includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity. (10) Gender analysis, equality, and integration The terms gender analysis , gender equality , and gender integration have the meanings given such terms in section 1708. (11) Local entity (A) In general The term local entity means an individual, corporation, nonprofit organization, or another body of persons that— (i) is located in a partner country; (ii) is organized under the laws of the partner country; (iii) has as its principal place of business or operations the partner country; and (iv) is owned or controlled by citizens of the partner country. (B) Owned or controlled In subparagraph (iv), the term owned or controlled means— (i) in the case of a corporation, the holding of at least 50 percent (by vote or value) of the capital structure of the corporation; or (ii) in the case of any other kind of legal entity, the holding of interests representing at least 50 percent of the capital structure of the entity. (12) Service The term service includes any service, repair, training, technical assistance, advice, or information used for purposes of this Act. A Organization 1 Exercise and coordination of functions 10101. Delegations; regulations (a) Delegations by the president The President may exercise any functions conferred upon the President by this Act through such Federal agency or Federal officer as the President shall direct. (b) Issue regulations and delegations by agency heads The head of any such agency or any such officer exercising functions under this Act— (1) may from time to time promulgate such rules and regulations as may be necessary to carry out such functions; and (2) may delegate authority, including the delegation to any other agency, upon obtaining the concurrence of the head of that agency, to perform any such functions, including, if the delegating official shall so specify, the authority successively to redelegate any such functions. 10102. Role of the Secretary of State (a) In general Under the direction of the President, the Secretary shall be responsible for the continuous supervision, overall coordination, and general direction of United States foreign assistance, and for ensuring that the foreign policy of the United States is best served thereby. (b) Military assistance The responsibility conferred upon the Secretary in subsection (a) includes— (1) all forms of military assistance; and (2) determinations of whether to offer or deliver any form of military assistance and the scope, types, amounts, and conditions of such assistance. 10103. Role of the Chief of Mission (a) In general The Chief of Mission shall be responsible for the continuous supervision, overall coordination, and general direction of all activities, resources, and programs of the United States Government as they are carried out in the country of assignment. (b) Exceptions The responsibility conferred upon the Chief of Mission in subsection (a) shall not include authority over— (1) Federal personnel under the command of a United States area military commander; or (2) Federal personnel specifically exempted by law or designated by the President. 10104. Office for Global Women’s Issues (a) Establishment There is established an Office for Global Women’s Issues (in this section referred to as the Office ) in the Office of the Secretary of State in the Department of State. The Office shall be headed by the Ambassador-at-Large (in this section referred to as the Ambassador ), who shall report directly to the Secretary of State. (b) Purpose The Office shall coordinate efforts of the United States Government regarding gender integration and women’s empowerment in United States foreign policy. (c) Duties (1) In general The Ambassador shall— (A) coordinate and advise on activities, policies, programs, and funding relating to gender integration and women’s empowerment internationally for all bureaus and offices of the Department of State and in the international programs of other Federal agencies; (B) design, support, and as appropriate, implement, limited projects regarding women’s empowerment internationally; (C) actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State and in the international programs of other Federal agencies; and (D) direct, as appropriate, United States Government resources to respond to needs for gender integration and women’s empowerment in United States Government foreign policies and international programs. (2) Diplomatic representation Subject to the direction of the President and the Secretary of State, the Ambassador is authorized to represent the United States in matters relevant to the status of women internationally. (d) Reporting The heads of all bureaus and independent offices of the Department of State, the United States Agency for International Development, and the Millennium Challenge Corporation shall, as appropriate, evaluate and monitor all women’s empowerment programs administered by such bureaus and offices and annually submit to the Ambassador a report on such programs and on policies and practices to integrate gender. 10105. Bureau for Energy Resources (a) In general Section 931(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17371(a) ) is amended— (1) in the subsection heading, by striking Coordinator for and inserting Coordination of ; and (2) in paragraph (2)— (A) in the paragraph heading, by striking coordinator for and inserting coordination of ; and (B) by striking There is established within the Office of the Secretary of State a Coordinator for International Energy Affairs, and inserting in lieu thereof the following: There is established within the Department of State a Bureau for Energy Resources, to be headed by an Assistant Secretary, . (b) Transfer authority The Secretary of State may transfer any authority, duty, or function assigned to the Coordinator for International Energy Affairs or to the Office of International Energy Affairs to the Assistant Secretary for Energy Resources or to the Bureau for Energy Resources (as the case may be). (c) Conforming amendments (1) Section 1(c)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by this Act, is further amended by striking 25 and inserting 26 . (2) Section 5315 of title 5, United States Code, as amended by this Act, is further amended in the item relating to Assistant Secretaries of State, by striking (25) and inserting (26) . 10106. Bureau of Oceans, Environment and Science (a) Department of State Appropriations Authorization Act of 1973 Section 9 of the Department of State Appropriations Authorization Act of 1973 ( 22 U.S.C. 2655a ) is amended— (1) in the section heading, by striking oceans and International Environmental and Scientific Affairs and inserting oceans, Environment and Science ; and (2) by striking Oceans and International Environmental and Scientific Affairs each place it appears and inserting Oceans, Environment and Science . (b) Clean Air Act Section 617(a) of the Clean Air Act ( 42 U.S.C. 7671p(a) ) is amended by striking Oceans and International Environmental and Scientific Affairs and inserting Oceans, Environment and Science . 2 United States Agency for International Development 10201. United States Agency for International Development (a) Establishment The United States Agency for International Development shall be an agency of the United States under the policy guidance of the Secretary of State. (b) Mandate The mandate of the United States Agency for International Development shall be to reduce global poverty and alleviate human suffering. (c) Statutory officers (1) Administrator The United States Agency for International Development shall be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Deputy administrators The President may appoint, by and with the advice and consent of the Senate, up to 2 Deputy Administrators of the United States Agency for International Development, who shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. (3) Assistant administrators The President may appoint, by and with the advice and consent of the Senate, up to 13 Assistant Administrators of the United States Agency for International Development, who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Among these shall be— (A) an Assistant Administrator for Policy, Planning, and Learning; (B) an Assistant Administrator for Food Security; (C) an Assistant Administrator for Democratic and Civic Development; and (D) an Assistant Administrator for Economic Growth, Environment, and Energy. (4) Nominations of assistant administrators Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the United States Agency for International Development pursuant to paragraph (3), the President shall designate the regional or functional bureau or bureaus of the Agency with respect to which the individual shall have responsibility. (d) Conforming amendments Title 5, United States Code, is amended as follows: (1) In section 5315, in the item relating to Assistant Administrators, Agency for International Development— (A) by inserting United States before Agency ; and (B) by striking (6) and inserting (13) . (2) In section 7103(a)(2)(B)(iv), by inserting United States before Agency for International Development . 10202. Role of the Administrator (a) In general The Administrator shall have the responsibility for carrying out the mandate of the United States Agency for International Development and for coordinating all United States development-related activities. (b) Chief development advisor The Administrator shall be the chief development advisor to the President. (c) National security council membership The Administrator may, as chief development advisor to the President, and subject to the direction of the President, attend and participate in meetings of the National Security Council. (d) United nations development agencies The Administrator shall be responsible for the coordination and direction of United States policy regarding, and contributions to, all development-related agencies of the United Nations, in consultation with the Assistant Secretary of State for International Organization Affairs. (e) Multilateral development banks The President should appoint the Administrator to be the Alternate United States Governor of the Asian Development Bank, the African Development Bank, and the Inter-American Development Bank. 10203. Overseas missions (a) Authority To maintain overseas missions (1) In general The Administrator may maintain special missions or staffs outside the United States in such countries and for such periods of time as may be necessary to carry out the purposes of this Act. (2) Other locations To the degree permitted by security and financial considerations, the Secretary should give favorable consideration to requests by the Administrator that the Secretary exercise authority under section 606(a)(2)(B) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a)(2)(B) ) to waive certain requirements of that Act in order to permit the United States Agency for International Development to maintain such missions or staffs at locations separate from the United States embassy. (b) Appointment The Administrator may appoint a head, who shall be known as the Mission Director, of each office or staff maintained under subsection (a). (c) Compensation and allowances Each Mission Director may receive such compensation and allowances as are authorized by the Foreign Service Act of 1980, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), as the Administrator deems appropriate. (d) Role of mission director The Mission Director’s responsibilities shall include— (1) serving as the primary development and humanitarian advisor to the Chief of Mission; (2) coordinating preparation of the Country Development Cooperation Strategy; and (3) supervising and directing United States development cooperation with, and United States humanitarian operations in, such country. (e) Relationship to foreign assistance coordinator The responsibilities assigned to the Mission Director under subsection (d) shall not preclude the Secretary of State from appointing an individual to oversee and coordinate the full range of economic and security assistance programs in a country. 10204. Chairman of OECD Development Assistance Committee (a) Appointment The President may— (1) appoint any United States citizen who is not a Federal employee, or (2) assign any United States citizen who is a Federal employee, to serve as Chairman of the Development Assistance Committee (DAC) or any successor committee thereto of the Organization for Economic Cooperation and Development, upon election thereto by members of said Committee. (b) Compensation and allowances (1) In general An individual appointed or assigned under subsection (a) may receive such compensation and allowances as are authorized by the Foreign Service Act of 1980, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), as the President deems appropriate. (2) Additional provisions Such individual (if appointed under subsection (a)(1)) shall be deemed to be a Federal employee for purposes of chapters 81, 83, 84, 87, and 89 of title 5, United States Code. Such individual may also, in the President’s discretion, receive any other benefits and perquisites then available under this Act to a Chief of Mission under section 10103. 10205. Transfer and consolidation of personnel and functions The personnel and functions of the Office of Foreign Assistance Resources at the Department of State shall be transferred to and consolidated with the Office of Budget and Resource Management at the United States Agency for International Development. B Management and program administration 1 Operating expenses and administrative authorities 10301. Operating expenses of the United States Agency for International Development (a) Operating expenses The Administrator is authorized to use up to 10 percent of the total amount of funds managed by the United States Agency for International Development in a fiscal year for operating expenses of the United States Agency for International Development. (b) Capital investment fund In addition to funds made available under subsection (a), the Administrator is authorized to use up to 1 percent of the total amount of funds managed by the United States Agency for International Development in a fiscal year for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments. Amounts made available under this subsection are authorized to remain available until expended. (c) Management of funds The annual congressional budget justification prepared pursuant to section 8302 of this Act shall contain an estimate of the total funds managed by the United States Agency for International Development, disaggregated by account, and a detailed operating expenses budget. (d) Status of obligations The Administrator shall keep the appropriate congressional committees currently informed of the status of obligations of amounts made available under this section. (e) Definitions In this section: (1) Operating expenses The term operating expenses means a use of funds that is authorized under section 10302. (2) Funds managed by Agency The term funds managed by the United States Agency for International Development means all funds over which the Administrator has obligation authority, including— (A) appropriations to carry out this Act; (B) allocations or transfers from any other Federal agency, or from other appropriations, for functions directly related to the purposes of this Act; and (C) proceeds from the disposal of property acquired under the authority of section 10302 (or predecessor provisions of law). 10302. Authorized uses of funds (a) Authorized uses For purposes of section 10301(a), the following costs shall be considered operating expenses of the United States Agency for International Development and shall be included within the percentage limitation contained in such section: (1) All compensation, training and benefits for Agency personnel, including personal services contractors, during the time such personnel have Washington, DC, or other places in the United States as their official duty station. (2) Travel and transportation of Agency personnel described in paragraph (1) and their dependents and possessions. (3) Acquisition, rent, operation and maintenance in the United States of motor vehicles, aircraft, and vessels. (4) Acquisition, rent, operation and maintenance in the United States of land and facilities. (5) Furniture and equipment located in the United States, including operation and maintenance. (6) Utilities, insurance, communications, printing and reproduction, and miscellaneous services and charges in the United States. (7) Subscriptions, supplies and materials for use in the United States. (8) Attendance at meetings and conferences of Agency personnel described in paragraph (1). (9) Commissions, councils, boards and similar groups authorized by law primarily located in the United States. (10) Security equipment and services in the United States. (11) Institutional, administrative service, and any other contract, including profit and overhead, for work to be performed primarily in the United States. (12) Representation and entertainment expenses in the United States. (b) Compliance with federal law All new facilities constructed under the authorities of this section, whether inside or outside the United States, shall comply with all relevant Federal codes and standards requiring access for persons with disabilities. 10303. Operating expenses of the Office of the Inspector General (a) In general The President is authorized to pay for the necessary operating expenses of the Office of the Inspector General of the United States Agency for International Development to the extent and in the amounts authorized and appropriated for such purposes in any fiscal year. (b) Additional amounts There are authorized to be appropriated to the President such amounts as may be necessary for increases in compensation, retirement, and other personnel benefits authorized by law, and for other nondiscretionary costs of the Office. 10304. Administrative authorities of the Department of Defense (a) In general Funds allocated to the Department of Defense for the purpose of providing assistance under this Act shall be available for the following: (1) Administrative, extraordinary (not to exceed $300,000 in any fiscal year), and operating expenses incurred in furnishing assistance under this Act administered through the Department of Defense, including the purchase of passenger motor vehicles for replacement only for use outside of the United States. (2) Reimbursement of actual expenses of military officers detailed or assigned as tour directors in connection with orientation visits of foreign military and related civilian personnel, in accordance with the provisions of section 5702 of title 5, United States Code, applicable to Federal employees. (3) Maintenance, repair, alteration, and furnishing of United States-owned facilities in the District of Columbia or elsewhere for the training of foreign military and related civilian personnel without regard to the provisions of section 6303 of title 41, United States Code, or other provision of law requiring a specific authorization or specific appropriation for such public contracts. (b) Military officer The term military officer means a commissioned, warrant, or non-commissioned officer of the United States Armed Forces. 10305. Working Capital Fund (a) Establishment The Administrator is authorized to establish a Working Capital Fund (in this section referred to as the Fund ). (b) Purpose Amounts deposited during any fiscal year in the Fund shall be available without fiscal year limitation and used, in addition to other funds available for such purposes, for administrative costs resulting from Agency implementation and procurement reform efforts, the administration of this Fund, and administrative contingencies designated by the Administrator. (c) Deposits into the fund There may be deposited in any fiscal year in the Fund up to 1 percent of the total value of obligations entered into by the Agency from appropriations available to the Agency and any appropriation made available for the purpose of providing capital. Receipts from the disposal of, or payments for the loss or damage to, property held in the Fund, rebates, reimbursements, refunds and other credits applicable to the operation of the Fund may be deposited into the Fund. (d) Refunds At the close of each fiscal year the Administrator shall transfer out of the Fund and into the Emergency Humanitarian Response Fund established under section 1905 of this Act amounts in excess of $100,000,000 and any other amounts that the Administrator determines to be in excess of the needs of the Fund. 10306. Suspension and debarment (a) Eligibility To receive funds The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this Act. (b) Suspension The regulations described in subsection (a) shall provide for the suspension of eligibility of a person for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertaken conduct which constitutes a cause for debarment. (c) Debarment A person may be debarred from further receipt of funds made available under this Act, and from participating in any contract or agreement regarding the use of funds made available under this Act, for— (1) conviction of or civil judgment for— (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (B) violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims or obstruction of justice; or (D) commission of any other offense indicating a lack of business integrity or business honesty; (2) violation of the terms of a public agreement or transaction so serious as to affect the integrity of a program under this Act, such as— (A) a willful failure to perform in accordance with the terms of one or more public agreements or transactions; (B) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; or (C) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction; or (3) any of the following causes: (A) knowingly doing business with an ineligible person; (B) failure to pay a single substantial debt, or a number of outstanding debts, owed to any Federal agency or instrumentality; (C) engaging in any of the behavior described in section 103(8) or 103(9) of the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 ); or (D) any other cause of a serious or compelling nature. (d) Reinstatement Reinstatement of eligibility in each particular case shall be subject to such conditions as the President shall direct. 10307. False claims and ineligible commodities (a) In general Any person who makes or causes to be made or presents or causes to be presented to any bank or other financial institution or to any officer, agent, or employee of any agency of the United States Government a claim for payment from funds made available under this Act for the purposes of furnishing assistance and who knows the claim to be false, fraudulent, or fictitious or to cover a commodity or commodity-related service determined by the President to be ineligible for payment from funds made available under this Act, or who uses to support such claim any certification, statement, or entry on any contract, bill of lading, Government or commercial invoice, or Government form, which such person knows, or in the exercise of prudent business management should know, to contain false, fraudulent, or fictitious information, or who uses or engages in any other fraudulent trick, scheme, or device for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any benefit or payment from funds so made available under this Act in connection with the negotiation, procurement, award, or performance of a contract financed with funds so made available under this Act, and any person who enters into an agreement, combination or conspiracy to do so— (1) shall pay to the United States an amount equal to 25 per centum of any amount thereby sought to be wrongfully secured or obtained but not actually received; (2) shall forfeit and refund any payment, compensation, loan, commission, or advance received as a result thereof; and (3) shall, in addition, pay to the United States for each such act— (A) the sum of $2,000 and double the amount of any damage which the United States may have sustained by reason thereof; or (B) an amount equal to 50 per centum of any such payment, compensation, loan, commission, or advance so received, whichever is the greater, together with the costs of suit. (b) Judicial proceeding and withholding of funds (1) In general In order to secure recovery under this section, the President may, as the President deems appropriate— (A) institute suit in the United States district court for any judicial district in which the person alleged to have performed or participated in an act described by this section may reside or may be found; and (B) upon posting by registered mail to such person a notice of claim describing the basis therefor and identifying the funds to be withheld, withhold from funds owed by any agency of the United States Government to such person an amount equal to the refund, damages, liquidated damages, and exemplary damages claimed by the United States under this section. (2) Effect of withholding Any such withholding of funds from any person shall constitute a final determination of the rights and liabilities of such person under this section with respect to the amount so withheld, unless within one year of receiving the notice of claim such person brings suit for recovery, which is hereby authorized, against the United States in any United States district court. (c) Person defined For purposes of this section, the term person includes any individual, corporation, partnership, association, or other legal entity. 10308. Termination expenses (a) Termination expenses (1) In general Funds made available under this Act, the former authority of the Foreign Assistance Act of 1961, the former authority of section 23 of the Arms Export Control Act, or other predecessor provisions of law shall remain available for obligation for a period not to exceed 8 months from the date of any termination of assistance under such Acts for the necessary expenses of winding up programs related to such termination and may remain available until expended. (2) Treatment of obligated funds Funds obligated under the authority of such Acts prior to the effective date of the termination of assistance may remain available for expenditure for the necessary expenses of winding up programs related to such termination notwithstanding any provision of law restricting the expenditure of funds. (3) Completion of training or studies In order to ensure the effectiveness of such assistance, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated. (b) Liability to contractors For the purpose of making an equitable settlement of termination claims under extraordinary contractual relief standards, the President is authorized to adopt as a contract or other obligation of the United States Government, and assume (in whole or in part) any liabilities arising thereunder, any contract with a United States or third-country contractor that had been funded with assistance under the Acts referred to in subsection (a) prior to the termination of assistance. (c) Reobligation of amounts terminated Amounts obligated for assistance and subsequently terminated by the President, or by any provision of law, shall continue to remain available and may be reobligated to meet any necessary expenses arising from the termination of such assistance. (d) Guaranty programs No provision of this Act or any other Act requiring the termination of assistance under this Act or any other Act shall be construed to require the termination of guarantee commitments that were entered into prior to the effective date of the termination of assistance. (e) Relation to other provisions Unless specifically made inapplicable by another provision of law, the provisions of this section shall be applicable to the termination of assistance pursuant to any provision of law. 2 Assistance authorities and program expenses 10401. General assistance authorities (a) Terms of assistance Except as otherwise specifically prohibited in this Act, assistance under this Act may be furnished on a grant, loan, or guaranty basis, or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of articles), as may be determined to be best suited to the achievement of the purposes of this Act. (b) Terms and conditions The President, the Secretary, and the Administrator, as the case may be, may furnish assistance under this Act on such terms and conditions (consistent with other provisions of law) as he or she deems appropriate, and, consistent with the provisions of this Act, may charge such fees for guarantees and loans under this Act as he or she deems appropriate. Credit assistance shall be consistent with the provisions of the Federal Credit Reform Act of 1990. In the case of contributions or other assistance provided for an international organization or arrangement under this or any other Act, such organization or arrangement may utilize its own procurement, administrative, accounting, and audit rules and procedures. (c) Implementation In furtherance of the purposes and subject to the limitations of this Act, the President, the Secretary, and the Administrator, in providing assistance under this Act, may make loans (in conformity with the provisions of the Federal Credit Reform Act of 1990), advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any person, corporation, or other body of persons, any government or government agency, and any international organization or arrangement. (d) Gifts The President, the Secretary, and the Administrator may accept and use in furtherance of the purposes of this Act, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose. (e) Insurance (1) Foreign participants Any Federal agency is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program. (2) Foreign personnel Any Federal agency is authorized to pay the cost of health and accident insurance for foreign personnel of that agency while such personnel are absent from their places of employment abroad for purposes of training or other official duties. (f) Admission to united states Alien participants in any program of furnishing assistance under this Act may be admitted to the United States if otherwise qualified as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General. (g) Assistance authorities In furnishing and administering assistance under this Act, the President, the Secretary, and the Administrator— (1) may issue letters of credit and letters of commitment; (2) may collect, compromise, reschedule or otherwise settle any obligations assigned to, or held by, and any legal or equitable rights accruing to, the United States and may (as he or she deems appropriate) refer any such obligations or rights to the Attorney General for suit or collection; (3) may— (A) acquire and dispose of (upon such terms and conditions as he or she deems appropriate) any property, including any instrument evidencing indebtedness or ownership; and (B) guarantee payment against any such instrument; (4) may establish the character of, and decide the necessity for, obligations and expenditures of funds used in furnishing and administering such assistance and the manner in which such obligations and expenditures shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and (5) shall cause to be maintained an integral set of accounts which shall be audited by the Government Accountability Office in accordance with principles and procedures applicable to commercial corporate transactions as provided by chapter 91 of title 31, United States Code. (h) Guarantees Guarantees issued to carry out the purposes of this Act shall be subject to the following: (1) Full faith and credit The full faith and credit of the United States may be pledged for the full payment and performance of guarantees issued under this Act or predecessor Acts. (2) Charges The President may charge appropriate fees or interest in connection with the activities carried out under such authority. (3) Relationship to other provisions of law Guarantees may be provided under this Act without regard to commodity restrictions. (4) Denomination of liability The losses guaranteed may be in dollars or in other currencies. In the case of losses guaranteed in currencies other than dollars, the guarantees issued shall be subject to an overall payment limitation expressed in dollars. (i) Loan Guarantees to Israel Program Notwithstanding section 11201(1), section 226 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2186 ; relating to Loan Guarantees to Israel Program), shall not be repealed and shall remain in effect as on the day before the date of the enactment of this Act. (j) Subsidy cost of guarantees and loans The President, the Secretary, and the Administrator, as the case may be, may use funds made available under this Act to pay the cost (as defined in section 13201 of the Budget Enforcement Act of 1990) of direct loans and loan guarantees made or entered into (and associated administrative costs) in furtherance of the purposes of this Act. Funds appropriated to pay the cost (as defined in section 13201 of the Budget Enforcement Act of 1990) of direct loans and loan guarantees made or entered into to carry out the provisions of this Act shall be provided in conformity with section 504(b)(1) of the Federal Credit Reform Act of 1990. (k) Claims relating to guarantees Claims arising as a result of any guarantee program authorized by this Act may be settled, and disputes arising as the result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the President may direct. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provision of law. (l) Financial transactions with foreign governments in default of obligations to the united states Section 955 of title 18, United States Code, shall not apply to any person— (1) who acts for or participates in any operation or transaction arising under this Act; or (2) who acquires any obligation issued in connection with any operation or transaction arising under this Act. (m) Educational institutions Any cost-type contract or agreement (including grants) entered into with an institution of higher education for the purpose of carrying out programs authorized by this Act may provide for the payment of the reimbursable indirect costs of that institution on the basis of predetermined fixed-percentage rates applied to the total or an element thereof, of the reimbursable direct costs incurred. (n) Per diem Funds made available under this Act may be used for payment of per diem in lieu of subsistence to foreign participants engaged in any program under this Act while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations, notwithstanding any other provision of law. (o) Multiyear commitments Except as otherwise provided in this Act, a contract or agreement which entails commitments for the expenditure of funds under this Act may, subject to any future action of the Congress, extend at any time for not more than 5 years. (p) Program and management oversight The Administrator may use funds made available under title I to provide program and management oversight for activities that are funded under that title and that are conducted in countries in which the Agency does not have a field mission or office. 10402. Authority to conduct reimbursable programs (a) General authority Whenever the President considers it consistent with and within the limitations of this Act, any Federal agency is authorized to furnish services and articles on an advance-of-funds or reimbursement basis to partner countries, international organizations and arrangements, and nongovernmental organizations. (b) Personal service contracts (1) In general When any Federal agency provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for personal service abroad or in the United States— (A) to perform such services; or (B) to replace, in a manner otherwise permitted by law, Federal employees who are assigned by the agency to provide such services. (2) Rule of construction Such individuals shall not be regarded as Federal employees for the purpose of any law administered by the Office of Personnel Management. (c) Use of payments Advances and reimbursements received under this section shall be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used. 10403. Retention of interest (a) General authority The Administrator may, for the purpose of carrying out the provisions of title I, enter into agreements with international organizations and with local entities that provide for the retention by such organizations and entities, without deposit in the Treasury of the United States and without further appropriation by Congress, of interest earned on the advance of funds. (b) Use of interest Any interest earned on the advance of funds made available under subsection (a) shall be used only for the purposes for which the agreement is made. (c) Audits The Administrator shall audit, on a regular and recurring basis, interest earned on advance funds to ensure that the requirements of subsection (a) are strictly observed. (d) Limitation The authorities of this section may be used only for agreements with a value of $5,000,000 or less. (e) Transparency The Administrator shall make publicly available on the Internet website of the Agency information about each agreement made under the authority of this section, including the name of the organization or entity and the amount and the purpose of the agreement. 10404. Marking and branding of economic and humanitarian assistance (a) Requirement Economic assistance and humanitarian assistance implemented with funds made available to any agency to carry out the purposes of this or any other Act, and to any contractor or grantee thereof, shall be identified as being From the American People and only as follows: (1) The site or article, as appropriate, shall not include any reference to a particular Federal agency or division thereof. (2) The identification of the assistance shall include only a representation of the American flag, and shall not include any logo of a particular Federal agency or division thereof. (b) Relationship to other provisions of law and regulations The provisions of this section shall be applicable notwithstanding any other provision of this or any other Act, and notwithstanding any Federal regulation, agency guidance, or procedure to the contrary. (c) Applicability The provisions of this section shall be applicable to all— (1) articles; and (2) program, project and activity sites. (d) Ongoing programs To the extent it is feasible and cost effective to do so, the marking and branding of articles and sites financed pursuant to ongoing agreements, including grants, contracts, and cooperative agreements, shall be conformed to meet the requirements of this section. (e) Exceptions The requirements of subsection (a) shall not apply— (1) if the Chief of Mission or the relevant Assistant Secretary of State determines that the marking of a particular program, project, or activity would— (A) jeopardize the health, safety or human rights of a private partner or intended beneficiary; or (B) be detrimental to the achievement of the objectives of such program, project, or activity in such country; (2) if the Secretary determines that the marking of economic assistance or humanitarian assistance in such country would be detrimental to the achievement of overall United States foreign policy objectives in such country; (3) to office space occupied by a private partner, or to housing, personal vehicles or other personal property of employees thereof; or (4) to a project or activity for which the United States is one among many donors or has contributed a small proportion of the total costs. (f) Exemption from determination A determination under subsection (e)(2) shall not preclude the Secretary from requiring that specific articles or sites financed by the United States Government in such country be subject to the requirements of subsection (a). (g) Co-Branding The requirements of subsection (a) shall not prohibit the identification of economic assistance or humanitarian assistance provided through a private partner with such partner’s own organizational brand or logo, subject to any standards or regulations that the President may establish. 10405. Reductions in designated funds (a) Designated funds defined For the purposes of this section, the term designated funds means amounts within an account that are authorized or appropriated to be available only for a particular country, organization, or purpose during a specified fiscal period. (b) Proportional reductions If the amount appropriated for a fiscal period to carry out any provision of this Act (including rescissions and reductions required by law) is less than the amount authorized to be appropriated to carry out such provision, then the President is authorized to make a proportionate reduction in designated funds, notwithstanding the provision of law making such designation. (c) Reprogrammings Notwithstanding a provision of law providing for designated funds, the President may reprogram such designated funds to other programs within the same account under the same terms and conditions as originally provided, if— (1) compliance with such provision of law is made impossible by operation of law; or (2) the President determines that a significant change in circumstances relating to the particular country, organization, or purpose makes it unlikely that the designated funds can be obligated during the original period of availability. (d) Congressional notification A reprogramming pursuant to subsection (c) shall be subject to the regular notification procedures under section 8401. 10406. Requirement for authorization of appropriations (a) Requirement for authorization Funds appropriated to carry out this Act shall not be available for obligation or expenditure— (1) unless the appropriation thereof has been specifically authorized by law; or (2) in excess of the amount authorized by law. (b) Subsequent authorizations To the extent that legislation enacted after the making of an appropriation for foreign assistance authorizes the obligation or expenditure thereof, the limitation contained in subsection (a) shall not apply. (c) Relation to other provisions The provisions of this section shall not be superseded except by a provision of law that specifically repeals or modifies the provisions of this section. 10407. Unexpended balances Unexpended balances of funds made available pursuant to the Foreign Assistance Act of 1961 (as in effect on the day before the date of the enactment of this Act) are authorized to remain available for the general purposes for which appropriated and may be consolidated with appropriations made available for the same general purposes under the authority of this Act. 10408. Authority for extended period of availability of appropriations Unless otherwise specified, amounts appropriated to carry out this Act are authorized to remain available until expended. 10409. Support for regional, international and nongovernmental organizations In carrying out the goals and objectives of this Act, the Administrator is authorized to support programs, projects, and activities of, and to provide technical assistance to, regional, international, and nongovernmental organizations. 10410. Protection of patents and technical information (a) Inventions and discoveries Whenever, in connection with the furnishing of assistance under this Act— (1) an invention or discovery covered by a patent issued by the United States Government is practiced within the United States without the authorization of the owner, or (2) information, which is (A) protected by law, and (B) held by the United States Government subject to restrictions imposed by the owner, is disclosed by the United States Government or any of its officers, employees, or agents in violation of such restrictions, the exclusive remedy of the owner, except as provided in subsection (b), is to sue the United States Government for reasonable and entire compensation for such practice or disclosure in the district court of the United States for the district in which such owner is a resident, or in the United States Court of Federal Claims within six years after the cause of action arises. Any period during which the United States Government is in possession of a written claim under subsection (b) before mailing a notice of denial of that claim does not count in computing the six years. In any such suit, the United States Government may plead any defense that may be pleaded by a private person in such an action. The last paragraph of section 1498(a) of title 28 of the United States Code shall apply to inventions and information covered by this section. (b) Remedy Before suit against the United States Government has been instituted, the head of the agency of the United States Government concerned may settle and pay any claim arising under the circumstances described in subsection (a). No claim may be paid under this subsection unless the amount tendered is accepted by the claimant in full satisfaction. (c) Pharmaceutical products No assistance under this Act may be made available for the acquisition of any drug product or pharmaceutical product manufactured outside the United States, if the manufacture of such drug product or pharmaceutical product in the United States would involve the use of, or be covered by, an unexpired patent of the United States which has not previously been held invalid by an unappealed or unappealable judgment or decree of a court of competent jurisdiction, unless— (1) such manufacture is expressly authorized by the owner of such patent; or (2) the Secretary determines, on a case-by-case basis, that the application of this subsection would significantly reduce the ability of the United States to save lives and alleviate human suffering in a developing country. 10411. Private and voluntary organizations and cooperatives Prohibitions on assistance to countries contained in this or any other Act shall not be construed to prohibit assistance by the Agency in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable, if the President determines, and reports to the appropriate congressional committees within 15 days of making such determination, that continuation of support for such programs is in the national interest of the United States, along with the reasons for such continuation. 3 Procurement, disposition, transportation and valuation of articles 10501. Procurement standards and procedures (a) Limitations on procurement outside the united states Funds made available for assistance under this Act may be used by the President for procurement— (1) only in the United States, the recipient country, or developing countries; or (2) in any other country but only if— (A) the provision of such assistance requires articles or services of a type that are not produced in and available for purchase in any country specified in paragraph (1); or (B) the President determines that procurement in such other country is necessary— (i) to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in paragraph (1); or (ii) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives. (b) Bulk commodities No funds made available under this Act shall be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase, adjusted for differences in the cost of transportation to destination, quality, and terms of payment, except to meet unforeseen circumstances, such as emergency situations. (c) Surplus commodities None of the funds made available under this Act shall be used to establish or expand production of any commodity or extraction of any mineral for export by a foreign country if— (1) the commodity or mineral is likely to be in surplus on world markets at the time the resulting productive or extractive capacity is expected to become operative; and (2) the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity or mineral. (d) Exceptions The prohibition contained in subsection (c) shall not apply— (1) if the President determines that— (A) the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity or mineral; or (B) the foreign country is a low-income country for which production of the commodity or extraction of the mineral would contribute substantially to the reduction of poverty; (2) to activities in a low-income country that does not export on a consistent basis the commodity or mineral with respect to which assistance is provided; or (3) to activities in a country which the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (e) Notification The President shall notify the appropriate congressional committees of a determination under this section, in accordance with the procedures set forth in section 8401. (f) Low-Income country defined In this section, the term low-income country means a country that is eligible for assistance from the International Development Association but is not eligible for assistance from the International Bank for Reconstruction and Development. 10502. Local procurement (a) Limited competition The Administrator is authorized, using funds made available under title I, to award contracts and other instruments in which competition is limited to local entities. (b) Amount of awards The authority provided in subsection (a) may not be used to make awards in excess of $5,000,000. (c) Procurements The requirements of section 10501 and similar provisions of law relating to the procurement of goods and services shall not apply to procurements made under agreements entered into under the authority of this section. 10503. United States competitiveness In order to ensure maximum competition for contracts receiving funding under this Act, the President shall establish procedures to ensure that— (1) all solicitations under this Act for contracts over $5,000,000, regardless of the location where the contract is to be performed, are made publicly available on a single, centralized Internet website; (2) in countries with nonconvertible or highly unstable currencies— (A) solicitations may be bid in United States dollars; and (B) contracts awarded to United States firms may be paid in United States dollars; (3) United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits; and (4) United States firms are not disadvantaged during the solicitation and bid evaluation process. 10504. Small business (a) In general Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this Act, the President shall assist United States small business to participate equitably in the provision of commodities, articles, and services (including defense articles and defense services) financed with funds made available under this Act— (1) by causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with such funds; (2) by causing to be made available to prospective purchasers in partner countries information as to such commodities, articles, and services produced by small independent enterprises in the United States; and (3) by providing for additional services to give small business better opportunities to participate in the provision of such commodities, articles, and services financed with such funds. (b) Office of Small and Disadvantaged Business Utilization There shall be an Office of Small and Disadvantaged Business Utilization within the Agency, and similar offices within such other agencies as the President may direct, to assist in carrying out the provisions of subsection (a). (c) Department of Defense purchases The Secretary of Defense shall ensure that there is made available to suppliers in the United States, and particularly to small independent enterprises, information with respect to purchases made by the Department of Defense pursuant to title IV, such information to be furnished as far in advance as possible. 10505. Allocation or transfer of funds and reimbursement among agencies (a) Allocations or transfers to agencies The President, or with respect to funds appropriated to any Federal agency, the head of such agency, as the case may be, may allocate or transfer to any Federal agency any funds available for providing assistance under this Act, including any advance to the United States Government by any country or international organization for the procurement of articles or services. Such funds shall be available for obligation and expenditure for the purposes for which authorized, in accordance with the authority pursuant to which they were made available or the authority governing the activities of the agency to which such funds are allocated or transferred. (b) Procurement from other agencies (1) Authority Any officer of the United States Government carrying out functions under this Act may utilize any facility of, and may procure any article or service from, any Federal agency as the President shall direct, or with the consent of the head of such agency. (2) Separate account Funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury of the United States. (c) Reimbursement to agencies (1) In general In the case of any facility utilized by, or any article or service procured from, any Federal agency to carry out any provision of this Act (except as otherwise specifically provided in this Act), reimbursement or payment shall be made to such agency from funds available to carry out that provision. (2) Amount of reimbursement Such reimbursement or payment shall be at— (A) replacement cost; (B) if required by law, actual cost; (C) in the case of defense articles procured from the Department of Defense, value as defined in section 4412, or, if required by law, actual costs; (D) in the case of services procured from the Department of Defense, the amount of the additional costs incurred by the Department of Defense in providing such services, or, if required by law, actual costs; or (E) at any other cost agreed to by the owning or disposing agency. (3) Crediting of reimbursement The amount of any such reimbursement or payment shall either be credited to current applicable appropriations, funds, or accounts of such agency, to be available for the same purposes and for the same time period as the appropriation, fund or account to which transferred, or any such credited funds shall remain available for such purposes until expended. (d) Reimbursement to the department of defense Reimbursement or payment to the Department of Defense under subsection (c) shall exclude salaries of members of the United States Armed Forces (other than the Coast Guard) and unfunded estimated costs of civilian retirement and other benefits, unless otherwise required by law. (e) Establishment of accounts (1) Authority to establish; uses In furnishing assistance under this Act, accounts may be established on the books of any Federal agency or, on terms and conditions approved by the Secretary of the Treasury, in banking institutions in the United States— (A) against which letters of commitment may be issued which shall constitute recordable obligations of the United States Government, and moneys due or to become due under such letters of commitment shall be assignable under the last sentence of section 3727(b) and section 3727(c) of title 31, United States Code, and paragraphs (5) and (6) of section 6305(b) of title 41, United States Code; and (B) from which disbursements may be made to, or withdrawals may be made by, recipient countries or agencies, organizations, or persons upon presentation of contracts, invoices, or other appropriate documentation. (2) Accounting for expenditures Expenditure of funds that have been made available through accounts established under paragraph (1) shall be accounted for on standard documentation required for expenditure of funds of the United States Government. (f) Responsibility of agencies (1) In general The agency to which funds are transferred or allocated pursuant to the authority of subsection (a), or any comparable provision of law, shall be the agency responsible for the management and use of such funds. (2) Audit Any agreement for the transfer or allocation of such funds shall expressly provide that the Office of the Inspector General for the agency receiving the transfer or allocation shall perform periodic program and financial audits of the use of those funds. Funds transferred or allocated pursuant to subsection (a) may be used for the cost of such audits. 10506. Retention and use of certain items and funds (a) Retention and use of certain articles (1) Authority to retain, transfer, and use Any articles procured to carry out this Act shall be retained by, or (upon reimbursement) transferred to and for the use of, such Federal agency as the President deems appropriate in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby. (2) Laws governing disposal of government property Any articles so retained may be disposed of without regard to provisions of law relating to the disposal of property owned by the United States Government, when necessary to prevent spoilage or wastage of such articles or to conserve their usefulness. (3) Proceeds credited to appropriations Funds realized from any disposal or transfer of any articles shall revert to the respective appropriation, fund, or account used to procure such articles or to the appropriation, fund, or account currently available for the same general purpose, and shall remain available until expended. (b) Articles received as payment Whenever articles are transferred to the United States Government as repayment of assistance under this Act or the Foreign Assistance Act of 1961 (as in effect on the day before the date of the enactment of this Act), such articles may be used in furtherance of the purposes and within the limitations of this Act. (c) Failed transactions Funds realized as a result of any failure of a transaction financed under this Act to conform to the requirements of this Act, to applicable rules and regulations of the United States Government, or to the terms of any agreement or contract entered into under this Act, shall revert to the respective appropriation, fund, or account used to finance such transaction or to the appropriation, fund, or account currently available for the same general purpose. (d) Disposal of defense articles Funds realized by the United States Government from the sale, transfer, or disposal of defense articles furnished under chapter 2 of part II of the Foreign Assistance Act of 1961 (as in effect on the day before the date of the enactment of this Act), and no longer needed for the purposes for which furnished, shall be credited to the respective appropriation, fund, or account currently available for the same general purpose. 10507. Foreign and domestic excess property (a) Policy regarding use of excess and other available property In furnishing assistance under this Act— (1) excess personal property, or (2) if a substantial savings would occur, other property already owned by a Federal agency, may be utilized wherever practicable in lieu of or supplementary to the procurement of new items for United States-assisted projects and programs. (b) Authority To use certain property for assistance purposes The President is authorized to use funds made available under this Act to acquire— (1) property classified as domestic or foreign excess pursuant to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 and following), (2) any property available from a Federal agency, or (3) other property, for use of such property as assistance in furtherance of the purposes of this Act. Property acquired pursuant to this section may be furnished pursuant to any provision of this Act for which funds are authorized for the furnishing of assistance, and shall be subject to the same conditions and restrictions that apply to funds so authorized. (c) Separate account (1) In general The President is authorized for purposes described in subsection (b) to maintain in a separate account funds made available under this Act, free from fiscal year limitations (notwithstanding section 1535(d) of title 31, United States Code) to pay costs (including personnel costs) of acquisition and storage (including in advance of known requirements), renovation and rehabilitation, packing, crating, handling, transportation, and related costs of handling and providing such property as assistance. (2) Repayment The separate account established pursuant to this section may be repaid from funds made available pursuant to any provision of this Act for which funds are authorized for the furnishing of assistance for all costs incurred. (d) Conditions on use of excess property (1) Limitation Government-owned excess property may not be made available for use under this Act unless approval is given and a determination is made in accordance with paragraph (2)— (A) before the shipment of such property for use in a specified country; or (B) if the property is already in such country, before the transfer of the property. (2) Determination A shipment or transfer subject to paragraph (1) may take place only after the President approves the shipment or transfer and makes a written determination— (A) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested; (B) that the designated end-user has agreed to use and maintain such property effectively, and has the ability to do so; and (C) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs. (e) Nonapplicability to department of defense This section shall not apply— (1) with respect to excess defense articles; and (2) with respect to funds made available for assistance under this Act that is administered through the Department of Defense. 10508. Ocean freight differential (a) Shipping differential For purposes of facilitating implementation of section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. app. 1241(b)), funds made available for the purposes of this Act may be used to pay for all or any portion of the differential between United States and foreign-flag vessel charter or freight rates. (b) Determinations The amount of the differential between United States and foreign-flag vessel charter or freight rates shall be determined by the Secretary of Transportation, or in the case of food assistance, by the Secretary of Transportation in consultation with the Secretary of Agriculture and the Administrator. (c) Use of foreign currencies Payments under this section shall be made in United States-owned foreign currencies wherever feasible. (d) Certain laws not applicable The ocean transportation between foreign countries of commodities purchased with foreign currencies made available or derived from funds made available under this Act or the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 and following), or any predecessor Acts, and transfers of fresh fruit and fresh fruit products under this Act, shall not be governed by section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. app. 1241(b)), or any other law relating to the ocean transportation of commodities on United States flag vessels. 10509. Use of aircraft for additional purposes (a) Transfer authority (1) In general Aircraft procured for narcotics control purposes with funds made available under this Act, the Foreign Assistance Act of 1961 (as in effect on the day before the date of the enactment of this Act), or any Act making appropriations for the Department of State, foreign operations, and related programs, may be used for any other program, country or region, including for the transportation of Civilian Response Corps personnel and equipment during a deployment. (2) Rule of construction The authority of paragraph (1) may be exercised notwithstanding section 5207 or any other provision of law precluding the use of aircraft described in paragraph (1). (b) Determination required The authority provided in subsection (a) may be exercised only if the Secretary determines that— (1) the such aircraft is no longer required to meet programmatic purposes in the originally designated program, country, or region, or (2) there is an emergency need for such aircraft in another program, country or region. (c) Notification The appropriate congressional committees shall be notified— (1) of a determination under subsection (b); and (2) prior to a transfer under subsection (a). (d) Aircraft coordination and use (1) In general Aircraft purchased or leased by the Department of State or the United States Agency for International Development under this Act, the Foreign Assistance Act of 1961 (as in effect on the day before the date of the enactment of this Act), or any Act making appropriations for the Department of State, foreign operations, and related programs shall be— (A) coordinated by the relevant Chief of Mission; (B) made available for the transportation of personnel supporting the programs and activities of the Department of State or the United States Agency for International Development, as the case may be; and (C) made available for official travel for other agencies for other purposes on a reimbursable basis, or without reimbursement when traveling on a space-available basis. (2) Rule of construction The authority of paragraph (1) may be exercised notwithstanding section 5207 or any other provision of law precluding the use of aircraft described in paragraph (1). 10510. Streamlining and review of procurement process (a) Policy In carrying out assistance under this Act, the Administrator should seek to— (1) maximize the transparency, efficiency, simplicity, and speed of the acquisitions and assistance process; (2) attract and enable a wide range of United States entities to compete for awards, regardless of whether they are large or small, private enterprises or nonprofit organizations, or have previously partnered with the Agency; (3) ensure that decisions regarding the use of acquisitions and assistance instruments are made without prejudice or bias toward or against private enterprises or nonprofit organizations; and (4) harmonize procurement rules, regulations, policies and practices with those of other Federal agencies. (b) Streamlining procedures To streamline the process for making awards, the Administrator should— (1) create simplified solicitations, structured scopes of work, standardized proposals and assistance templates, and joint funding models under which multiple offices and agencies can fund integrated programs; (2) consider pre-qualification short-lists to reduce award time; (3) improve training for contracting and procurement personnel; (4) increase transparency on anticipated activities; and (5) improve communications and consultation with the public and with private partners, including outreach and information services to potential new partners. (c) Acquisitions and assistance To ensure the appropriate balance and use of acquisitions and assistance instruments, the Administrator shall— (1) issue a policy and guidelines regarding the use and application of each type of instrument, including the responsibility of personnel of the Agency with respect to the administration of each type of instrument; (2) make such guidelines public; (3) ensure that Agency personnel receive adequate training on the use and application of each type of instrument; and (4) review and update, as necessary, such policy and guidelines in light of recommendations received by the committee established under subsection (d). (d) Operational issues review committee The Administrator should convene an Advisory Committee, pursuant to the Federal Advisory Committee Act, to— (1) assist in updating Agency procedures and regulations to improve the transparency, efficiency, simplicity, and speed of the acquisitions and assistance process; (2) review the procedures, policy and guidelines developed under subsections (b) and (c); and (3) provide advice and guidance on other operational issues, as appropriate. Such Committee should include broad representation of both private enterprises and nonprofit organizations. (e) Harmonization of procurement rules The Administrator shall convene a working group, incorporating representatives of all Federal agencies carrying out activities under title I, to harmonize rules, regulations, policies and practices regarding procurement. (f) Rulemaking procedures The Administrator shall apply the same rulemaking procedures to policies regarding assistance instruments as are applied to policies regarding acquisition instruments, and shall ensure that all such procedures are carried out in compliance with section 533 of title 5, United States Code. 10511. Overseas procurement flexibility Section 3 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2670 ) is amended by— (1) in subsection (l), by striking and at the end; (2) in subsection (m), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subsection: (n) make and carry out contracts for procurement outside the United States of goods or services needed for the operation of United States diplomatic and consular posts and related facilities outside the United States, provided that— (1) laws of the United States relating to the negotiation, making, contents or performance of government contracts for goods or services, and advance payments and indemnification in relation to such contracts shall apply with respect to such contracts except to the extent that the Secretary determines (other than for purposes of chapter 21 of title 41, United States Code) that the Secretary could not reasonably meet the need of a post or facility for such goods and services by use of authority available to the Secretary under a law under this subsection; (2) the Secretary shall— (A) issue guidance addressing use of this authority; and (B) require written approval to waive specific laws or procurement regulations under this authority by the Procurement Executive (without further delegation); and (3) no individual contract action entered into under this authority shall exceed $2,000,000 unless approved in writing by the Chief Acquisition Officer of the Department (without further delegation). . 10512. Local guard contracts abroad Section 136(c)(3) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864(c)(3) ) is amended to read as follows: (3) in evaluating proposals for such contracts, award contracts to technically acceptable firms offering the lowest evaluated price, except that— (A) the Secretary may grant authorization to award contracts on the basis of best value as determined by a cost-technical tradeoff analysis; and (B) proposals received from United States persons and qualified United States joint venture persons (as defined in subsection (d) of this section) shall be evaluated by reducing the bid price by 10 percent. . 10513. Authority to pay transportation costs (a) In general In order to further the efficient use of United States voluntary contributions for alleviating human suffering, the Administrator is authorized to use funds made available for the purposes of title I to pay transportation charges on shipments of humanitarian goods by United States private and voluntary organizations. (b) Reimbursements Reimbursement under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases— (1) of landlocked countries; (2) where ports cannot be used effectively because of natural or other disturbances; (3) where carriers to a specified country are unavailable; or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports. (c) Defraying transportation costs Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee. 4 Use of foreign currencies 10601. Separate accounts for local currencies (a) In general The Administrator shall require that any local currencies generated as a result of agreements with a foreign government regarding the use of economic assistance or development assistance are deposited in a separate account established by that government. (b) Agreements A separate account under subsection (a) shall be established pursuant to an agreement between the United States Agency for International Development and the foreign government which sets forth— (1) the amount of the local currencies to be generated; (2) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (3) the responsibilities of the Agency and the foreign government to monitor and account for deposits into and disbursements from the separate account. (c) Uses of local currencies Local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (1) to further the goals and objectives of title I; or (2) for the administrative requirements of the United States Government. (d) Termination of assistance programs Upon termination of economic assistance to a country, any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (e) Reporting requirement The Administrator shall include in the annual congressional budget justification documents submitted pursuant to section 8302 a report on the amounts and uses of local currency (and United States dollar equivalent) in each applicable country. 10602. Use of certain foreign currencies (a) Authority To use foreign currencies for assistance programs Except as otherwise provided in this Act or other provisions of law, foreign currencies described in subsection (b) that are owned by the United States Government are authorized to be appropriated for use in providing assistance under this Act. (b) Foreign currencies that may be used for assistance The foreign currencies that may be used under subsection (a) are any foreign currencies received as a result of the furnishing of assistance under this Act (or any predecessor Acts authorizing non-military assistance), other than assistance administered through the Department of Defense, that are in excess of— (1) the amounts reserved under authority of section 105(d) of the Mutual Educational and Cultural Exchange Act of 1961 or any other Act relating to educational and cultural exchanges; and (2) the amounts required for payment by the agencies of the United States Government of their obligations outside the United States, as such requirements may be established from time to time by the President. (c) Payment of obligations of government agencies Foreign currencies described in subsection (b) that are in excess of the amounts described in paragraph (1) of that subsection may be sold by the Secretary of the Treasury to agencies of the United States Government for payment of their obligations outside the United States. (d) Use of foreign currencies not owned by the united states government With the concurrence of the relevant inspector general, the use of foreign currencies that accrue or are otherwise available as a result of assistance provided under this Act (including predecessor Acts) that are not owned by the United States Government, shall be the responsibility of the government owning such currencies to audit. 10603. Accounting and valuation of foreign currencies (a) Responsibility of secretary of the treasury Under the direction of the President, the Secretary of the Treasury shall have responsibility for valuation and central accounting with respect to foreign credits (including currencies) owed to or owned by the United States. In order to carry out such responsibility, the Secretary shall issue regulations binding upon all agencies of the United States Government. (b) Sole authority The Secretary of the Treasury shall have sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by all agencies of the Government. C Human resources 1 Personnel and benefits 10701. Employment of personnel (a) Authority Any Federal agency or Federal officer carrying out functions under this Act is authorized to employ such Federal personnel as the President deems necessary to carry out the provisions and purposes of this Act. (b) Assistance functions in the united states (1) Appointments and removal without regard to certain civil service laws Not more than 110 employees of the United States Agency for International Development in the United States may be appointed or removed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be compensated without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title, subject to paragraph (2) of this subsection. (2) Compensation Of the employees appointed under paragraph (1), 51 may be compensated at rates higher than those payable for GS–15 of the General Schedule under section 5332 of title 5, United States Code, but not in excess of the highest rate payable under section 5376 of such title. (3) Reinstatement rights Under such regulations as the President may prescribe, any individual employed under paragraph (1) may be entitled, upon removal (except for cause) from the position to which the appointment was made, to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay. (c) Department of defense functions in the united states Of the personnel employed in the United States by the Department of Defense to carry out this Act not to exceed 8 may be compensated at rates higher than those payable for GS–15 of the General Schedule under section 5332 of title 5, United States Code, but not in excess of the highest rate payable under section 5376 of such title. Such positions shall be in addition to those authorized by law to be filled by Presidential appointment, and in addition to the number authorized by section 5108 of title 5, United States Code. (d) Performance of functions outside the united states (1) Authority to employ or assign For the purpose of performing functions under this Act outside the United States, the President may— (A) employ or assign individuals; or (B) authorize the employment or assignment of Federal employees that are not authorized to utilize the Foreign Service personnel system. (2) Compensation Individuals employed or assigned under paragraph (1) shall receive compensation at any of the rates provided for under section 402 or section 403 of the Foreign Service Act of 1980, or under chapter 53 of title 5, United States Code, or at any other rate authorized by law, together with allowances and benefits under the Foreign Service Act of 1980. (3) Reemployment rights Individuals so employed or assigned shall be entitled to the same benefits as are provided by section 310 of the Foreign Service Act of 1980 for individuals appointed to the Foreign Service, except to the extent that the President may specify otherwise in cases in which the period of employment or assignment exceeds 30 months. 10702. Experts and consultants (a) Authority To employ Experts and consultants or organizations thereof may, in accordance with section 3109 of title 5, United States Code, be employed for the performance of functions under this Act. (b) Rates of compensation Individuals employed under the authority of subsection (a) may be compensated at rates not in excess of the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, and while away from their homes or regular places of business, they may be paid actual travel expenses and per diem in lieu of subsistence at rates not in excess of those prescribed by the standardized Government travel regulations. (c) Mandatory retirement age not applicable The service of an individual as an expert or consultant under subsection (a) shall not be considered to be employment or holding of office or position for purposes of applying the provisions of section 3323(a) of title 5, United States Code, to the individual. (d) Employment of certain persons without compensation Persons of outstanding experience and ability may be employed without compensation by any Federal agency for the performance of functions under this Act in accordance with the provisions of section 710(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2160(b)), and regulations issued thereunder. 10703. Prohibition of discrimination against Federal personnel (a) Assignment of personnel (1) In general The President shall not take into account, in assigning Federal personnel to carry out the provisions of this Act, the individual’s race, sex, religion, national origin, sexual orientation, or gender identity. Such assignments shall be made solely on the basis of ability and relevant experience. (2) Prohibition on consideration of exclusionary policies or practices No agency performing functions under this Act shall, in employing or assigning Federal personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, sex, religion, national origin, sexual orientation or gender identity. (3) Contracts Each contract entered into by any such agency for the performance of any function under this Act shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, sex, religion, national origin, sexual orientation, or gender identity. (b) Exclusion by foreign countries Except as provided in subsection (c), no assistance may be provided under this Act to any government or organization that excludes, as a matter of law, regulation, policy or practice, any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1986) from participating in the furnishing of assistance under this Act on the basis of sex, race, religion, national origin, sexual orientation or gender identity. (c) Exception The President may provide assistance notwithstanding the prohibition in subsection (b) if the President— (1) determines that, notwithstanding such exclusion,— (A) extraordinary circumstances exist which necessitate the provision of such assistance; and (B) it is in the national interest of the United States to provide such assistance; and (2) transmits to the appropriate congressional committees, prior to providing such assistance, a report detailing— (A) the facts and circumstances of such exclusion; (B) the response thereto on the part of the United States Government or any agency or personnel thereof; (C) the result of such response, if any; (D) the extraordinary circumstances which necessitate the provision of such assistance; and (E) the nature and amount of the assistance to be provided notwithstanding such exclusion. 10704. Foreign service limited appointments (a) Authority To hire and employ The Administrator is authorized to hire and employ up to 200 individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980. (b) Conditions The authority of subsection (a) may only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other nondirect hire personnel of the United States Agency for International Development are eliminated. (c) Priority sectors In exercising the authority of this section, primary emphasis shall be placed on enabling the United States Agency for International Development to meet personnel needs in technical skill areas currently encumbered by personal services contractors or other non-direct hire personnel. (d) Extensions Individuals hired and employed by the United States Agency for International Development pursuant to the authority of section 309 of the Foreign Service Act of 1980 may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. 10705. Technical advisors The Administrator is authorized to use funds made available to carry out title I to reimburse Federal agencies, agencies of State governments, institutions of higher education, and private and voluntary organizations for the full cost of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may be, the United States Agency for International Development for the purpose of carrying out this Act. 10706. Personal services contractors for USAID (a) Employment outside the united states The Administrator is authorized to employ personal services contractors outside the United States to carry out the purposes of this Act. (b) Employment in the united states The Administrator is authorized to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the United States Agency for International Development until permanent direct hire personnel are hired and trained. (c) Considered as operating expenses The salaries and expenses of individuals hired under the authority of subsection (b) shall be considered as operating expenses of the United States Agency for International Development and subject to the limitations of section 10301, except that the Administrator may use funds made available to carry out title II of the Agricultural Trade Development and Assistance Act of 1954 for personal services contractors assigned to the Office of Food for Peace. (d) Not regarded as Federal employees Individuals hired under the authority of this section shall not be regarded as Federal employees for the purpose of any law administered by the Office of Personnel Management. 10707. Personal services contractors for the Department of State (a) In general In addition to other authorities that may be available, the Secretary of State may establish a pilot program (in this section referred to as the program ) for the purpose of hiring United States citizens or aliens as personal services contractors, for service in the United States, or for service both in the United States and abroad, to respond to new or emerging needs or to augment current services. (b) Conditions The Secretary is authorized to use the authority of subsection (a), subject to the following conditions: (1) The Secretary determines that existing personnel resources are insufficient. (2) The contract length, including options, may not exceed 2 years, unless the Secretary makes a finding that exceptional circumstances justify an extension of up to one additional year. (3) Not more than a total of 200 United States citizens or aliens are employed at any one time as personal services contractors under this section. (4) This authority may only be used to obtain specialized skills or experience or to respond to urgent needs. (c) Status of personal service contractors (1) In general An individual hired as a personal service contractor pursuant to this section shall not, by virtue of such hiring, be considered to be an employee of the United States Government for purposes of any law administered by the Office of Personnel Management. (2) Applicable laws An individual hired as a personal service contractor pursuant to this section shall be covered, in the same manner as a similarly situated employee, by— (A) the Ethics in Government Act of 1978; (B) chapter 21 of title 41, United States Code; and (C) chapter 73 of title 5, sections 201, 203, 205, 207, 208, and 209 of title 18, and section 1346 and chapter 171 of title 28, United States Code. (3) Exception This subsection shall not affect the determination as to whether an individual hired as a personal service contractor pursuant to this section is an employee of the United States Government for purposes of any Federal law not specified in paragraphs (1) and (2). (d) Termination of authority The authority to award personal services contracts under the program authorized by this section shall terminate on September 30, 2014. A contract entered into prior to the termination date under this subsection may remain in effect until expiration. 10708. Hiring authority of Inspector General of the United States Agency for International Development (a) In general Subject to the requirements and limitations of this section, the Inspector General of the United States Agency for International Development is authorized to employ personal services contractors outside the United States. (b) Number The number of contractors hired under the authority of subsection (a) may not exceed 5 percent of the total authorized workforce of the Office of the Inspector General. (c) Contract length A contractor hired under the authority of subsection (a) shall have a contract period of not longer than 2 years, unless the Inspector General determines, on a case-by-case basis, that exceptional circumstances justify the extension of a contract for up to 1 additional year. (d) Certification The authority provided in subsection (a) may be exercised only if the Inspector General determines that it is impractical to recruit a sufficient number of direct-hire employees to perform necessary overseas work, and reports such determination to the appropriate congressional committees, along with the reasons such recruitment is impractical. (e) Status of employment Individuals employed under the authority of this section shall not be considered Federal employees for purposes of the Foreign Service Act of 1980 or any law administered by the Office of Personnel Management. 10709. Public availability of consulting contracts Any contract for consulting services issued with funds made available under this Act shall be a matter of public record and subject to public inspection, unless otherwise specifically provided under law. 10710. Senior Foreign Service requirement Section 305 of the Foreign Service Act of 1980 ( 22 U.S.C. 3945 ) is amended by adding at the end the following: (e) Requirement Beginning 3 years from the date of the enactment of this subsection, a Foreign Service Officer may not be promoted into the Senior Foreign Service of the Department of State or the United States Agency for International Development without having served at least one domestic rotation in a bureau or office that does not have a regional jurisdiction. . 10711. Pay parity for criminal investigators Section 5541(2)(C)(xiv) of title 5, United States Code, is amended to read as follows: (xiv) a Foreign Service officer, except that a Foreign Service officer serving as a criminal investigator in the Office of the Inspector General of the United States Agency for International Development shall be eligible for and receive availability pay on the same terms as a criminal investigator under section 5545a. . 2 Details, fellowships, and exchanges 10801. Details to foreign governments and international organizations (a) Details to foreign governments When consistent with and in furtherance of the purposes of this Act, the head of any Federal agency is authorized to detail any Federal employee of that agency to any office or position with any foreign government or foreign government agency, where acceptance of such office or position does not involve the taking of an oath of allegiance to another government or acceptance of compensation or other benefits from any foreign country by such employee. (b) Details to international organizations When consistent with and in furtherance of the purposes of this Act, the head of any Federal agency is authorized to detail to any international organization or arrangement, any Federal employee of that agency to serve with, or as a member of, the international staff of such organization, or to render any technical, scientific, or professional advice or service to, or in cooperation with, such organization. (c) Status of Federal employees detailed (1) Retention of benefits Any Federal employee, while detailed under this section— (A) shall be considered a Federal employee and of the Federal agency from which detailed for the purpose of preserving his or her allowances, privileges, rights, seniority, and other benefits as such; and (B) shall continue to receive compensation, allowances, and benefits from funds appropriated to that agency or made available to that agency under this Act, or may be detailed on a leave without pay status. (2) Allowances Any Federal employee assigned, detailed, or appointed under this section, section 10203(b), section 10204 or section 10702, may receive (under such regulations as the President may prescribe) representation allowances similar to those allowed under section 905 of the Foreign Service Act of 1980. The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5, United States Code. (d) Terms of detail Details may be made under this section or section 408 of the Mutual Security Act of 1954 in accordance with any of the following: (1) Without reimbursement to the United States Government by the foreign government or international organization. (2) Upon agreement by the foreign government or international organization to reimburse the United States Government for compensation, travel expenses, benefits, and allowances, or any part thereof, payable to the Federal employee concerned during the period of detail. Such reimbursements (including foreign currencies) shall be credited to the appropriation, fund, or account utilized for paying such compensation, travel expenses, benefits, or allowances, or to the appropriation, fund, or account currently available for such purposes. (3) Upon an advance of funds, property, or services by the foreign government or international organization to the United States Government accepted with the approval of the President for specified uses in furtherance of the purposes of this Act. Funds so advanced may be established as a separate fund in the Treasury of the United States Government, to be available for the specified uses, and to be used for reimbursement of appropriations or direct expenditure subject to the provisions of this Act. Any unexpended balance of such account shall be returned to the foreign government or international organization. (4) Subject to the receipt by the United States Government of a credit to be applied against the payment by the United States Government of its share of the expenses of the international organization to which the Federal employee is detailed, such credit to be based upon the compensation, travel expenses, benefits and allowances, or any part thereof, payable to such employee during the period of detail in accordance with subsection (c). 10802. Details to United States Government agencies (a) Authority To detail The head of any Federal agency is authorized to detail Federal employees of that agency (hereinafter known as the detailing agency ) to any office or position in any other Federal agency (hereinafter known as the receiving agency ), for the purposes set out in subsection (b). (b) Purposes of detail A detail under subsection (a) is authorized for the purposes of— (1) improving cooperation and collaboration between the detailing agency and receiving agency, (2) rendering any technical, scientific, or professional advice or service to the receiving agency, or (3) providing training and professional development to employees of the detailing agency, when such detail is consistent with and in furtherance of the purposes of this Act. (c) Congressional detail The Secretary and the Administrator are each authorized to detail up to 5 employees of the Department of State and the United States Agency for International Development, respectively, each fiscal year to individual members and committees of Congress, notwithstanding the requirement for reimbursement in subsection (d). Such detailees shall be known as Congressional Fellows . (d) Requirement for reimbursement The receiving agency shall reimburse the detailing agency for the salary and allowances of each Federal employee for the period of the detail, unless— (1) the detail is for a period of less than two years; (2) a substantially equivalent number of Federal employees are detailed to and from each agency in a fiscal year; or (3) not more than 15 Federal employees are detailed from a single agency in a fiscal year. (e) Personnel limitations Personnel detailed under this section shall not be counted for purposes of any limitation established by the Office of Management and Budget on the maximum number of personnel allowable for the detailing agency. (f) Waiver The Secretary and the Administrator are authorized to waive the requirement for reimbursement in subsection (d) for the detail of an employee of the Department of State or the Agency, respectively, for a period of up to 5 years if the receiving agency is the National Security Council. (g) Detail defined In this section, the term detail means to detail, assign, or otherwise make available an employee to another agency, office, or organization. 10803. Science and technology fellowship programs Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ) is amended by adding at the end the following: (e) (1) The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. (2) Payment of stipends under the authority of paragraph (1) shall not be considered to be compensation for purposes of section 209 of title 18, United States Code. (3) The total amount of grants made under the authority of paragraph (1) may not exceed $1,000,000 in any fiscal year. . 10804. Foreign relations exchange programs (a) In general The Secretary may establish exchange programs under which employees of the Department of State, including individuals appointed under title 5, United States Code, and members of the Foreign Service, may be assigned, for a period not to exceed 1 year, to a position with any foreign government or international entity that permits an employee of the foreign government or international entity, as the case may be, to be assigned to a position with the Department of State. (b) Department of state employees During a period in which an employee of the Department of State is participating in an exchange program authorized under subsection (a), such employee shall, for the purposes of receiving salary and benefits, be treated as an employee detailed under section 10801. (c) Foreign employees The salary and benefits of an employee of a foreign government or international entity participating in a program established under this section shall be paid by such government or entity during the period in which such employee is participating in the program, and shall not be reimbursed by the Department of State. (d) Rule of construction Nothing in this section shall be construed to authorize the appointment as a Federal employee of— (1) an individual whose allegiance is to any country, government, or foreign or international entity other than the United States; or (2) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5, United States Code, or any other provision of law concerning eligibility for appointment, and continuation of employment, as a Federal employee. 10805. Guidelines for rotational assignments (a) Career guidelines The Administrator shall establish career guidelines for Foreign Service officers and civil service officers that incorporate interagency, intergovernmental, or international organization rotational assignments. The guidelines established under this subsection shall include— (1) selection; (2) professional education and training; (3) types of relevant interagency, intergovernmental, and international organization assignments; and (4) such other matters as the Administrator considers appropriate. (b) Promotions to senior ranks Not later than 2 years after the date of the enactment of this Act, the Administrator shall establish additional guidelines that consider participation by relevant employees in at least 1 interagency, intergovernmental, or international organizational rotational assignment of at least 6 months as a factor for promotion into the ranks of the Senior Foreign Service or Senior Executive Service. (c) Promotion precepts The Administrator shall ensure that promotion precepts and promotion panels do not penalize employees who have been assigned to interagency, intergovernmental, or international organizations. 3 Training and professional development 10901. Training of Federal personnel (a) Authority To conduct training The head of each Federal agency carrying out activities under this Act is authorized to use funds made available under this Act to pay the costs, in accordance with subsection (b), of providing training for Federal personnel, through interchange or otherwise, at any State or local unit of government, public or private nonprofit institution, trade, labor, agricultural, or scientific association or organization, or commercial firm. (b) Payment of costs Training costs shall be paid— (1) from funds made available to the employing agency; (2) for individuals performing functions within the United States, from funds available for administrative expenses; and (3) for individuals performing functions outside the United States, from funds available for the program, project, or activity being carried out by such individual. (c) Limitation on dual employment Training under this section shall not be considered employment or holding of office under section 5533 of title 5, United States Code. (d) Acceptance of certain payments Any payments or contributions in connection with training under this section may, as deemed appropriate by the head of the Federal agency authorizing such training, be made by private or public sources and be accepted by any trainee, or may be accepted by and credited to the current applicable appropriation of such agency. Any such payments or contributions shall be in lieu, or in reduction, of compensation received from the United States Government. 10902. Career development (a) Comprehensive program The Secretary and the Administrator shall implement and maintain a comprehensive career-long program of professional training for the personnel of the Department of State and the United States Agency for International Development, respectively. (b) Participation levels The Secretary and the Administrator shall ensure that in each fiscal year not less than 10 percent of personnel of the Department of State and the United States Agency for International Development receive professional training or participate in details, exchanges, fellowships, scholarships or other opportunities for professional development. (c) Institution for training Section 701(b) of the Foreign Service Act of 1980 (22 U.S.C. 4021(b)) is amended to read as follows: (b) (1) The Secretary of State shall ensure that training offered by the institution— (A) meets the training needs of all foreign affairs agencies; (B) is made available on an equal basis to personnel of all foreign affairs agencies, including access to child care facilities, travel, per diem, and reimbursements; (C) is responsive to requests by the heads of other agencies for the development and implementation of specialized training courses; and (D) is evaluated regularly for cost-effectiveness and for results. (2) Other agencies shall avoid duplicating the facilities and training provided by the Secretary of State through the institution and otherwise. . (d) Training support services Section 704(a)(4)(B) of the Foreign Service Act of 1980 ( 22 U.S.C. 4024(a)(4)(B) ) is amended by striking language instructors, linguists, and other academic and training specialists and inserting education and training specialists, including language instructors and linguists, and other specialists who perform work directly relating to the design, delivery, oversight, or coordination of training delivered by the institution . (e) Requirements for promotion The Secretary and the Administrator shall each establish a set of mandatory training requirements for promotion into the Senior Foreign Service. (f) Evaluation of effectiveness The Secretary and the Administrator shall evaluate the effectiveness of all training and professional development programs for the personnel of the Department of State and the United States Agency for International Development, respectively, not later than 2 years after the date of the enactment of this Act, and not less than once every 5 years after thereafter. The results of such evaluations shall be made publicly available on the Internet. 10903. Language skills development (a) Development of system The Secretary and the Administrator shall develop a system for increasing the number and percentage of Foreign Service Officers at the Department of State and the United States Agency for International Development, respectively, who are proficient in the official language of the country of assignment. (b) Elements of system Such system shall include— (1) methods for identifying emerging areas of foreign language shortfalls and projected language needs; (2) designation of Foreign Service positions for which a minimum level of certified language proficiency is required, to be known as language designated positions ; (3) designation of languages for which there is a critical unmet need, to be known as critical languages ; (4) development of policies and procedures relating to assignments, length of rotations, recruitment, retention, training, and promotion to— (A) ensure that there are a sufficient number of Foreign Service officers able and available to fill language designated positions; and (B) remedy shortfalls in critical languages; (5) establishment of clear and measurable performance goals and objectives; and (6) requirements for monitoring and evaluation of progress. (c) Transmission to congress The Secretary and the Administrator shall transmit to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act, a report on the system developed under subsection (a) and a plan for its implementation, including any budgetary implications. (d) Implementation reports One year after the date on which the report is transmitted pursuant to subsection (c), and each of the next 2 years thereafter, the Secretary and the Administrator shall transmit to the appropriate congressional committees a report on the status of implementation of the system developed under subsection (a). (e) Repeal of duplicative report Section 702 of the Foreign Service Act of 1980 ( 22 U.S.C. 4022 ) is amended by striking subsection (c). (f) Availability of funds Notwithstanding section 10302, amounts made available to the Agency to carry out this section shall not be considered to be operating expenses. XI Amendments and repeals A Amendments 11101. Amendments relating to assistance to combat HIV/AIDS, tuberculosis, and malaria (a) Assistance To combat HIV/AIDS Subtitle A of title III of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (22 U.S.C. 7631 et seq.) is amended— (1) by redesignating section 301 as section 301A; (2) in the heading of section 301A (as redesignated), by inserting other provisions relating to before assistance ; and (3) by inserting before section 301A (as redesignated) the following new section: 301. Assistance to combat HIV/AIDS (a) Finding Congress recognizes that the alarming spread of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America and other developing countries is a major global health, national security, development, and humanitarian crisis. (b) Policy (1) Objectives It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention and treatment of HIV/AIDS and the care of those affected by the disease. It is the policy objective of the United States, by 2013, to— (A) assist partner countries to— (i) prevent 12,000,000 new HIV infections worldwide; (ii) support— (I) the increase in the number of individuals with HIV/AIDS receiving antiretroviral treatment above the goal established under section 402(a)(3) and increased pursuant to paragraphs (1) through (3) of section 403(d); and (II) additional treatment through coordinated multilateral efforts; (iii) support care for 12,000,000 individuals infected with or affected by HIV/AIDS, including 5,000,000 orphans and vulnerable children affected by HIV/AIDS, with an emphasis on promoting a comprehensive, coordinated system of services to be integrated throughout the continuum of care; (iv) provide at least 80 percent of the target population with access to counseling, testing, and treatment to prevent the transmission of HIV from mother-to-child; (v) provide care and treatment services to children with HIV in proportion to their percentage within the HIV-infected population of a given partner country; and (vi) train and support retention of health care professionals, paraprofessionals, and community health workers in HIV/AIDS prevention, treatment, and care, with the target of providing such training to at least 140,000 new health care professionals and paraprofessionals with an emphasis on training and in country deployment of critically needed doctors and nurses; (B) strengthen the capacity to deliver primary health care in developing countries, especially in sub-Saharan Africa; (C) support and help countries in their efforts to achieve staffing levels of at least 2.3 doctors, nurses, and midwives per 1,000 population, as called for by the World Health Organization; and (D) help partner countries to develop independent, sustainable HIV/AIDS programs. (2) Coordinated global strategy The United States and other countries with the sufficient capacity should provide assistance to countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, and Latin America, and other countries and regions confronting HIV/AIDS epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through HIV/AIDS prevention, treatment, care, monitoring and evaluation, and related activities. (3) Priorities The United States Government’s response to the global HIV/AIDS pandemic and the Government’s efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on— (A) the prevention of the transmission of HIV; (B) moving toward universal access to HIV/AIDS prevention counseling and services; (C) meaningful cost-sharing assurances by the partner country; and (D) the inclusion of transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments. (c) Authorization (1) In general Consistent with section 1321 of the Global Partnerships Act of 2013 , the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for HIV/AIDS, including to prevent, treat, and monitor HIV/AIDS, and carry out related activities, in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas, particularly with respect to refugee populations or those in postconflict settings in such countries and areas with significant or increasing HIV incidence rates. (2) Role of NGOs It is the sense of Congress that the President should provide an appropriate level of assistance under paragraph (1) through nongovernmental organizations (including faith-based and community-based organizations) in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas affected by the HIV/AIDS pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing HIV incidence rates. (3) Coordination of assistance efforts The President shall coordinate the provision of assistance under paragraph (1) with the provision of related assistance by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children’s Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and other appropriate international organizations (such as the International Bank for Reconstruction and Development), relevant regional multilateral development institutions, national, state, and local governments of partner countries, other international actors, appropriate governmental and nongovernmental organizations, and relevant executive branch agencies within the framework of the principles of the Three Ones. (d) Activities supported Assistance provided under subsection (c) shall, to the maximum extent practicable, be used to carry out the following activities: (1) Prevention Prevention of HIV/AIDS through activities including— (A) programs and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of HIV infection, including integration of such programs into health programs and the inclusion in counseling programs of information on methods of avoiding infection of HIV, including delaying sexual debut, abstinence, fidelity and monogamy, reduction of casual sexual partnering and multiple concurrent sexual partnering, reducing sexual violence and coercion, including child marriage, widow inheritance, and polygamy, and where appropriate, use of male and female condoms; (B) assistance to establish and implement culturally appropriate HIV/AIDS education and prevention programs that are designed with local input and focus on helping individuals avoid infection of HIV/AIDS, implemented through nongovernmental organizations, including faith-based and community-based organizations, particularly those locally based organizations that utilize both professionals and volunteers with appropriate skills, experience, and community presence; (C) assistance for the purpose of encouraging men to be responsible in their sexual behavior, child rearing, and to respect women; (D) assistance for the purpose of providing voluntary testing and counseling (including the incorporation of confidentiality protections with respect to such testing and counseling) and promoting the use of provider-initiated or opt-out voluntary testing in accordance with World Health Organization guidelines; (E) assistance for the purpose of preventing mother-to-child transmission of the HIV infection, including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding; (F) assistance to— (i) achieve the goal of reaching 80 percent of pregnant women for prevention and treatment of mother-to-child transmission of HIV in countries in which the United States is implementing HIV/AIDS programs by 2013; and (ii) promote infant feeding options and treatment protocols that meet the most recent criteria established by the World Health Organization; (G) medical male circumcision programs as part of national strategies to combat the transmission of HIV/AIDS; (H) assistance to ensure a safe blood supply and sterile medical equipment; (I) assistance to help avoid substance abuse and intravenous drug use that can lead to HIV infection; (J) assistance for the purpose of increasing women’s access to employment opportunities, income, productive resources, and microfinance programs, where appropriate; and (K) assistance for counseling, testing, treatment, care, and support programs, including— (i) counseling and other services for the prevention of reinfection of individuals with HIV/AIDS; (ii) counseling to prevent sexual transmission of HIV, including— (I) life skills development for practicing abstinence and faithfulness; (II) reducing the number of sexual partners; (III) delaying sexual debut; and (IV) ensuring correct and consistent use of condoms; (iii) assistance to engage underlying vulnerabilities to HIV/AIDS, especially those of women and girls; (iv) assistance for appropriate HIV/AIDS education programs and training targeted to prevent the transmission of HIV among men who have sex with men; (v) assistance to provide male and female condoms; (vi) diagnosis and treatment of other sexually transmitted infections; (vii) strategies to address the stigma and discrimination that impede HIV/AIDS prevention efforts; and (viii) assistance to facilitate widespread access to microbicides for HIV prevention, if safe and effective products become available, including financial and technical support for culturally appropriate introductory programs, procurement, distribution, logistics management, program delivery, acceptability studies, provider training, demand generation, and postintroduction monitoring. (2) Treatment The treatment and care of individuals with HIV/AIDS, including— (A) assistance to establish and implement programs to strengthen and broaden indigenous health care delivery systems and the capacity of such systems to deliver HIV/AIDS pharmaceuticals and otherwise provide for the treatment of individuals with HIV/AIDS, including clinical training for indigenous organizations and health care providers; (B) assistance to strengthen and expand hospice and palliative care programs to assist patients debilitated by HIV/AIDS, their families, and the primary caregivers of such patients, including programs that utilize faith-based and community-based organizations; (C) assistance for the purpose of the care and treatment of individuals with HIV/AIDS through the provision of pharmaceuticals, including antiretrovirals and other pharmaceuticals and therapies for the treatment of opportunistic infections, pain management, nutritional support, and other treatment modalities; (D) as part of care and treatment of HIV/AIDS, assistance (including prophylaxis and treatment) for common HIV/AIDS-related opportunistic infections for free or at a rate at which it is easily affordable to the individuals and populations being served; and (E) as part of care and treatment of HIV/AIDS, assistance or referral to available and adequately resourced service providers for nutritional support, including counseling and where necessary the provision of commodities, for persons meeting malnourishment criteria and their families. (3) Preventative intervention education and technologies (A) With particular emphasis on specific populations that represent a particularly high risk of contracting or spreading HIV/AIDS, including those exploited through the sex trade, victims of rape and sexual assault, individuals already infected with HIV/AIDS, and in cases of occupational exposure of health care workers, assistance with efforts to reduce the risk of HIV/AIDS infection including post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides. (B) Bulk purchases of available test kits, condoms, and, when proven effective, microbicides that are intended to reduce the risk of HIV/AIDS transmission and for appropriate program support for the introduction and distribution of these commodities, as well as education and training on the use of the technologies. (4) Monitoring The monitoring of programs, projects, and activities carried out pursuant to paragraphs (1) through (3), including— (A) monitoring to ensure that adequate controls are established and implemented to provide HIV/AIDS pharmaceuticals and other appropriate medicines to poor individuals with HIV/AIDS; (B) appropriate evaluation and surveillance activities; (C) monitoring to ensure that appropriate measures are being taken to maintain the sustainability of HIV/AIDS pharmaceuticals (especially antiretrovirals) and ensure that drug resistance is not compromising the benefits of such pharmaceuticals; (D) monitoring to ensure appropriate law enforcement officials are working to ensure that HIV/AIDS pharmaceuticals are not diminished through illegal counterfeiting or black market sales of such pharmaceuticals; (E) carrying out and expanding program monitoring, impact evaluation research and analysis, and operations research and disseminating data and findings through mechanisms to be developed by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, in coordination with the Director of the Centers for Disease Control, in order to— (i) improve accountability, increase transparency, and ensure the delivery of evidence-based services through the collection, evaluation, and analysis of data regarding gender-responsive interventions, disaggregated by age and sex; (ii) identify and replicate effective models; and (iii) develop gender indicators to measure outcomes and the impacts of interventions; and (F) establishing appropriate systems to— (i) gather epidemiological and social science data on HIV; and (ii) evaluate the effectiveness of prevention efforts among men who have sex with men, with due consideration to stigma and risks associated with disclosure. (5) Pharmaceuticals (A) Procurement The procurement of HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines, including medicines to treat opportunistic infections. (B) Mechanisms for quality control and sustainable supply Mechanisms to ensure that such HIV/AIDS pharmaceuticals, antiretroviral therapies, and other appropriate medicines are quality-controlled and sustainably supplied. (C) Mechanism to ensure cost-effective drug purchasing Subject to subparagraph (B), mechanisms to ensure that safe and effective pharmaceuticals, including antiretrovirals and medicines to treat opportunistic infections, are purchased at the lowest possible price at which such pharmaceuticals may be obtained in sufficient quantity on the world market, provided that such pharmaceuticals are approved, tentatively approved, or otherwise authorized for use by— (i) the Food and Drug Administration; (ii) a stringent regulatory agency acceptable to the Secretary of Health and Human Services; or (iii) a quality assurance mechanism acceptable to the Secretary of Health and Human Services. (D) Distribution The distribution of such HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines (including medicines to treat opportunistic infections) to qualified national, regional, or local organizations for the treatment of individuals with HIV/AIDS in accordance with appropriate HIV/AIDS testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the HIV infection. (6) Related and coordinated activities The conduct of related activities, including— (A) the care and support of children who are orphaned by the HIV/AIDS pandemic, including services designed to care for orphaned children in a family environment which rely on extended family members; (B) improved infrastructure and institutional capacity to develop and manage education, prevention, and treatment programs, including training and the resources to collect and maintain accurate HIV surveillance data to target programs and measure the effectiveness of interventions; (C) vaccine research and development partnership programs with specific plans of action to develop a safe, effective, accessible, preventive HIV vaccine for use throughout the world; (D) coordinated or referred activities to— (i) enhance the clinical impact of HIV/AIDS care and treatment; and (ii) ameliorate the adverse social and economic costs often affecting AIDS-impacted families and communities through the direct provision, as necessary, or through the referral, if possible, of support services, including— (I) nutritional and food support; (II) safe drinking water and adequate sanitation; (III) nutritional counseling; (IV) income-generating activities and livelihood initiatives; (V) maternal and child health care; (VI) primary health care; (VII) the diagnosis and treatment of other infectious or sexually transmitted diseases; (VIII) substance abuse and treatment services; and (IX) legal services; (E) coordinated or referred activities to link programs addressing HIV/AIDS with programs addressing gender-based violence in areas of significant HIV prevalence to assist countries in the development and enforcement of women’s health, children’s health, and HIV/AIDS laws and policies that— (i) prevent and respond to violence against women and girls; (ii) promote the integration of screening and assessment for gender-based violence into HIV/AIDS programming; (iii) promote appropriate HIV/AIDS counseling, testing, and treatment into gender-based violence programs; and (iv) assist governments to develop partnerships with civil society organizations to create networks for psychosocial, legal, economic, or other support services; (F) coordinated or referred activities to— (i) address the frequent coinfection of HIV and tuberculosis, in accordance with World Health Organization guidelines; (ii) promote provider-initiated or opt-out HIV/AIDS counseling and testing and appropriate referral for treatment and care to individuals with tuberculosis or its symptoms, particularly in areas with significant HIV prevalence; and (iii) strengthen programs to ensure that individuals testing positive for HIV receive tuberculosis screening and to improve laboratory capacities, infection control, and adherence; and (G) activities to— (i) improve the effectiveness of national responses to HIV/AIDS; (ii) strengthen overall health systems in high-prevalence countries, including support for workforce training, retention, and effective deployment, capacity building, laboratory development, equipment maintenance and repair, and public health and related public financial management systems and operations; (iii) encourage fair and transparent procurement practices among partner countries; and (iv) promote in-country or intra-regional pediatric training for physicians and other health professionals, preferably through public-private partnerships involving colleges and universities, with the goal of increasing pediatric HIV workforce capacity. (7) Comprehensive hiv/aids public-private partnerships The establishment and operation of public-private partnership entities within countries in sub-Saharan Africa, the Caribbean, and other countries affected by the HIV/AIDS pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention, treatment, and monitoring of HIV/AIDS. Each such public-private partnership should— (A) support the development, implementation, and management of comprehensive HIV/AIDS plans in support of the national HIV/AIDS strategy; (B) operate at all times in a manner that emphasizes efficiency, accountability, and results-driven programs; (C) engage both local and foreign development partners and donors, including businesses, government agencies, academic institutions, nongovernmental organizations, foundations, multilateral development agencies, and faith-based organizations, to assist the country in coordinating and implementing HIV/AIDS prevention, treatment, and monitoring programs in accordance with its national HIV/AIDS strategy; (D) provide technical assistance, consultant services, financial planning, monitoring and evaluation, and research in support of the national HIV/AIDS strategy; and (E) establish local human resource capacities for the national HIV/AIDS strategy through the transfer of medical, managerial, leadership, and technical skills. (8) Compacts and framework agreements The development of compacts or framework agreements, tailored to local circumstances, with national governments or regional partnerships in countries with significant HIV/AIDS burdens to promote host government commitment to deeper integration of HIV/AIDS services into health systems, contribute to health systems overall, and enhance sustainability, including— (A) meaningful cost-sharing assurances by the partner country; and (B) transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments. (e) Compacts and framework agreements (1) Findings Congress makes the following findings: (A) The congressionally mandated Institute of Medicine report entitled PEPFAR Implementation: Progress and Promise states: The next strategy [of the U.S. Global AIDS Initiative] should squarely address the needs and challenges involved in supporting sustainable country HIV/AIDS programs, thereby transitioning from a focus on emergency relief. . (B) One mechanism to promote the transition from an emergency to a public health and development approach to HIV/AIDS is through compacts or framework agreements between the United States Government and each participating nation. (2) Elements Compacts on HIV/AIDS authorized under subsection (d)(8) shall include the following elements: (A) Compacts whose primary purpose is to provide direct services to combat HIV/AIDS are to be made between— (i) the United States Government; and (ii) (I) national or regional entities representing low-income countries served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; or (II) countries or regions— (aa) experiencing significantly high HIV prevalence or risk of significantly increasing incidence within the general population; (bb) served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; and (cc) that have inadequate financial means within such country or region. (B) Compacts whose primary purpose is to provide limited technical assistance to a country or region connected to services provided within the country or region— (i) may be made with other countries or regional entities served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; (ii) shall require significant investments in HIV prevention, care, and treatment services by the host country; (iii) shall be time-limited in terms of United States contributions; and (iv) shall be made only upon prior notification to Congress— (I) justifying the need for such compacts; (II) describing the expected investment by the country or regional entity; and (III) describing the scope, nature, expected total United States investment, and time frame of the limited technical assistance under the compact and its intended impact. (C) Compacts shall include provisions to— (i) promote local and national efforts to reduce stigma associated with HIV/AIDS; and (ii) work with and promote the role of civil society in combating HIV/AIDS. (D) Compacts shall take into account the overall national health and development and national HIV/AIDS and public health strategies of each country. (E) Compacts shall contain— (i) consideration of the specific objectives that the country and the United States expect to achieve during the term of a compact; (ii) consideration of the respective responsibilities of the country and the United States in the achievement of such objectives; (iii) consideration of regular benchmarks to measure progress toward achieving such objectives; (iv) an identification of the intended beneficiaries, disaggregated by gender and age, and including information on orphans and vulnerable children, to the maximum extent practicable; (v) consideration of the methods by which the compact is intended to— (I) address the factors that put women and girls at greater risk of HIV/AIDS; and (II) strengthen elements such as the economic, educational, and social status of women, girls, orphans, and vulnerable children and the inheritance rights and safety of such individuals; (vi) consideration of the methods by which the compact will— (I) strengthen the health care capacity, including factors such as the training, retention, deployment, recruitment, and utilization of health care workers; (II) improve supply chain management; and (III) improve the health systems and infrastructure of the partner country, including the ability of compact participants to maintain and operate equipment transferred or purchased as part of the compact; (vii) consideration of proposed mechanisms to provide oversight; (viii) consideration of the role of civil society in the development of a compact and the achievement of its objectives; (ix) a description of the current and potential participation of other donors in the achievement of such objectives, as appropriate; and (x) consideration of a plan to ensure appropriate fiscal accountability for the use of assistance. (F) For regional compacts, priority shall be given to countries that are included in regional funds and programs in existence as of the date of the enactment of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. (G) Amounts made available for compacts described in subparagraphs (A) and (B) shall be subject to the inclusion of— (i) meaningful cost-sharing assurances by the partner country; and (ii) transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, and budget support by respective foreign governments. (3) Local input In entering into a compact on HIV/AIDS authorized under subsection (d)(8), the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall seek to ensure that the government of a country— (A) takes into account the local perspectives of the rural and urban poor, including women, in each country; and (B) consults with private and voluntary organizations, including faith-based organizations, the business community, and other donors in the country. (4) Congressional and public notification after entering into a compact Not later than 10 days after entering into a compact authorized under subsection (d)(8), the Global AIDS Coordinator shall— (A) submit a report containing a detailed summary of the compact and a copy of the text of the compact to— (i) the Committee on Foreign Relations of the Senate; (ii) the Committee on Appropriations of the Senate; (iii) the Committee on Foreign Affairs of the House of Representatives; and (iv) the Committee on Appropriations of the House of Representatives; and (B) publish such information in the Federal Register and on the Internet website of the Office of the Global AIDS Coordinator. (f) Annual Report (1) In general Not later than January 31 of each year, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of this section for the prior fiscal year. (2) Report elements Each report shall include— (A) a description of efforts made by each relevant executive branch agency to implement the policies set forth in this section, section 302, and section 303; (B) a description of the programs established pursuant to such sections; (C) a detailed breakdown of funding allocations, by program and by country, for prevention activities; and (D) a detailed assessment of the impact of programs established pursuant to such sections, including— (i) (I) the effectiveness of such programs in reducing— (aa) the transmission of HIV, particularly in women and girls; (bb) mother-to-child transmission of HIV, including through drug treatment and therapies, either directly or by referral; and (cc) mortality rates from HIV/AIDS; (II) the number of patients receiving treatment for AIDS in each country that receives assistance under this Act; (III) an assessment of progress towards the achievement of annual goals set forth in the timetable required under the 5-year strategy established under section 101 and, if annual goals are not being met, the reasons for such failure; and (IV) retention and attrition data for programs receiving United States assistance, including mortality and loss to follow-up rates, organized overall and by country; (ii) the progress made toward— (I) improving health care delivery systems (including the training of health care workers, including doctors, nurses, midwives, pharmacists, laboratory technicians, and compensated community health workers, and the use of codes of conduct for ethical recruiting practices for health care workers); (II) advancing safe working conditions for health care workers; and (III) improving infrastructure to promote progress toward universal access to HIV/AIDS prevention, treatment, and care by 2013; (iii) a description of coordination efforts with relevant executive branch agencies to link HIV/AIDS clinical and social services with non-HIV/AIDS services as part of the United States health and development agenda; (iv) a detailed description of integrated HIV/AIDS and food and nutrition programs and services, including— (I) the amount spent on food and nutrition support; (II) the types of activities supported; and (III) an assessment of the effectiveness of interventions carried out to improve the health status of persons with HIV/AIDS receiving food or nutritional support; (v) a description of efforts to improve harmonization, in terms of relevant executive branch agencies, coordination with other public and private entities, and coordination with partner countries’ national strategic plans as called for in the Three Ones ; (vi) a description of— (I) the efforts of partner countries that were signatories to the Abuja Declaration on HIV/AIDS, Tuberculosis, and Other Related Infectious Diseases to adhere to the goals of such Declaration in terms of investments in public health, including HIV/AIDS; and (II) a description of the HIV/AIDS investments of partner countries that were not signatories to such Declaration; (vii) a detailed description of any compacts or framework agreements reached or negotiated between the United States and any partner countries, including a description of the elements of compacts described in subsection (e); (viii) a description of programs serving women and girls, including— (I) HIV/AIDS prevention programs that address the vulnerabilities of girls and women to HIV/AIDS; (II) information on the number of individuals served by programs aimed at reducing the vulnerabilities of women and girls to HIV/AIDS and data on the types, objectives, and duration of programs to address these issues; (III) information on programs to address the particular needs of adolescent girls and young women; and (IV) programs to prevent gender-based violence or to assist victims of gender based violence as part of, or in coordination with, HIV/AIDS programs; (ix) a description of strategies, goals, programs, and interventions to— (I) address the needs and vulnerabilities of youth populations; (II) expand access among young men and women to evidence-based HIV/AIDS health care services and HIV prevention programs, including abstinence education programs; and (III) expand community-based services to meet the needs of orphans and of children and adolescents affected by or vulnerable to HIV/AIDS without increasing stigmatization; (x) a description of— (I) the specific strategies funded to ensure the reduction of HIV infection among injection drug users; (II) the number of injection drug users, by country, reached by such strategies; and (III) medication-assisted drug treatment for individuals with HIV or at risk of HIV; (xi) a detailed description of program monitoring, operations research, and impact evaluation research, including— (I) the amount of funding provided for each research type; (II) an analysis of cost-effectiveness models; and (III) conclusions regarding the efficiency, effectiveness, and quality of services as derived from previous or ongoing research and monitoring efforts; (xii) building capacity to identify, investigate, and stop nosocomial transmission of infectious diseases, including HIV and tuberculosis; and (xiii) a description of staffing levels of United States Government HIV/AIDS teams in countries with significant HIV/AIDS programs, including whether or not a full-time coordinator was on staff for the year. (g) Funding limitation Of the funds made available to carry out this section in any fiscal year, not more than 7 percent may be used for the administrative expenses of the United States Agency for International Development in support of activities described in this section, section 302, and section 303. Such amount shall be in addition to other amounts otherwise available for such purposes. (h) Definitions In this section: (1) AIDS The term AIDS means acquired immune deficiency syndrome. (2) HIV The term HIV means the human immunodeficiency virus, the pathogen that causes AIDS. (3) HIV/AIDS The term HIV/AIDS means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (4) Relevant executive branch agencies The term relevant executive branch agencies means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including its agencies and offices), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act. . (b) Assistance To combat tuberculosis Subtitle A of title III of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( 22 U.S.C. 7631 et seq. ) is amended— (1) by redesignating section 302 as section 302A; (2) in the heading of section 302A (as redesignated), by inserting other provisions relating to before assistance ; and (3) by inserting before section 302A (as redesignated) the following new section: 302. Assistance to combat tuberculosis (a) Findings Congress makes the following findings: (1) Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease. (2) Congress further recognizes that the means exist to control and treat tuberculosis through expanded use of the DOTS (Directly Observed Treatment Short-course) treatment strategy, including DOTS–Plus to address multi-drug resistant tuberculosis, and adequate investment in newly created mechanisms to increase access to treatment, including the Global Tuberculosis Drug Facility established in 2001 pursuant to the Amsterdam Declaration to Stop TB and the Global Alliance for TB Drug Development. (b) Policy It is a major objective of the foreign assistance program of the United States to control tuberculosis. In all countries in which the Government of the United States has established development programs, particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis, the United States should support the objectives of the Global Plan to Stop TB, including through achievement of the following goals: (1) Reduce by half the tuberculosis death and disease burden from the 1990 baseline. (2) Sustain or exceed the detection of at least 70 percent of sputum smear-positive cases of tuberculosis and the successful treatment of at least 85 percent of the cases detected in countries with established United States Agency for International Development tuberculosis programs. (3) In support of the Global Plan to Stop TB, the President shall establish a comprehensive, 5-year United States strategy to expand and improve United States efforts to combat tuberculosis globally, including a plan to support— (A) the successful treatment of 4,500,000 new sputum smear tuberculosis patients under DOTS programs by 2013, primarily through direct support for needed services, commodities, health workers, and training, and additional treatment through coordinated multilateral efforts; and (B) the diagnosis and treatment of 90,000 new multiple drug resistant tuberculosis cases by 2013, and additional treatment through coordinated multilateral efforts. (c) Authorization To carry out this section and consistent with section 1321 of the Global Partnerships Act of 2013 , the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of tuberculosis. (d) Coordination In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program. (e) Priority To stop TB strategy In furnishing assistance under subsection (c), the President shall give priority to— (1) direct services described in the Stop TB Strategy, including expansion and enhancement of Directly Observed Treatment Short-course (DOTS) coverage, rapid testing, treatment for individuals infected with both tuberculosis and HIV, and treatment for individuals with multi-drug resistant tuberculosis (MDR–TB), strengthening of health systems, use of the International Standards for Tuberculosis Care by all providers, empowering individuals with tuberculosis, and enabling and promoting research to develop new diagnostics, drugs, and vaccines, and program-based operational research relating to tuberculosis; and (2) funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development. (f) Assistance for the world health organization and the stop tuberculosis partnership In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing multiple drug resistant tuberculosis (MDR–TB) and extensively drug resistant tuberculosis (XDR–TB). (g) Annual report The President shall submit an annual report to Congress that describes the impact of United States foreign assistance on efforts to control tuberculosis, including— (1) the number of tuberculosis cases diagnosed and the number of cases cured in countries receiving United States bilateral foreign assistance for tuberculosis control purposes; (2) a description of activities supported with United States tuberculosis resources in each country, including a description of how those activities specifically contribute to increasing the number of people diagnosed and treated for tuberculosis; (3) in each country receiving bilateral United States foreign assistance for tuberculosis control purposes, the percentage provided for direct tuberculosis services in countries receiving United States bilateral foreign assistance for tuberculosis control purposes; (4) a description of research efforts and clinical trials to develop new tools to combat tuberculosis, including diagnostics, drugs, and vaccines supported by United States bilateral assistance; (5) the number of persons who have been diagnosed and started treatment for multidrug-resistant tuberculosis in countries receiving United States bilateral foreign assistance for tuberculosis control programs; (6) a description of the collaboration and coordination of United States anti-tuberculosis efforts with the World Health Organization, the Global Fund, and other major public and private entities within the Stop TB Strategy; (7) the constraints on implementation of programs posed by health workforce shortages and capacities; (8) the number of people trained in tuberculosis control; and (9) a breakdown of expenditures for direct patient tuberculosis services, drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening, research, and support costs. (h) Definitions In this section: (1) DOTS The term DOTS or Directly Observed Treatment Short-course means the World Health Organization-recommended strategy for treating tuberculosis, including— (A) low-cost and effective diagnosis, treatment, and monitoring of tuberculosis; (B) a reliable drug supply; (C) a management strategy for public health systems; (D) health system strengthening; (E) promotion of the use of the International Standards for Tuberculosis Care by all care providers; (F) bacteriology under an external quality assessment framework; (G) short-course chemotherapy; and (H) sound reporting and recording systems. (2) DOTS– P lus The term DOTS–Plus means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard DOTS strategy, and which takes into account specific issues (such as use of second line anti-tuberculosis drugs) that need to be addressed in areas where there is high prevalence of multidrug resistant tuberculosis. (3) Global alliance for tuberculosis drug development The term Global Alliance for Tuberculosis Drug Development means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries. (4) Stop TB strategy The term Stop TB Strategy means the 6-point strategy to reduce tuberculosis developed by the World Health Organization, which is described in the Global Plan to Stop TB 2006–2015: Actions for Life, a comprehensive plan developed by the Stop TB Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015. (5) Stop tuberculosis partnership The term Stop Tuberculosis Partnership means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world. . (c) Assistance To combat malaria Subtitle A of title III of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( 22 U.S.C. 7631 et seq. ) is amended— (1) by redesignating section 303 as section 303A; (2) in the heading of section 303A (as redesignated), by inserting other provisions relating to before assistance ; and (3) by inserting before section 303A (as redesignated) the following new section: 303. Assistance to combat malaria (a) Finding Congress finds that malaria kills more people annually than any other communicable disease except tuberculosis, that more than 90 percent of all malaria cases are in sub-Saharan Africa, and that children and women are particularly at risk. Congress recognizes that there are cost-effective tools to decrease the spread of malaria and that malaria is a curable disease if promptly diagnosed and adequately treated. (b) Policy It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention, control, treatment, and cure of malaria. (c) Authorization To carry out this section and consistent with section 1321 of the Global Partnerships Act of 2013 , the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of malaria. (d) Coordination In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the Department of Health and Human Services (the Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive malaria control program. . (d) Technical and conforming amendments The United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( 22 U.S.C. 7601 et seq. ) is amended— (1) in section 3(12), by striking Foreign Assistance Act of 1961 and inserting Global Partnerships Act of 2013 ; (2) in section 101(f)(1)(A), by inserting at the end before the period the following: (as such sections were in effect on the day before the date of the enactment of the Global Partnerships Act of 2013) ; (3) in section 202(d)(4)(B)— (A) in clause (iii), by striking section 104A of the Foreign Assistance Act of 1961 (as added by section 301 of this Act) and inserting section 301 of this Act ; and (B) in clause (iv), by striking sections 104A, 104B, and 104C of the Foreign Assistance Act of 1961 (as added by title III of this Act) and inserting sections 301, 302, and 303 of this Act ; (4) in section 204(b)(1), by striking section 129 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152 ) and inserting section 1132 of the Global Partnerships Act of 2013 ; (5) in section 301A (as redesignated)— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) and inserting section 1304 of the Global Partnerships Act of 2013 ; and (II) by striking section 104A of the Foreign Assistance Act of 1961, as added by subsection (a) and inserting section 301 ; and (ii) in paragraph (3), by striking section 104A(d)(4) of the Foreign Assistance Act of 1961 (as added by subsection (a)) and inserting section 301(d)(5) ; and (B) in subsection (d), by striking under section 104A of the Foreign Assistance Act of 1961 and inserting under section 1304 of the Global Partnerships Act of 2013 ; (6) in section 302A(b)(1) (as redesignated)— (A) by striking section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) and inserting section 1304 of the Global Partnerships Act of 2013 ; and (B) by striking section 104B of the Foreign Assistance Act of 1961, as added by subsection (a) and inserting section 302 ; and (7) in section 303A(b)(1) (as redesignated)— (A) by striking section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) and inserting section 1304 of the Global Partnerships Act of 2013 ; and (B) by striking section 104C of the Foreign Assistance Act of 1961, as added by subsection (a) and inserting section 303 ; (8) in section 304A (as redesignated)— (A) in subsection (e), by striking section 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b–4) and inserting section 303 ; and (B) in subsection (f), by striking section 104C ; (9) in section 312(c)(4)(C)(ii), by striking 104A(f) of the Foreign Assistance Act of 1961 and inserting section 301(f) ; and (10) in section 403— (A) in subsection (a)(4), by striking section 104A(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2(e) ) and inserting section 301(e) of this Act ; and (B) in subsection (d)(4), by striking section 104A(b)(1)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2(b)(1)(A) ) and inserting section 301(b)(1)(A) of this Act . (e) Clerical amendment The table of contents in section 1(b) of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( 22 U.S.C. 7601 note) is amended by striking the items relating to sections 301 through 303 and inserting the following new items: Sec. 301. Assistance to combat HIV/AIDS. Sec. 301A. Other provisions relating to assistance to combat HIV/AIDS. Sec. 302. Assistance to combat tuberculosis. Sec. 302A. Other provisions relating to assistance to combat tuberculosis. Sec. 303. Assistance to combat malaria. Sec. 303A. Other provisions relating to assistance to combat malaria. . (f) Transfer of prior year funds Unobligated balances of funds made available under sections 104A, 104B and 104C of the Foreign Assistance Act of 1961 (as in effect on the day before the date of the enactment of this Act) shall be transferred to, merged with, and made available for the same purposes as funds made available under sections 301, 302 and 303, respectively, of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (as added by this section). 11102. Amendments to the Millennium Challenge Act of 2003 (a) Extension of compacts Section 609(j) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7708(j) ) is amended to read as follows: (j) Extension of compact (1) In general Except as provided under paragraph (2), the duration of a Compact shall not exceed 5 years. (2) Exception The duration of a Compact may be extended beyond 5 years if— (A) the Compact was signed prior to the date of the enactment of the Global Partnerships Act of 2013; (B) the Board determines that a project included in the Compact cannot be completed in 5 years or less; (C) the Board approves an extension of the Compact that does not extend the total duration of the Compact beyond 7 years; and (D) the appropriate congressional committees are notified in accordance with subsection (i). . (b) Concurrent and subsequent compacts (1) In general Section 609(k) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7708(k) ) is amended to read as follows: (k) Concurrent and subsequent compacts (1) In general Subject to paragraph (2), and in accordance with the requirements of this title, an eligible country and the United States— (A) may enter into and have in effect more than one Compact at any given time; and (B) may enter into subsequent Compacts after the expiration of existing Compacts. (2) Requirements An eligible country and the United States may enter into concurrent or subsequent Compacts if the Board determines that such country— (A) is making or has made significant, consistent progress in implementing the terms of any existing or prior Compact; and (B) will contribute, in the case of a candidate country as defined in section 606(a), not less than 7.5 percent of the total amount agreed upon for a subsequent Compact, or in the case of a candidate country as defined in section 606(b), not less than 15 percent of the total amount agreed upon for a subsequent Compact. (3) Funding The Corporation shall commit any funding for a concurrent Compact at the time it funds the Compact. (4) Timing A concurrent Compact shall be signed not later than 2 years after the signing of the earlier Compact. (5) Limitation The Corporation may provide not more than 15 years of Compact funding to any country. . (2) Effective date The amendment made by paragraph (1) applies with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on, or after the date of the enactment of this Act. (c) Maintaining candidate status for purposes of income category Section 606 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7705 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the heading, by striking Fiscal year 2004 and inserting In general ; (ii) in the matter preceding subparagraph (A), by striking for fiscal year 2004 and inserting for a fiscal year ; (iii) in subparagraph (A) to read as follows: (A) the country— (i) has a per capita income that is not greater than the World Bank’s lower middle income country threshold for such fiscal year; and (ii) is among the 75 lowest per capita income countries, as identified by the World Bank; and ; and (iv) in subparagraph (B), by striking subject to paragraph (3) and inserting subject to paragraph (2) ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking for fiscal year 2006 or a subsequent fiscal year and inserting for a fiscal year ; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) has a per capita income that is not greater than the World Bank’s lower middle income country threshold for such fiscal year; (B) is not among the 75 lowest per capita income countries as identified by the World Bank; and (C) meets the requirements under subsection (a)(1)(B). ; and (B) in paragraph (2)— (i) by striking for fiscal year 2006 or any subsequent fiscal year and inserting for a fiscal year ; and (ii) by striking for fiscal year 2006 or the subsequent fiscal year, as the case may be and inserting for such fiscal year ; (3) by redesignating existing subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) Maintaining candidate status Any candidate country whose per capita income changes in a given fiscal year such that the country’s income classification as ‘low income’ or ‘lower middle income’ changes, shall retain its candidacy at the former income category for the year of such transition and for the two subsequent fiscal years. . (d) Chairperson Section 604(c)(5) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7703(c)(5) ) is amended by striking Secretary of State and inserting Administrator of the United States Agency for International Development . (e) Conforming amendments The Millennium Challenge Act of 2003 is amended— (1) in section 603(1)(A) ( 22 U.S.C. 7702(1)(A) ), by striking International Relations and inserting Foreign Affairs ; (2) in section 605(e)(4) ( 22 U.S.C. 7704(e)(4) )— (A) by striking The prohibitions on use of funds contained in paragraphs (1) through (3) of section 104(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)–(3)) and inserting The principles and restrictions on use of funds contained in section 1305 of the Global Partnerships Act of 2013 ; and (B) by striking part I and inserting title I ; (3) in section 606(a)(1)(B) ( 22 U.S.C. 7705(a)(1)(B) )— (A) by striking part I of the Foreign Assistance Act of 1961 and inserting title I of the Global Partnerships Act of 2013 ; and (B) by striking any provision of the Foreign Assistance Act of 1961 and inserting any provision of the Global Partnerships Act of 2013 ; and (4) in section 614(d) ( 22 U.S.C. 7713(d) ), by striking Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and inserting Global Partnerships Act of 2013 . 11103. Amendments to the Migration and Refugee Assistance Act of 1962 Section 2(c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(c) ) is amended— (1) in paragraph (1), by striking President and inserting Secretary of State ; and (2) in paragraph (2), by striking $100,000,000 and inserting $200,000,000 . 11104. Amendments to the Fulbright-Hays Act The Mutual Educational and Cultural Exchange Act of 1961 (commonly known as the Fulbright-Hays Act ) is amended— (1) in section 102(b)(3) ( 22 U.S.C. 2452(b)(3) ), by inserting , hospital centers for medical education and research, and other after operation of schools ; and (2) in section 112(a)(5) ( 22 U.S.C. 2460(a)(5) ) to read as follows: (5) the American Schools and Hospitals Abroad Program which provides financial assistance to the operations of American-sponsored schools, hospital centers for medical education and research, and other institutions of learning abroad; . 11105. Amendments to the State Department Basic Authorities Act of 1956 Section 1(f)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(f)(1)) is amended— (1) in the first sentence, by striking Department of State in the immediate office of the Secretary of State and inserting United States Agency for International Development ; and (2) in the second sentence, by striking Secretary and inserting Administrator of the United States Agency for International Development . B Repeals 11201. Repeal of laws incorporated in this Act The following provisions of law are hereby repealed: (1) The Foreign Assistance Act of 1961 ( Public Law 87–195 ). (2) The Arms Export Control Act ( Public Law 90–629 ). (3) Sections 664 and 665 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228). (4) Sections 2121 and 2122 of the ADVANCE Democracy Act of 2007 (title XXI of Public Law 110–53). 11202. Repeal of laws inconsistent with this Act The following provisions of law are hereby repealed: (1) Section 601 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101–179). (2) Section 102 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 ( Public Law 102–511 ). (3) The Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277). 11203. Repeal of obsolete provisions of law The following provisions of law are hereby repealed: (1) The Trafficking Victims Protection Reauthorization Act of 2003 ( Public Law 108–193 ). (2) The Torture Victims Relief Reauthorization Act of 2003 ( Public Law 108–179 ). (3) The HELP Commission Act (section 637 of division B of Public Law 108–99 ). (4) The International Anti-Corruption and Good Governance Act of 2000 ( Public Law 106–309 ). (5) The Iraq Liberation Act of 1998 ( Public Law 105–338 ). (6) The Agriculture Export Relief Act of 1998 ( Public Law 105–194 ). (7) Title I of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447). (8) The South African Democratic Transition Support Act of 1993 ( Public Law 103–149 ). (9) Public Law 102–270 (relating to the peace process in Liberia). (10) Title III of the Conventional Forces in Europe Treaty Implementation Act of 1991. (11) The Emergency Supplemental Persian Gulf Refugee Assistance Act of 1991 (Public Law 102–45). (12) The Emergency Supplemental Assistance for Israel Act of 1991 ( Public Law 102–21 ). (13) The Urgent Assistance for Democracy in Panama Act of 1990 ( Public Law 101–243 ). (14) The Survival Assistance to Victims of Civil Strife in Central America (Public Law 101–215). (15) The Bangladesh Disaster Assistance Act of 1988 ( Public Law 100–576 ). (16) The International Cooperation to Protect Biological Diversity ( Public Law 100–530 ). (17) The Overseas Private Investment Corporation Amendments Act of 1988 (Public Law 100–461). (18) The American Aid to Poland Act of 1988 (Part II of Public Law 100–418 ). (19) Public Law 100–276 (relating to peace, democracy and reconciliation in Central America). (20) The Special Foreign Assistance Act of 1986 ( Public Law 99–529 ). (21) The Jordan Supplemental Economic Assistance Authorization Act of 1985 (Public Law 99–88). (22) The African Famine Relief and Recovery Act of 1985 ( Public Law 99–8 ). (23) The International Security and Development Assistance Authorizations Act of 1983 (Public Law 98–151). (24) The Lebanon Emergency Assistance Act of 1983 ( Public Law 98–43 ). (25) The International Security and Development Cooperation Act of 1981 ( Public Law 97–113 ). (26) The International Security and Development Cooperation Act of 1980 ( Public Law 96–533 ), other than section 110 and title V of such Act. (27) The International Development Cooperation Act of 1979 ( Public Law 96–92 ). (28) The International Security Assistance Act of 1979 ( Public Law 96–53 ). (29) The Special International Security Assistance Act of 1979 ( Public Law 96–35 ). (30) The International Development and Food Assistance Act of 1978 ( Public Law 95–424 ). (31) The International Security Assistance Act of 1978 ( Public Law 95–384 ). (32) The International Security Assistance Act of 1977 ( Public Law 95–92 ). (33) The International Development and Food Assistance Act of 1977 ( Public Law 95–88 ), other than sections 1, 132, and 133 of such Act. (34) The International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ), except for section 601. (35) The International Development and Food Assistance Act of 1975 ( Public Law 94–161 ). (36) The Foreign Assistance Act of 1974 ( Public Law 93–559 ). (37) The Emergency Security Assistance Act of 1973 ( Public Law 93–199 ). (38) The Foreign Assistance Act of 1973 ( Public Law 93–189 ). (39) The Foreign Assistance Act of 1971 ( Public Law 92–226 ). (40) The Act entitled, An Act to Amend the Foreign Military Sales Act, and for other purposes, approved January 12, 1971 ( Public Law 91–672 ). (41) The Special Foreign Assistance Act of 1971 ( Public Law 91–652 ). (42) The Foreign Assistance Act of 1968 ( Public Law 90–554 ). (43) The Foreign Assistance Act of 1964 ( Public Law 88–633 ). (44) The Latin American Development Act ( Public Law 86–735 ). 11204. Repeal of unnecessary reporting requirements The following provisions of law are repealed: (1) Section 560(g) of Public Law 103–87 . (2) Section 104 of Public Law 102–511 . (3) Section 1012(c) of Public Law 103–337 . (4) Subsections (c)(4) and (c)(5) of section 601 of Public Law 96–465 . (5) Section 585 of division A of Public Law 104–208 . (6) Section 8 of Public Law 107–245 . (7) Section 807 of Public Law 98–164 . C Savings provisions 11301. References to former authorities (a) In general Effective beginning on the date of the enactment of this Act— (1) any reference to part I of the Foreign Assistance Act of 1961 shall be deemed to be a reference to title I of this Act; (2) any reference to section 104(f) of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 1305 of this Act; (3) any reference to section 104A, 104B, or 104C of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 301, 302, or 303, respectively, of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (as added by this Act); (4) any reference to section 109 or 610 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9602 of this Act; (5) any reference to section 116(a) or 502B of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9101 of this Act; (6) any reference to section 116(d) of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 3102 of this Act; (7) any reference to section 451 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9601 of this Act; (8) any reference to chapter 4 of part II of the Foreign Assistance Act of 1961 shall be deemed to be a reference to subtitle A of title IV of this Act; (9) any reference to section 614 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9603 of this Act; (10) any reference to section 620A of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9401 of this Act; (11) any reference to section 620H of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9402 of this Act; (12) any reference to section 620M of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 9102 of this Act; (13) any reference to section 632 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 10504 of this Act; (14) any reference to section 634 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 8302 of this Act; (15) any reference to section 634A of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 8401 of this Act; and (16) any reference to section 653 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to section 8303 of this Act. (b) United States Agency for International Development References in any provision of law to the Agency for International Development shall be deemed to be a reference to the United States Agency for International Development . 11302. Repeal of provisions amending other laws Except as otherwise provided in this Act, the repeal by this Act of any provision of law that amended or repealed another provision of law does not affect in any way that amendment or repeal. 11303. Savings provisions (a) In general Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this Act shall continue in full force and effect until modified by appropriate authority. (b) Conditions Wherever provisions of this Act establish conditions which must be complied with before use may be made of authority contained in, or funds made available to carry out the provisions of, this Act, compliance with, or satisfaction of, substantially similar conditions under provisions repealed by this Act shall be deemed to constitute compliance with the conditions established by this Act. (c) Availability of funds Funds made available pursuant to provisions of law repealed by this Act shall, unless otherwise authorized or provided by law, remain available for their original purposes in accordance with the provisions of law originally applicable thereto, or in accordance with the provisions of law currently applicable to those purposes. (d) References References in law to provisions repealed by this Act may hereafter be deemed to be references to corresponding provisions of this Act, on a case-by-case basis as may be appropriate. (e) Certain presidential appointees The repeal by this Act of any provision of the Foreign Assistance Act of 1961 providing for the appointment of an individual to a position by the President, by and with the advice and consent of the Senate, and the reenactment by this Act of that provision in substantively identical form does not require the reappointment of the individual holding that position on the effective date of this Act. (f) Guarantees and loans under former authority Guarantees committed or outstanding under the former authorities of sections 108, 222, and 222A of the Foreign Assistance Act of 1961, as in effect on the day before the date of the enactment of this Act, loans obligated under section 108 on or before such date, the fees and interest collected in connection with such guarantees and loans, and income on claims receivable with respect to such guarantees and loans, shall continue to be subject to provisions of such Act originally applicable to those guarantees and loans and the Federal Credit Reform Act of 1990. (g) Severability If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the validity of the remainder of this Act, and of the applicability of such provision to other persons or circumstances, shall not be affected thereby. 11304. Effective date This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1793ih/xml/BILLS-113hr1793ih.xml |
113-hr-1794 | I 113th CONGRESS 1st Session H. R. 1794 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Crowley introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Emergency Food Assistance Act of 1983 to provide for the increased purchase of Kosher and Halal food and to modify the labeling of the commodities list under the emergency food assistance program to enable Kosher and Halal food bank operators to identify which commodities to obtain from local food banks.
1. Short title This Act may be cited as the Halal and Kosher Food Act of 2013 . 2. Purchase of Halal and Kosher food for emergency food assistance program Section 202 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7502) is amended by adding at the end the following: (h) Kosher and Halal food As soon as practicable after the date of enactment of this subsection, the Secretary shall finalize and implement a plan— (1) to increase the purchase of Kosher and Halal food from food manufacturers with a Kosher or Halal certification to carry out the program established under this Act if the Kosher and Halal food purchased is cost neutral as compared to food that is not from food manufacturers with a Kosher or Halal certification; and (2) to modify the labeling of the commodities list used to carry out the program in a manner that enables Kosher and Halal food bank operators to identify which commodities to obtain from local food banks. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1794ih/xml/BILLS-113hr1794ih.xml |
113-hr-1795 | I 113th CONGRESS 1st Session H. R. 1795 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Rodney Davis of Illinois (for himself and Mr. Schiff ) 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 repeal the Government pension offset and windfall elimination provisions.
1. Short title This Act may be cited as the Social Security Fairness Act of 2013 . 2. Repeal of government pension offset provision (a) In general Section 202(k) of the Social Security Act ( 42 U.S.C. 402(k) ) is amended by striking paragraph (5). (b) Conforming amendments (1) Section 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q) . (2) Section 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q) . (3) Section 202(e)(2)(A) of such Act ( 42 U.S.C. 402(e)(2)(A) ) is amended by striking subsection (k)(5), subsection (q), and inserting subsection (q) . (4) Section 202(f)(2)(A) of such Act ( 42 U.S.C. 402(f)(2)(A) ) is amended by striking subsection (k)(5), subsection (q) and inserting subsection (q) . 3. Repeal of windfall elimination provisions (a) In general Section 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (1) in subsection (a), by striking paragraph (7); (2) in subsection (d), by striking paragraph (3); and (3) in subsection (f), by striking paragraph (9). (b) Conforming amendments Subsections (e)(2) and (f)(2) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended by striking section 215(f)(5), 215(f)(6), or 215(f)(9)(B) in subparagraphs (C) and (D)(i) and inserting paragraph (5) or (6) of section 215(f) . 4. Effective date The amendments made by this Act shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act for months after December 2013. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3. | https://www.govinfo.gov/content/pkg/BILLS-113hr1795ih/xml/BILLS-113hr1795ih.xml |
113-hr-1796 | I 113th CONGRESS 1st Session H. R. 1796 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Ms. Duckworth (for herself, Mr. Hunter , Mr. Takano , Mr. Bilirakis , Mr. Brady of Pennsylvania , Mr. Rahall , Mr. Maffei , Mr. Gallego , Mr. Garamendi , Ms. Schakowsky , Ms. Brownley of California , Mr. Foster , Mrs. Capps , Mr. Enyart , Mr. Scott of Virginia , Ms. Shea-Porter , Mr. Jones , Mr. Castro of Texas , Ms. Esty , Ms. Gabbard , Mr. Hinojosa , Mr. Harper , Ms. Sinema , Ms. Kuster , Mr. Johnson of Ohio , Mrs. Bustos , Mr. Honda , and Mr. Barber ) 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 ensure that the education and training provided members of the Armed Forces and veterans better assists members and veterans in obtaining civilian certifications and licenses, and for other purposes.
1. Short title This Act may be cited as the Troop Talent Act of 2013 . 2. Findings Congress makes the following findings: (1) According to the Bureau of Labor Statistics, the unemployment rate for recent veterans of military operations in Iraq and Afghanistan was 9.4 percent in February 2013, compared with 7.6 percent in February 2012. (2) With the unemployment rate among such veterans higher than the national average and the number of veterans receiving unemployment benefits doubling since 2002, there is a significant need to assist members of the Armed Forces as they transition to the civilian workforce. (3) In order to remain competitive in the civilian employment market, members of the Armed Forces and veterans require information about how their military skill sets translate to the requirements of the civilian workforce. Members of the Armed Forces currently receive insufficient or inadequate information during their training for military occupational specialties on translating skills obtained during such training to civilian occupations and credentials. (4) In addition, there is a need for enhanced access by accredited credentialing agencies to military training curricula in order to facilitate and enhance the correlation between military training and applicable civilian credentialing courses and exams. (5) The information technology sector is one of the fastest growing industries, with tremendous job growth and demand for talented, qualified individuals. The information technology sector has an unemployment rate of 3.5 percent according to a Bureau of Labor Statistics report from February 2013. (6) The Bureau of Labor Statistics projects a need for 110,000 computer support specialists over the next decade. Currently, the size of the information technology workforce in the Armed Forces is about 160,000 members. 3. Enhancement of mechanisms to correlate skills and training for military occupational specialties with skills and training required for civilian certifications and licenses (a) Improvement of information available to members of the Armed Forces about correlation (1) In general The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members— (A) to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and (B) to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses. (2) Coordination with Transition Goals Plans Success program Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program. (3) Types of information The information made available under paragraph (1) shall include, but not be limited to, the following: (A) Information on the civilian occupational equivalents of military occupational specialties (MOS). (B) Information on civilian license or certification requirements, including examination requirements. (C) Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities. (4) Use and adaptation of certain programs In making information available under paragraph (1), the Secretaries of the military departments may use and adapt appropriate portions of the Credentialing Opportunities On-Line (COOL) programs of the Army and the Navy and the Credentialing and Educational Research Tool (CERT) of the Air Force. (b) Improvement of access of accredited civilian credentialing agencies to military training content (1) In general The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security requirements, make available to accredited civilian credentialing agencies that issue certifications or licenses, upon request of such agencies, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed. (2) Central repository The actions taken pursuant to paragraph (1) may include the establishment of a central repository of information on training and training materials provided members in connection with military occupational specialties that is readily accessible by accredited civilian credentialing agencies described in that paragraph in order to meet requests described in that paragraph. 4. Use of educational assistance for courses in pursuit of civilian certifications or licenses (a) Courses under Department of Defense educational assistance authorities (1) In general Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section: 2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses (a) Limitation on use of assistance In the case of a member of the armed forces who is enrolled in an educational institution in a State for purposes of obtaining employment in an occupation or profession requiring the approval or licensure of a board or agency of that State, educational assistance specified in subsection (b) may be used by the member for a course offered by the educational institution that is a required element of the curriculum to be satisfied to obtain employment in that occupation or profession only if— (1) the successful completion of the curriculum fully qualifies a student to— (A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and (B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and (2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program. (b) Covered educational assistance The educational assistance specified in this subsection is educational assistance as follows: (1) Educational assistance for members of the armed forces under section 2007 and 2015 of this title. (2) Educational assistance for persons enlisting for active duty under chapter 106A of this title. (3) Educational assistance for members of the armed forces held as captives under section 2183 of this title. (4) Educational assistance for members of the Selected Reserve under chapter 1606 of this title. (5) Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title. (6) Such other educational assistance provided members of the armed forces under the laws administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section. . (2) Clerical amendment The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2015 the following new item: 2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses. . (b) Courses under educational assistance authorities administered by Secretary of Veterans Affairs Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) A course offered by an educational institution in a State that is a required element of the curriculum to be satisfied to obtain employment in an occupation or profession requiring the approval or licensure of a board or agency of that State may be treated as approved for purposes of this chapter by an individual seeking to obtain employment in that occupation or profession only if— (1) the successful completion of the curriculum fully qualifies a student to— (A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and (B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and (2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program. . (c) Effective date The amendments made by this section shall take effect on August 1, 2014, and shall apply with respect to courses pursued on or after that date. 5. Coverage of military occupational specialties relating to military information technology under pilot program on receipt of civilian credentials for skills required for military occupational specialties The military occupational specialties designated for purposes of the pilot program on receipt of civilian credentials for skills required for military occupational specialties under section 558 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015 note) shall include military occupational specialties relating to the military information technology workforce. 6. Revival of Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs (a) In general The Secretary of Veterans Affairs shall reestablish the Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs provided for under section 3689(e) of title 38, United States Code. The Committee shall be reestablished in accordance with the provisions of such section 3689(e), as amended by subsection (b), and shall carry out its duties in conformance with, and subject to the requirements of such section, as so amended. (b) Modification of authorities and requirements Section 3689(e) of title 38, United States Code, is amended— (1) in paragraph (2)— (A) by inserting (A) after (2) ; and (B) by adding at the end the following new subparagraph: (B) In addition to the duties under subparagraph (A), the Committee shall— (i) develop, in coordination with other appropriate agencies, guidance to be used by the Department or other entities to perform periodic audits of licensure and certification programs to ensure the highest quality education is available to veterans and members of the Armed Forces; and (ii) develop, in coordination with the Department of Defense, appropriate certification agencies, and other appropriate non-profit organizations, a plan to improve outreach to veterans and members of the Armed Forces on the importance of licensing and certification, as well as educational benefits available to them. ; (2) in paragraph (3)(B), by striking and the Secretary of Defense and inserting the Secretary of Defense, and the Secretary of Education ; (3) in paragraph (4), by striking subparagraph (B) and inserting the following new subparagraph: (B) The Committee shall meet with such frequency as the Committee determines appropriate. ; and (4) in paragraph (5), by striking December 31, 2006 and inserting December 31, 2019 . (c) Report Not later than 180 days after the date of the reestablishment of the Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs pursuant to this section, the Committee shall submit to Congress a report setting forth an assessment of the feasibility and advisability of permitting members of the Armed Forces to use educational assistance to which they are entitled under chapters 30 and 33 of title 38, United States Code, to obtain or pursue civilian employment certifications or licenses without the use of such assistance for that purpose being charged against the entitlement of such members to such educational assistance. | https://www.govinfo.gov/content/pkg/BILLS-113hr1796ih/xml/BILLS-113hr1796ih.xml |
113-hr-1797 | I 113th CONGRESS 1st Session H. R. 1797 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Franks of Arizona (for himself, Mr. Smith of New Jersey , Mr. Scalise , Mr. Gosar , Mr. Schweikert , Mr. Salmon , Mr. Jones , Mr. Conaway , Mr. Crawford , Mr. Nunnelee , Mr. Cramer , Mr. King of Iowa , Mr. Fleming , Mr. Garrett , Mr. Roe of Tennessee , Mr. Carter , Mr. Neugebauer , Mrs. Roby , Mr. Cole , Mr. Huizenga of Michigan , Mr. Harper , Mr. Massie , Mr. Pearce , Mrs. Blackburn , Mr. Boustany , Mrs. Hartzler , Mr. Bridenstine , Mr. Kingston , Mr. Guthrie , Mr. Holding , Mr. Griffin of Arkansas , Mr. Rogers of Alabama , Mr. Aderholt , Mr. Amash , Mr. Buchanan , Mr. Duncan of South Carolina , Mr. Simpson , Mr. Marino , Mr. Cassidy , Mr. Brady of Texas , Mr. Duncan of Tennessee , Mr. Gowdy , Mr. Bachus , Mr. Latta , Mrs. Black , Mrs. Noem , Ms. Ros-Lehtinen , Mr. Young of Indiana , Mr. Pompeo , Mr. Stockman , Mr. Wilson of South Carolina , Mr. Alexander , Mr. Huelskamp , Mr. Shuster , Mr. Stivers , Mr. Barr , Mr. Gohmert , Mr. Fincher , Mr. Mullin , Mr. Broun of Georgia , Mr. Lipinski , Mr. Benishek , Mr. Ross , Mr. Tiberi , Mr. Westmoreland , Mr. Rothfus , Mr. Palazzo , Mr. Long , Mr. Bonner , Mr. Pitts , Mr. Price of Georgia , Mr. McKinley , Mr. Calvert , Mr. Jordan , Mr. Walberg , Mr. Stewart , Mr. Yoder , Mr. Hultgren , Mr. Lankford , Mr. Olson , Mr. Smith of Nebraska , Mr. DeSantis , Mr. Meadows , Mr. Rokita , Mr. Hall , Mr. Nugent , Mr. Mulvaney , Mr. Miller of Florida , Mrs. Wagner , Mr. Rodney Davis of Illinois , Mr. Johnson of Ohio , Mr. Fortenberry , Mr. Schock , and Mr. Posey ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to protect pain-capable unborn children in the District of Columbia, and for other purposes.
1. Short title This Act may be cited as the District of Columbia Pain-Capable Unborn Child Protection Act . 2. Legislative findings Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks after fertilization. (2) By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response. (4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. (14) The District Council of the District of Columbia, operating under authority delegated by Congress, repealed the entire District law limiting abortions, effective April 29, 2004, so that in the District of Columbia, abortion is now legal, for any reason, until the moment of birth. (15) Article I, section 8 of the Constitution of the United States of America provides that the Congress shall exercise exclusive Legislation in all Cases whatsoever over the District established as the seat of government of the United States, now known as the District of Columbia. The constitutional responsibility for the protection of pain-capable unborn children within the Federal District resides with the Congress. 3. District of Columbia pain-capable unborn child protection (a) In general Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: 1532. District of Columbia pain-capable unborn child protection (a) Unlawful conduct Notwithstanding any other provision of law, including any legislation of the District of Columbia under authority delegated by Congress, it shall be unlawful for any person to perform an abortion within the District of Columbia, or attempt to do so, unless in conformity with the requirements set forth in subsection (b). (b) Requirements for abortions (1) The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age. (2) (A) Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. (B) Subject to subparagraph (C), subparagraph (A) does not apply if, in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. (C) Notwithstanding the definitions of abortion and attempt an abortion in this section, a physician terminating or attempting to terminate a pregnancy under the exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of— (i) the death of the pregnant woman; or (ii) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman; than would other available methods. (c) Criminal penalty Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 2 years, or both. (d) Bar to prosecution A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 based on such a violation. (e) Civil remedies (1) Civil action by woman on whom the abortion is performed A woman upon whom an abortion has been performed or attempted in violation of subsection (a), may in a civil action against any person who engaged in the violation obtain appropriate relief. (2) Civil action by relatives The father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may in a civil action against any person who engaged in the violation, obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. (3) Appropriate relief Appropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation of this section; (B) statutory damages equal to three times the cost of the abortion; and (C) punitive damages. (4) Injunctive relief (A) In general A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. (B) Definition In this paragraph the term qualified plaintiff means— (i) a woman upon whom an abortion is performed or attempted in violation of this section; (ii) any person who is the spouse, parent, sibling or guardian of, or a current or former licensed health care provider of, that woman; or (iii) the United States Attorney for the District of Columbia. (5) Attorneys fees for plaintiff The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (6) Attorneys fees for defendant If a defendant in a civil action under this section prevails and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney’s fee in favor of the defendant against the plaintiff. (7) Awards against woman Except under paragraph (6), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. (f) Protection of Privacy in Court Proceedings (1) In general Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. (2) Orders to parties, witnesses, and counsel The court shall issue appropriate orders under paragraph (1) to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. (3) Pseudonym required In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under paragraphs (1), (2), or (4) of subsection (e) shall do so under a pseudonym. (4) Limitation This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. (g) Reporting (1) Duty to report Any physician who performs or attempts an abortion within the District of Columbia shall report that abortion to the relevant District of Columbia health agency (hereinafter in this section referred to as the health agency ) on a schedule and in accordance with forms and regulations prescribed by the health agency. (2) Contents of report The report shall include the following: (A) Post-fertilization age For the determination of probable postfertilization age of the unborn child, whether ultrasound was employed in making the determination, and the week of probable post-fertilization age that was determined. (B) Method of abortion Which of the following methods or combination of methods was employed: (i) Dilation, dismemberment, and evacuation of fetal parts also known as dilation and evacuation . (ii) Intra-amniotic instillation of saline, urea, or other substance (specify substance) to kill the unborn child, followed by induction of labor. (iii) Intracardiac or other intra-fetal injection of digoxin, potassium chloride, or other substance (specify substance) intended to kill the unborn child, followed by induction of labor. (iv) Partial-birth abortion, as defined in section 1531. (v) Manual vacuum aspiration without other methods. (vi) Electrical vacuum aspiration without other methods. (vii) Abortion induced by use of mifepristone in combination with misoprostol. (viii) If none of the methods described in the other clauses of this subparagraph was employed, whatever method was employed. (C) Age of woman The age or approximate age of the pregnant woman. (D) Compliance with requirements for exception The facts relied upon and the basis for any determinations required to establish compliance with the requirements for the exception provided by subsection (b)(2). (3) Exclusions from reports (A) A report required under this subsection shall not contain the name or the address of the woman whose pregnancy was terminated, nor shall the report contain any other information identifying the woman. (B) Such report shall contain a unique Medical Record Number, to enable matching the report to the woman’s medical records. (C) Such reports shall be maintained in strict confidence by the health agency, shall not be available for public inspection, and shall not be made available except— (i) to the United States Attorney for the District of Columbia or that Attorney’s delegate for a criminal investigation or a civil investigation of conduct that may violate this section; or (ii) pursuant to court order in an action under subsection (e). (4) Public report Not later than June 30 of each year beginning after the date of enactment of this paragraph, the health agency shall issue a public report providing statistics for the previous calendar year compiled from all of the reports made to the health agency under this subsection for that year for each of the items listed in paragraph (2). The report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The health agency shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. (5) Failure to submit report (A) Late fee Any physician who fails to submit a report not later than 30 days after the date that report is due shall be subject to a late fee of $1,000 for each additional 30-day period or portion of a 30-day period the report is overdue. (B) Court order to comply A court of competent jurisdiction may, in a civil action commenced by the health agency, direct any physician whose report under this subsection is still not filed as required, or is incomplete, more than 180 days after the date the report was due, to comply with the requirements of this section under penalty of civil contempt. (C) Disciplinary action Intentional or reckless failure by any physician to comply with any requirement of this subsection, other than late filing of a report, constitutes sufficient cause for any disciplinary sanction which the Health Professional Licensing Administration of the District of Columbia determines is appropriate, including suspension or revocation of any license granted by the Administration. (6) Forms and regulations Not later than 90 days after the date of the enactment of this section, the health agency shall prescribe forms and regulations to assist in compliance with this subsection. (7) Effective date of requirement Paragraph (1) of this subsection takes effect with respect to all abortions performed on and after the first day of the first calendar month beginning after the effective date of such forms and regulations. (h) Definitions In this section the following definitions apply: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child. (2) Attempt an abortion The term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion in the District of Columbia. (3) Fertilization The term fertilization means the fusion of human spermatozoon with a human ovum. (4) Health agency The term health agency means the Department of Health of the District of Columbia or any successor agency responsible for the regulation of medical practice. (5) Perform The term perform , with respect to an abortion, includes induce an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Physician The term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise licensed to legally perform an abortion. (7) Post-fertilization age The term post-fertilization age means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. (8) Probable post-fertilization age of the unborn child The term probable post-fertilization age of the unborn child means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced. (9) Reasonable medical judgment The term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (10) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1. (11) Unemancipated minor The term unemancipated minor means a minor who is subject to the control, authority, and supervision of a parent or guardian, as determined under the law of the State in which the minor resides. (12) Woman The term woman means a female human being whether or not she has reached the age of majority. . (b) Clerical amendment The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: 1532. District of Columbia pain-capable unborn child protection. . (c) Chapter heading amendments (1) Chapter heading in chapter The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions . (2) Table of chapters for part I The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions . | https://www.govinfo.gov/content/pkg/BILLS-113hr1797ih/xml/BILLS-113hr1797ih.xml |
113-hr-1798 | I 113th CONGRESS 1st Session H. R. 1798 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Gosar (for himself, Mr. Simpson , Mr. Andrews , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Employee Retirement Income Security Act of 1974 to ensure health care coverage value and transparency for dental benefits under group health plans.
1. Short title This Act may be cited as the Dental Insurance Fairness Act of 2013 . 2. Findings Congress finds the following: (1) Dental coverage helps approximately 173 million Americans get the dental care that is vital to ensuring good oral and overall health. (2) Unfair practices of dental benefit plans hinder patients’ ability to receive the full benefits for which they pay and, in some cases, provide the dental insurance industry with windfall profits. (3) The Dental Insurance Fairness Act of 2013 will help consumers receive the full value of their dental coverage. 3. Value requirements for dental benefits 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. Value requirements for dental benefits (a) In general The requirements of this section shall apply to self-insured group health plans insofar as they provide dental benefits (including, notwithstanding section 732(c)(1), self-insured limited scope dental benefits (described in section 733(c)(2))). (b) Value In order to ensure that participants and beneficiaries in a group health plan receive full value from dental benefits, the plan shall meet the following requirements: (1) Uniform coordination of benefits The plan shall provide for coordination of benefits in a manner so that the plan pays the same amount regardless of other coverage for such benefits so long as the total amount paid does not exceed 100 percent of the amount of the applicable claim. Such coordination shall be effected consistent with such rules as the Secretary establishes, based upon similar model regulations developed by the National Association of Insurance commissioners. (2) Equity for dental patients through assignment of benefits In the case of a plan that provides dental benefits through a network of providers, the plan shall permit a participant or beneficiary to designate payment of dental benefits to a provider who is not participating in the network. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1798ih/xml/BILLS-113hr1798ih.xml |
113-hr-1799 | I 113th CONGRESS 1st Session H. R. 1799 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain public lands in the Sonoran Desert of the State of Arizona as national conservation areas and wilderness areas, and for other purposes.
1. Short title; Table of contents (a) Short title This Act may be cited as the Arizona Sonoran Desert Heritage Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; Table of contents. Sec. 2. Definitions. Sec. 3. Belmont-Harquahala and Gila Bend National Conservation Areas. Sec. 4. Designation of wilderness areas. Sec. 5. Special management areas. Sec. 6. Maps and legal descriptions. Sec. 7. Management of national conservation areas, wilderness areas, and special management areas. Sec. 8. Acquisition of land. Sec. 9. Border security. Sec. 10. Water rights. 2. Definitions In this Act: (1) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians. (2) Management plan The term management plan means the management plan developed under section 3 for each national conservation area and section 5 for each special management area. (3) National conservation areas The term National Conservation Areas means the Belmont-Harquahala National Conservation Area and the Gila Bend National Conservation Area established by section 3. (4) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (5) Secretary The term Secretary means the Secretary of the Interior. (6) Special management areas The term Special Management Areas means the Sentinel Plain Special Management Area and the Rainbow Valley Special Management Area established by section 5. (7) State The term State means the State of Arizona. (8) Wilderness areas The term Wilderness Areas means the wilderness areas designated by section 4. 3. Belmont-Harquahala and Gila Bend National Conservation Areas (a) Establishment There are established in the State: (1) Belmont-harquahala national conservation area The Belmont-Harquahala National Conservation Area, consisting of approximately 276,100 acres, as generally depicted on the map entitled Belmont-Harquahala National Conservation Area and dated ___ 2013 . (2) Gila bend national conservation area The Gila Bend National Conservation Area, consisting of approximately 406,298 acres, as generally depicted on the map entitled Gila Bend Mountains National Conservation Area and dated ____ 2013 . (b) Purpose The purpose of the National Conservation Areas is to conserve, and thereby to protect, restore, and enhance for the benefit and enjoyment of present and future generations the unique and important resources and values of the land, including the ecological, geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land. (c) Administration of national conservation areas (1) In general The Secretary shall manage the National Conservation Areas— (A) as components of the National Landscape Conservation System; (B) in a manner that conserves, and thereby protects, and enhances the resources and values of the National Conservation Areas described in subsection (b); and (C) in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (ii) this Act; and (iii) any other applicable laws. (2) Management plans (A) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of each of the National Conservation Areas. (B) Purposes Each management plan shall— (i) describe the appropriate management and uses of the National Conservation Areas consistent with the conservation purpose as specified in subsection (b) and (c); (ii) be developed with extensive public input; and (iii) take into consideration any information developed in studies of the land within the National Conservation Areas. (3) Uses (A) In general The Secretary shall allow only such uses of the National Conservation Areas as the Secretary determines would further the conservation purpose for which the National Conservation Areas are established. (B) Use of motorized vehicles (i) In general Except as provided in clauses (ii) and (iii), use of motorized vehicles in the National Conservation Areas shall be allowed only— (I) before the effective date of each management plan prepared pursuant to paragraph (2), on roads and trails designated for use of motorized vehicles in the management plan that applies on the date of the enactment of this Act; and (II) after the effective date of each management plan prepared pursuant to paragraph (2), on roads and trails designated for use of motorized vehicles in that management plan. (ii) Administrative and emergency response use Clause (i) shall not limit the use of motor vehicles in the National Conservation Areas for administrative purposes or to respond to an emergency. (iii) Limitation This subparagraph shall not apply to the Wilderness Areas. (C) New roads No additional road shall be built within the National Conservation Areas after the date of enactment of this Act unless the road is identified in the Management Plans as necessary for public safety or resource protection. 4. Designation of wilderness areas (a) In general In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Hummingbird springs wilderness additions Certain public land in Maricopa County, Arizona, consisting of approximately 17,000 acres, as generally depicted on the map entitled Hummingbird Springs Wilderness Additions and dated ____ 2013 , which is incorporated in, and shall be considered to be a part of, the Hummingbird Springs Wilderness, as designated by section 101(a)(12) of the Arizona Desert Wilderness Act of 1990 ( 16 U.S.C. 1132 note 460ddd; 104 Stat. 4469). (2) Woolsey peak wilderness additions Certain public land in Maricopa County, Arizona, consisting of approximately 33,523 acres, as generally depicted on the map entitled Woolsey Peak Wilderness Additions and dated ____ 2013 , which is incorporated in, and shall be considered to be a part of, the Woolsey Peak Wilderness, as designated by section 101(a)(15) of the Arizona Desert Wilderness Act of 1990 ( 16 U.S.C. 1132 note 460ddd; 104 Stat. 4469). (3) Belmont mountains wilderness Certain public land in Maricopa County, Arizona, comprising approximately 19,000 acres, as generally depicted on the map entitled Belmont Mountains Wilderness and dated _____2013 , which shall be known as the Belmont Mountains Wilderness . (4) Saddle mountain centennial wilderness Certain public land in Maricopa County, Arizona, comprising approximately 24,200 acres, as generally depicted on the map entitled Saddle Mountain Centennial Wilderness and dated ____ 2013 , which shall be known as the Saddle Mountain Centennial Wilderness . (5) Gila bend wilderness Certain public land in Maricopa County, Arizona, comprising approximately 68,800 acres, as generally depicted on the map entitled Gila Bend Wilderness and dated ____ 2013 , which shall be known as the Gila Bend Wilderness . (6) Sonoran desert national monument wilderness Certain public land in Maricopa County, Arizona, within the Sonoran Desert National Monument, comprising approximately 128,300 acres, as generally depicted on the map entitled Sonoran Desert National Monument Wilderness and dated ____ 2013 , which shall be known as the Sonoran Desert National Monument Wilderness . (b) Administration of wilderness Subject to valid existing rights, the Wilderness Areas designated by this Act shall be managed by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this Act, except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. 5. Special management areas (a) Establishment There are established in the State: (1) Sentinel plain special management area (A) The Sentinel Plain Special Management Area, consisting of approximately 120,600 acres, as generally depicted on the map entitled Sentinel Plain Special Management Area and dated _____ 2013 . (B) Purpose The purpose of the Sentinel Plain Special Management Area is to ensure ecological connectivity and movement of wildlife between the Barry M. Goldwater Air Force Range and the Gila Bend National Conservation Area; to secure native habitat for native species; and to provide recreation and development opportunities that are compatible with native species and with Department of Defense activities related to the Barry M. Goldwater Air Force Range. (2) Rainbow valley special management area (A) The Rainbow Valley Special Management Area, consisting of approximately 23,400 acres, as generally depicted on the map entitled Rainbow Valley Special Management Area and dated ____ 2013 . (B) Purpose The purpose of the Rainbow Valley Special Management Area is to ensure ecological connectivity and movement of wildlife between the Sierra Estrella Mountains and the Sonoran Desert National Monument. (b) Management plans (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop for each of the Special Management Area a comprehensive management plan for the long-term protection and management of that area. (2) Purposes Each management plan shall— (A) describe the appropriate uses and management of each special management area consistent with the conservation purpose as specified in section 5(a); (B) be drafted with consultation from local, regional, and state jurisdictions; (C) be developed with extensive public input; (D) take into consideration any information developed in studies and plans for the land within each special management area; (E) shall consider cooperative management alternatives between the Bureau of Land Management and local, regional, and state jurisdictions that further the purposes outlined in section 5(a); and (F) for the purposes of ensuring ecological connectivity and movement of wildlife through the Rainbow Valley and Sentinel Plain Special Management Areas, the management plans shall— (i) prioritize landscape permeability, wildlife connectivity and continued movement of wildlife between the Sierra Estrella Mountains and the Sonoran Desert National Monument across Rainbow Valley, and between the Barry M. Goldwater Air Force Range and the Gila Bend National Conservation Area across Sentinel Plain, respectively; (ii) identify the means to maintain permeability, connectivity and wildlife movement in the area including, but not limited to, wildlife crossing structures and other infrastructure improvements and the criteria to implement such alternatives; (iii) incorporate current scientific knowledge of wildlife movement for a variety of identified focal species; and (iv) establish a monitoring program to determine the effectiveness of the plan for wildlife connectivity. 6. Maps and legal descriptions (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the National Conservation Areas, the Wilderness Areas, and the Special Management Areas with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The maps and legal descriptions filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and legal descriptions. (c) Public availability The maps and legal descriptions filed under subsection (a) shall be available for public inspection in— (1) the Office of the Director of the Bureau of Land Management; and (2) the appropriate office of the Bureau of Land Management in the State. 7. Management of national conservation areas, wilderness areas, and special management areas (a) Military use Nothing in this Act restricts or precludes— (1) overflights of military aircraft over the National Conservation Areas, Wilderness Areas, or Special Management Areas designated by this Act including military overflights that can be seen or heard within the areas; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Conservation Areas, Wilderness Areas, or Special Management Areas. (b) Hunting, fish and wildlife (1) Hunting Nothing in this section or the Wilderness Act ( 16 U.S.C. 1131 et seq. ) shall affect hunting, under applicable State and Federal laws and regulations, within a covered wilderness area. (2) Jurisdiction As provided in section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this section or the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife in the State. (3) Wildlife management Management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within a covered wilderness area, where consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and other applicable laws. (4) Cooperative agreement The Secretary shall enter into a cooperative agreement with the State of Arizona for management of fish and wildlife within a covered wilderness area. The cooperative agreement shall specify the terms and conditions under which the State or a designee of the State may use wildlife management activities in a covered wilderness area consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and other applicable laws. (c) Livestock grazing (1) Grazing in national conservation areas or special management areas Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the National Conservation Areas or Special Management Areas in accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other land under the jurisdiction of the Bureau of Land Management. (2) Grazing in wilderness areas The grazing of livestock in a wilderness area designated by this Act, if established as of the date of enactment of this Act, shall be permitted to continue— (A) subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and (B) in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (d) Access to private lands The Secretary shall provide any owner of private property— (1) within the boundary of a national conservation area or special management area designated by this Act adequate access to the property; and (2) within the boundary of a wilderness area designated by this Act adequate access to the property in accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)). (e) Valid existing rights The designation of the National Conservation Areas, Wilderness Areas, and Special Management Areas is subject to valid rights in existence on the date of enactment of this Act. (f) Withdrawal Subject to valid existing rights, all public land within the National Conservation Areas, Wilderness Areas, and Special Management Areas, and all land and interests in land acquired by the United States within the National Conservation Areas, Wilderness Areas, or Special Management Areas is withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) right-of-way, leasing, or disposition under all laws relating to— (A) minerals; or (B) solar, wind, and geothermal energy. (g) No buffer zones (1) In general Nothing in this subtitle creates a protective perimeter or buffer zone around the National Conservation Areas, Wilderness Areas, or Special Management Areas. (2) Activities outside national conservation areas, wilderness areas, and special management areas The fact that an activity or use on land outside a National Conservation Area, Wilderness Area, or Special Management Area can be seen or heard within the area shall not preclude the activity or use outside the boundary of the areas. (h) Fire, insects, and diseases Subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases— (1) in the Wilderness Areas, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (2) except as provided in paragraph (1), in the National Conservation Areas and Special Management Areas in accordance with this Act and any other applicable laws. (i) Invasive species and noxious weeds In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Areas and Special Management Areas. (j) Native American uses and interests To the extent practicable, the Secretary shall ensure access to the National Conservation Areas, Wilderness Areas, and Special Management Areas by members of an Indian tribe for traditional cultural purposes, including spiritual or food-gathering activities. In implementing this paragraph, the Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific portions of a national conservation area, wilderness area, or special management area in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 ), commonly referred to as the American Indian Religious Freedom Act. (k) Utility rights-of-Way Nothing in this Act precludes the Secretary from renewing an existing utility right-of-way through a national conservation area or special management area in a manner that minimizes harm to the purposes of the national conservation area or special management area described in subsection (b) and section 5(a)— (1) in accordance with— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) any other applicable law; and (2) subject to such terms and conditions as the Secretary determines to be appropriate. (l) Maintenance of existing communications facilities The provisions of this Act shall not be construed to prevent— (1) the maintenance of communications facilities, in existence on the date of the enactment of this Act and located in a national conservation area; or (2) limited motorized access to such facilities when non-motorized access means are not reasonably available or when time is of the essence, subject to such conditions as the Secretary considers to be desirable. (m) Maintenance of agua caliente road In preparing resource management and travel management plans for the Lower Sonoran Field Office, the Secretary shall provide for protection of the existing, low-standard (BLM Maintenance Level 3) Agua Caliente which provides access to the wilderness and high conservation value lands designated by this Act, and shall assure that the wilderness environment and atmosphere enjoyed by users of this road, which Congress finds is well-matched to the rugged and wild character of the wilderness beyond the roadside, is not degraded by incompatible development within the road corridor or by improvement of the road itself other than as he determines necessary for public safety. 8. Acquisition of land (a) In general The Secretary may acquire non-public land within the boundaries of the National Conservation Areas, the Wilderness Areas, or the Special Management Areas established by this Act only through exchange, donation, or purchase from a willing seller. (b) Management Land acquired under this section shall— (1) become part of the National Conservation Areas, the Wilderness Areas, or the Special Management Areas involved; and (2) be managed in accordance with this Act and any other applicable laws. 9. Border security Nothing in this Act— (1) prevents the Secretary of Homeland Security from undertaking law enforcement and border security activities— (A) in the National Conservation Areas and Special Management Areas outside the Wilderness Areas, or (B) in accordance with section 4(c) of the Wilderness Act ( 16 U.S.C. 1133(c) ), within the Wilderness Areas, including the ability to use motorized access within a Wilderness Area while in pursuit of a suspect; (2) affects the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on public land along the borders of the United States; or (3) prevents the Secretary of Homeland Security from conducting any low-level overflights over the National Conservation Areas and Special Management Areas or the Wilderness Areas that may be necessary for law enforcement and border security purposes. 10. Water rights (a) Reservation of rights With respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved rights shall be the date of enactment of this Act. (b) Protection of rights The Secretary and all other officers of the United States shall take steps necessary to protect the rights reserved by subsection (a), including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State in which the United States is or may be joined and which is conducted in accordance with the McCarran Amendment ( 43 U.S.C. 666 ). (c) No relinquishment or reduction Nothing in this section shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (d) Reservation for specific wilderness The Federal water rights reserved by this section are specific to the wilderness located in the State designated by this Act. Nothing in this section related to reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made pursuant thereto. | https://www.govinfo.gov/content/pkg/BILLS-113hr1799ih/xml/BILLS-113hr1799ih.xml |
113-hr-1800 | I 113th CONGRESS 1st Session H. R. 1800 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Grimm (for himself and Mr. Graves of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Investment Company Act of 1940 to allow business development companies to purchase, otherwise acquire, or hold certain securities, to change the asset coverage ratio and treatment of preferred stock for business development companies, and to direct the Securities and Exchange Commission to revise certain rules relating to business development companies.
1. Short title This Act may be cited as the Small Business Credit Availability Act . 2. Amendment to permit business development companies to own investment advisers Section 60 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–59 ) is amended by striking except that the Commission shall not and inserting the following: except that— (1) section 12 shall not apply to the purchasing, otherwise acquiring, or holding by a business development company of any security issued by, or any other interest in the business of, any person who is an investment adviser registered under title II of this Act or who is an investment adviser to an investment company; and (2) the Commission shall not . 3. Amendments to expand access to capital for business development companies Section 61(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–60(a) ) is amended— (1) in paragraph (1), by striking 200 and inserting 150 ; (2) in paragraph (2), by inserting or which is a stock after indebtedness ; and (3) by adding at the end the following: (5) Section 18(a)(2) shall not apply to a business development company. . 4. Parity for business development companies regarding offering and proxy rules (a) Revision to rules Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ; 78o(d)). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)— (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N–2 to the definition of automatic shelf registration statement provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)— (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N–2; and (B) to provide an exception for a business development company from the requirement that a Form N–2 registrant must furnish the undertakings required by item 34.4 of Form N–2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (11) The Commission shall revise rule 418 under the Securities Act of 1933 (17 C.F.R. 230.418) to provide that a business development company that would otherwise meet the eligibility requirements of General Instruction I.A of Form S–3 shall be exempt from paragraph (a)(3) of that rule. (12) The Commission shall revise rule 14a–101 under the Securities Exchange Act of 1934 (17 C.F.R. 240.14a–101) to provide that a business development company that would otherwise meet the requirements of General Instruction I.A of Form S–3 shall be deemed to meet the requirements of Form S–3 for purposes of Schedule 14A. (13) The Commission shall revise rule 103 under Regulation FD (17 C.F.R. 243.103) to provide that paragraph (a) of that rule applies for purposes of Form N–2. (b) Revision to form N–2 The Commission shall revise Form N–2— (1) to include an item or instruction that is similar to item 12 on Form S–3 to provide that a business development company that would otherwise meet the requirements of Form S–3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N–2; and (2) to include an instruction (that is similar to the instruction regarding automatic shelf offerings by well-known seasoned issuers on Form S–3) to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N–2. (c) Rule of construction Any reference in this section to a rule or form means such rule or form or any successor rule or form. | https://www.govinfo.gov/content/pkg/BILLS-113hr1800ih/xml/BILLS-113hr1800ih.xml |
113-hr-1801 | I 113th CONGRESS 1st Session H. R. 1801 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Higgins (for himself, Ms. Moore , Ms. Pingree of Maine , Mr. Cicilline , Mrs. Capps , Mr. Grijalva , Ms. Wilson of Florida , Mr. Hastings of Florida , Mr. King of New York , Mr. Rangel , Mr. Larsen of Washington , Mr. McGovern , Mr. Peters of California , Mr. Wolf , Mr. Moran , and Mr. Farr ) 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 amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide for coverage of oral anticancer drugs on terms no less favorable than the coverage provided for anticancer medications administered by a health care provider.
1. Short title This Act may be cited as the Cancer Drug Coverage Parity Act of 2013 . 2. Parity in coverage for oral anticancer drugs (a) Employee Retirement Income Security Act of 1974 amendments (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: 716. Parity in coverage for oral anticancer drugs (a) In general Subject to subsection (b), a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to anticancer medications administered by a health care provider shall provide for no less favorable coverage for prescribed, patient-administered anticancer medications that are used to kill, slow, or prevent the growth of cancerous cells and that have been approved by the Food and Drug Administration. (b) Limitation Subsection (a) shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication— (1) is medically necessary for the purpose of killing, slowing, or preventing the growth of cancerous cells; or (2) is clinically appropriate in terms of type, frequency, extent site, and duration. (c) Application of cost-Sharing and restrictions (1) In general The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to anticancer medications administered by a health care provider under the plan or coverage for the same purpose. (2) Restriction A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)— (A) impose an increase in out-of-pocket costs with respect to anticancer medications; (B) reclassify benefits with respect to anticancer medications; or (C) apply more restrictive limitations on prescribed orally-administered anticancer medications or intravenously administered or injected anticancer medications. (d) Application of notice, prohibitions, etc The provisions of subsections (b), (c), (d), and (e)(2) of section 713 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2014, shall be substituted for the date referred to in subsection (b)(3) of such section. (e) Construction Nothing in this section shall be construed— (1) to require the use of orally-administered anticancer medications as a replacement for other anticancer medications; or (2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy. . (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking section 711 and inserting sections 711 and 716 . (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking section 711 and inserting sections 711 and 716 . (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new items: Sec. 715. Additional market reforms. Sec. 716. Parity in coverage for oral anticancer drugs. . (b) Public health service act amendments (1) Title XXVII of the Public Health Service Act is amended by inserting after section 2728 ( 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 new section: 2729. Parity in coverage for oral anticancer drugs (a) In general Subject to subsection (b), a group health plan, and a health insurance issuer offering health insurance coverage, that provides benefits with respect to anticancer medications administered by a health care provider shall provide for no less favorable coverage for prescribed, patient-administered anticancer medications that are used to kill, slow, or prevent the growth of cancerous cells and that have been approved by the Food and Drug Administration. (b) Limitation Subsection (a) shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication— (1) is medically necessary for the purpose of killing, slowing, or preventing the growth of cancerous cells; or (2) is clinically appropriate in terms of type, frequency, extent site, and duration. (c) Application of cost-Sharing and restrictions (1) In general The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to anticancer medications administered by a health care provider under the plan or coverage for the same purpose. (2) Restriction A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)— (A) impose an increase in out-of-pocket costs with respect to anticancer medications; (B) reclassify benefits with respect to anticancer medications; or (C) apply more restrictive limitations on prescribed orally-administered anticancer medications or intravenously administered or injected anticancer medications. (d) Application of notice, prohibitions, etc The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2014, shall be substituted for the date referred to in subsection (b)(3) of such section. (e) Construction Nothing in this section shall be construed— (1) to require the use of orally-administered anticancer medications as a replacement for other anticancer medications; or (2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy. . (2) Section 2724(c) of such Act (42 U.S.C. 300gg–23(c)), as redesignated by section 1001(4) and subsection (c)(14) of the section 1563 (relating to conforming amendments) of Public Law 111–148 , is amended by striking section 2704 and inserting sections 2725 and 2729 . (3) Section 2762(b)(2) of such Act (42 U.S.C. 300gg–62(b)(2)) is amended by striking section 2751 and inserting sections 2751 and 2729 . (4) For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (c) Internal revenue code amendments (1) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by subsection (f) of the section 1563 (relating to conforming amendments) of Public Law 111–148 , is amended by adding at the end the following new section: 9816. Parity in coverage for oral anticancer drugs (a) In general Subject to subsection (b), a group health plan that provides benefits with respect to anticancer medications administered by a health care provider shall provide for no less favorable coverage for prescribed, patient-administered anticancer medications that are used to kill, slow, or prevent the growth of cancerous cells and that have been approved by the Food and Drug Administration. (b) Limitation Subsection (a) shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication— (1) is medically necessary for the purpose of killing, slowing, or preventing the growth of cancerous cells; or (2) is clinically appropriate in terms of type, frequency, extent site, and duration. (c) Application of cost-Sharing and restrictions (1) In general The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to anticancer medications administered by a health care provider under the plan for the same purpose. (2) Restriction A group health plan may not, in order to comply with the requirement of subsection (a)— (A) impose an increase in out-of-pocket costs with respect to anticancer medications; (B) reclassify benefits with respect to anticancer medications; or (C) apply more restrictive limitations on prescribed orally-administered anticancer medications or intravenously administered or injected anticancer medications. (d) Application of notice, prohibitions, etc The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2014, shall be substituted for the date referred to in subsection (b)(3) of such section. (e) Construction Nothing in this section shall be construed— (1) to require the use of orally-administered anticancer medications as a replacement for other anticancer medications; or (2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy. . (2) Clerical amendment The table of sections for such subchapter is amended by adding at the end the following new items: Sec. 9815. Additional market reforms. Sec. 9816. Parity in coverage for oral anticancer drugs. . (d) Clarifying amendment regarding application to grandfathered plans Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 18011(a)(4)(A)), as added by section 2301(a) of Public Law 111–152 , is amended by adding at the end the following new clause: (v) Section 2729, as added by section 2(b) of the Cancer Drug Coverage Parity Act of 2013 . . (e) Effective date The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 2014, and with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (f) Study Not later than 2 years after the date of the enactment of this Act— (1) the Medicare Payment Advisory Commission shall complete a study that assesses how closing the Medicare part D donut hole under the amendments made by section 3301 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as amended by section 1101 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility; and (2) submit a report to Congress on the results of such study. | https://www.govinfo.gov/content/pkg/BILLS-113hr1801ih/xml/BILLS-113hr1801ih.xml |
113-hr-1802 | I 113th CONGRESS 1st Session H. R. 1802 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Honda 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 promote civic learning and engagement, and for other purposes.
1. Short title This Act may be cited as the Sandra Day O’Connor Civic Learning Act of 2013 . 2. Sense of Congress It is the sense of Congress that the Commissioner for Education Statistics, in administering the National Assessment of Educational Progress, should increase the sample size of students tested to improve disaggregation and analysis of data regarding progress in history and civics. 3. Civic learning grants (a) In general Subpart 3 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6711 et seq.) is amended— (1) by repealing sections 2341 through 2344 and inserting the following: 2341. Civic learning grants (a) In general The Secretary may award competitive grants to eligible entities for the development and implementation of programs to promote civic learning and engagement. (b) Use of funds An eligible entity shall use a grant received under this section to develop and implement a program to promote civic learning and engagement through instruction, professional development, and evaluation activities that promote any of the following: (1) Equity through access to funding and program benefits, including— (A) programs that meet the needs of students with divergent learning styles, students of varying ethnic, racial, and socio-economic backgrounds, and students who are English language learners; and (B) resources that serve student populations that have not traditionally received opportunities for high quality, engaging civic learning, with a special emphasis on inner-city and rural underserved students. (2) Innovation through design, settings, and delivery, including service learning, interactive on-line programming, and other approaches to engaging students in active learning and civic participation. (3) Scalability through broad, cost-effective implementation and institutionalization, including— (A) use of the latest technological developments; (B) an emphasis on programs designed to address relevant State and National educational standards; and (C) utilization of low per-participant cost models of expanding the number of active students and teachers. (4) Accountability through assessment and identification of best practice models, including— (A) independent research and evaluation to help assess the effects of civic education programs on students’ knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; (B) identifying techniques that succeed with traditionally underserved student populations; and (C) evaluation of teachers’ knowledge and the adequacy of the teaching facility. (c) Definition of eligible entity In this section, the term eligible entity means a nonprofit educational organization. ; and (2) by redesignating sections 2345 and 2346 as sections 2342 and 2343, respectively. (b) Conforming changes (1) Section 2342 of such Act ( 20 U.S.C. 6715 ), as redesignated by subsection (a)(2), is amended— (A) in subsection (a)— (i) by striking organizations described in section 2343(a)(3) each place it appears and inserting organizations experienced in the development of curricula and programs in civics and government education and economic education for students in elementary schools and secondary schools in countries other than the United States ; and (ii) by striking use funds made available under grants or contracts under section 2343 to ; (B) in subsection (b), by striking the Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) and inserting an entity specified in subsection (a) ; (C) in subsection (e), by striking described in section 2343 and inserting specified in subsection (a) ; and (D) in subsection (f)(2), by striking the Center for Civic Education, the National Council on Economic Education, or organizations described in section 2343(a)(3) and inserting an entity specified in subsection (a) . (2) The table of contents of such Act ( 20 U.S.C. 6301 et seq. ) is amended by striking the items relating to sections 2341 through 2346 and inserting the following: 2341. Civic learning grants. 2342. Cooperative civic education and economic education exchange programs. 2343. Authorization of appropriations. . (c) Authorization of appropriations Section 2343 of such Act ( 20 U.S.C. 6716 ), as redesignated by subsection (a)(2), is amended to read as follows: 2343. Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2015 through 2020— (1) $28,500,000 for grants under section 2341; and (2) $1,500,000 for programs under section 2342. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1802ih/xml/BILLS-113hr1802ih.xml |
113-hr-1803 | I 113th CONGRESS 1st Session H. R. 1803 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Hudson (for himself and Mr. McIntyre ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
1. Short title This Act may be cited as the Lumbee Recognition Act . 2. Preamble The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking and at the end of each clause. (2) By striking : Now, therefore, at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe’s status as a federally recognized tribe; and Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore, . 3. Federal recognition The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgement. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. (b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified. (c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary’s verification shall be limited to confirming compliance with the membership criteria set out in the Tribe’s constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulation (or a successor regulation). (b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 5. (a) The State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed on; and (2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. (b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. (c) The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ). 6. There are authorized to be appropriated such sums as are necessary to carry out this Act. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1803ih/xml/BILLS-113hr1803ih.xml |
113-hr-1804 | I 113th CONGRESS 1st Session H. R. 1804 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Huelskamp introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to submit to Congress semiannual reports on the cost of foreign travel made by employees of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Foreign Travel Accountability Act . 2. Semiannual reports to Congress on cost of foreign travel (a) In general Subchapter I of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: 518. Semiannual reports to Congress on cost of foreign travel (a) Semiannual reports Not later than June 30, 2014, and each 180-day period thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a semiannual report on covered foreign travel made during the 180-day period covered by the report. (b) Matters included Each report under subsection (a) shall include the following: (1) With respect to each instance of covered foreign travel made during the period covered by the report— (A) the purpose of such travel; (B) the destination; (C) the name and title of each employee included on such travel; (D) the duration of such travel; and (E) the total cost to the Department of such travel. (2) The final costs to the Department with respect to all covered foreign travel made during the period covered by the report, including costs relating to— (A) transportation, including fares for travel by air, rail, bus, ferry, cruise ship, taxi, mass transit, or other mode of transportation; (B) expenses or reimbursements relating to operating and maintaining a car, including the costs of fuel and mileage; (C) passport and visa fees; (D) lodging; (E) per diem payments; (F) baggage charges; (G) computer rental fees; (H) rental of halls, auditoriums, or other spaces; (I) entertainment; and (J) contractors. (c) Duplicative information Each report under subsection (a) shall include the information described in subsection (b) regardless of whether such information is also included in a report under section 517 of this title. (d) Covered foreign travel defined In this section, the term covered foreign travel means travel made by an employee of the Department of Veterans Affairs, including an employee who is stationed in a foreign country, on official business to a location outside of— (1) the several States; (2) the District of Columbia; (3) a territory, commonwealth, or possession of the United States; (4) Indian lands (as defined in section 4(4) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703(4) )); or (5) the territorial waters of the United States. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 517 the following new item: 518. Semiannual reports to Congress on cost of foreign travel. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1804ih/xml/BILLS-113hr1804ih.xml |
113-hr-1805 | I 113th CONGRESS 1st Session H. R. 1805 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Ms. Kuster (for herself, Ms. Meng , Mr. McIntyre , and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to submit to Congress an annual report on the automatic processing of claims for compensation under the laws administered by the Secretary.
1. Short title This Act may be cited as the Veterans Claims Efficiency Through Automation Act . 2. Report on automatic processing of claims for compensation under the laws administered by the Secretary of Veterans Affairs (a) In general Subchapter I of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 5109C. Annual report on automatic processing of claims The Secretary shall include in the annual report to Congress required under section 529 of this title a report on the automatic processing of claims for compensation during the year preceding the year during which the report is submitted. Each such report shall include, for the year covered by the report, each of the following: (1) Each medical condition for which claims relating to such condition were processed in an electronic automated fashion during such year. (2) The feasibility of processing any additional medical conditions in an electronic automated fashion and any barriers to so processing additional medical conditions, including any such barriers relating to the schedule for rating disabilities under section 1115 of this title. (3) The number of claims for compensation relating to each medical condition submitted during such year. (4) For each medical condition, the percentage of claims denied and the percentage of claims approved during such year. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 5109C. Annual report on automatic processing of claims. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1805ih/xml/BILLS-113hr1805ih.xml |
113-hr-1806 | I 113th CONGRESS 1st Session H. R. 1806 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Larsen of Washington (for himself, Mr. McDermott , Ms. DelBene , and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to reduce the rate of tax on distilled spirits produced by small distilleries.
1. Short title This Act may be cited as the Distillery Excise Tax Reform Act of 2013 . 2. Reduced rate for small domestic distillers (a) In general Section 5001 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Reduced rate for certain small domestic producers (1) In general In the case of any person who produces not more than 60,000 proof gallons of distilled spirits during the calendar year, the rate of tax imposed by subsection (a)(1) shall be $2.70 per proof gallon produced in the United States (and a proportionate tax at the like rate on all fractional parts of such a proof gallon). (2) Controlled groups In the case of a controlled group, the 60,000 proof gallon quantity specified in paragraph (1) shall be applied to the controlled group. For purposes of the preceding sentence, the term controlled group shall have the meaning given such term by subsection (a) of section 1563, except that more than 50 percent shall be substituted for at least 80 percent each place it appears in such subsection. Under regulations prescribed by the Secretary, principles similar to the principles of the preceding two sentences shall be applied to a group under common control where one or more of the persons is not a corporation. (3) Preventing abuse of reduced rate The Secretary shall prescribe regulations similar to the regulations prescribed under section 5051(a)(2)(C) to prevent the reduced rates provided in paragraph (1) from benefitting any person who produces more than 60,000 proof gallons of distilled spirits during a calendar year. . (b) Conforming amendments (1) Paragraph (1) of section 5010(a) is amended— (A) by inserting (if any) after excess , and (B) by inserting ($2.70 in the case of a person described in section 5001(c)) after $13.50 in subparagraph (A). (2) Paragraph (2) of section 5010(a) is amended by inserting ($2.70 in the case of a person described in section 5001(c)) after $13.50 . (c) Effective date The amendments made by this section shall take effect on January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr1806ih/xml/BILLS-113hr1806ih.xml |
113-hr-1807 | I 113th CONGRESS 1st Session H. R. 1807 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Ms. Matsui (for herself, Mr. Blumenauer , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a grant program to assist retail power providers with the establishment and operation of energy conservation programs using targeted residential tree-planting, and for other purposes.
1. Short title This Act may be cited as the The Residential Energy and Economic Savings Act or the TREES Act . 2. Findings The Congress finds that— (1) the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country’s emissions; (2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States; (3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent; (4) strategically planted shade trees can provide significant carbon benefits both directly (sequestration by the growing tree) and indirectly (reductions in carbon emissions from electricity conservation); (5) trees can reduce the rate and magnitude of stormwater runoff and improve surface water quality; (6) trees reduce topsoil erosion, prevent harmful land pollutants contained in soil from getting into our waterways, slow down water run-off, and ensure that our groundwater supplies are continually being replenished; and (7) trees strategically placed on or near residential property can increase a home’s property value. 3. Definitions As used in this Act: (1) The term nonprofit tree-planting organization means any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)), which exists, in whole or in part, to— (A) expand urban and residential tree cover; (B) distribute young trees for planting; (C) increase awareness of the environmental and energy-related benefits of trees; (D) educate the public about proper tree planting, care, and maintenance strategies; or (E) carry out any combination of the foregoing activities. (2) The term retail power provider means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. (3) The term Secretary means the Secretary of Energy. (4) The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (5) The term tree-siting guidelines means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this Act, in addition to the minimum required distance to be maintained between such trees and— (A) building foundations; (B) air conditioning units; (C) driveways and walkways; (D) property fences; (E) preexisting utility infrastructure; (F) septic systems; (G) swimming pools; and (H) other infrastructure as determined appropriate. 4. Purpose The purpose of this Act is to assist retail power providers with the establishment and operation of targeted residential tree-planting programs, for the following purposes: (1) Reducing the peak-load demand for electricity in residential areas during the summer months through direct shading of residential buildings provided by strategically planted trees. (2) Reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand. (3) Protecting air quality and public health by removing harmful pollution from the air. (4) Utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, thus mitigating the effects of climate change. (5) Lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits. (6) Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand. (7) Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways. (8) Promoting community education, involvement, and stewardship of much-needed tree canopy coverage in residential communities. 5. General authority (a) Authority The Secretary may establish a grant program to provide financial, technical, and related assistance to retail power providers to support the establishment of new, or continued operation of existing, targeted residential tree-planting programs. (b) Public recognition initiative In addition to the authority provided under subsection (a), the Secretary may also create a national public recognition initiative to encourage participation in tree-planting programs by retail power providers. (c) Cooperation In carrying out the grant program established pursuant to subsection (a), the Secretary may cooperate with, and provide financial, technical, and related assistance for such cooperation to, State foresters or equivalent State officials. (d) Requirements for qualified tree-Planting programs In order to qualify for assistance under this Act, a retail power provider shall, in accordance with this Act, establish and operate, or continue operating, a tree-planting program that meets each of the following requirements: (1) The program shall provide free or discounted shade-providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. (2) The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence. (3) The program shall either— (A) provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; or (B) provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity. (4) The program shall use the best available science to create and utilize tree-siting guidelines which dictate where the optimum tree species are best planted in locations that ensure adequate root development and that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities. (5) The program shall provide tree recipients with tree planting and tree care instruction and education prior to or in conjunction with delivery of free or discounted trees. (6) The program shall receive certification from the Secretary that it is designed to achieve the goals set forth in paragraphs (1) through (5). In designating criteria for such certification, the Secretary shall collaborate with the Forest Service’s Urban and Community Forestry Program to ensure that certification requirements are consistent with such goals. (e) New program funding share The Secretary shall ensure that no less than 30 percent of the funds made available under this Act are distributed to retail power providers which— (1) have not previously established or operated qualified tree-planting programs; or (2) are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this Act. 6. Agreements between retail power providers and nonprofit tree-planting organizations (a) Grant authorization In providing assistance under this Act, the Secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations. (b) Conditions of agreement An agreement between a retail power provider and a nonprofit tree-planting organization under subsection (a) shall set forth conditions under which such nonprofit tree-planting organization shall carry out a targeted residential tree-planting program. Such conditions— (1) shall require the organization to participate in a local technical advisory committee in accordance with section 7; and (2) may require the organization to— (A) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations; (B) undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees; (C) establish education and information campaigns to encourage recipients to maintain their shade trees over the long term; (D) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program; (E) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees; (F) monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years; and (G) ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature, and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this Act. (c) Lack of nonprofit tree-Planting organization (1) In general If a qualified nonprofit tree-planting organization does not exist or operate within areas served by retail power providers applying for assistance under this Act, the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities: (A) Local municipal governments with jurisdiction over the urban or suburban forest. (B) Conservation districts. (2) Cooperative agreements With respect to an area described in paragraph (1), a local municipal government or conservation district that enters into a binding legal agreement with a retail power provider pursuant to such paragraph may, to fulfill the conditions of such binding legal agreement, enter into a cooperative agreement with a not-for-profit organization in such area that exists in whole, or in part, to meet the goals and objectives described in subparagraphs (A) through (E) of section 3(1). 7. Technical advisory committees (a) Description In order to qualify for assistance under this Act, a retail power provider shall consult with the nonprofit tree-planting organization with which it has entered into a binding legal agreement under section 6 and State foresters or equivalent State officials to establish a local technical advisory committee which shall provide advice and consultation to the applicable tree-planting program. The advisory committee may— (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native or low water-use shade trees or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. (b) Compensation Individuals serving on local technical advisory committees shall not receive compensation for their service. (c) Composition Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental organizations with expertise in demand-side energy efficiency management, urban forestry, or arboriculture, and shall be composed of the following: (1) Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this Act. (2) Up to 4 persons, but no less than one person, representing the nonprofit tree-planting organization which will partner with the retail power provider to carry out this Act. (3) Up to 3 persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those organizations which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof, such that no single organization is represented by more than one individual under this subsection. (4) Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation. (5) Up to 3, but no less than one, persons representing local city or county government for each municipality where a shade tree-planting program will take place and at least one of these representatives shall be the city or county forester, city or county arborist, conservation district forester or functional equivalent. (6) Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including public works departments, transportation agencies, or equivalents. (7) Up to 2 persons representing the nursery and landscaping industry. (8) Up to 2 persons, but no less than one person, representing State foresters or equivalent State officials. (9) Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues. (d) Chairperson (1) In general Each local technical advisory committee shall elect a chairperson to preside over Committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee. (2) Eligibility Only committee representatives under subsection (c)(1) or subsection (c)(2) shall be eligible to act as a local technical advisory committee chairperson. (e) Credentials At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials: International Society of Arboriculture; Certified Arborist, ISA; Society of American Foresters Certified Forester; Certified Arborist Municipal Specialist, ISA; Certified Arborist Utility Specialist, ISA; Board Certified Master Arborist; or Landscape Architect recommended by the American Society of Landscape Architects. 8. Cost-share program (a) Federal share The Federal share of support for any tree-planting program funded under this Act shall not exceed 50 percent of the cost of such program and shall be provided on a matching basis. (b) Non-Federal share The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States. 9. Rulemaking (a) Rulemaking period The Secretary is authorized to solicit comments and initiate a rulemaking period that shall last no more than 6 months after the date of enactment of this Act. (b) Competitive grant rule At the conclusion of the rulemaking period under subsection (a), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal assistance under this Act. 10. Nonduplicity Nothing in this Act shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105). 11. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1807ih/xml/BILLS-113hr1807ih.xml |
113-hr-1808 | I 113th CONGRESS 1st Session H. R. 1808 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Michaud (for himself and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain Federal lands within the Cross Island National Wildlife Refuge and the Petit Manan National Wildlife Refuge, part of the Maine Coastal Islands National Wildlife Refuge Complex, in Lincoln County, Hancock County, and Washington County, Maine, as wilderness.
1. Short title This Act may be cited as the Maine Coastal Islands Wilderness Act of 2013 . 2. Definitions In this Act: (1) High-water mark The term high-water mark means the point on the bank or shore up to which the water, by its presence and action or flow, leaves a distinct mark indicated by erosion, destruction of or change in vegetation, or other easily recognizable characteristic. (2) Secretary The term Secretary means the Secretary of the Interior. 3. Additions to the National Wilderness Preservation System (a) Additions In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and subject to subsection (c), the following Federal lands in the State of Maine are hereby designated as wilderness and as components of the National Wilderness Preservation System: (1) Certain lands in the Cross Island National Wildlife Refuge, comprising approximately 1,703 acres, as generally depicted on the map entitled Cross Island National Wildlife Refuge: Islands Wilderness Proposal and dated May, 2010, which shall be known as the Cross Island Wilderness . Cross Island Wilderness includes six islands in a geographic cluster in Washington County distributed over the following: (A) Cross Island: 1,654 acres. (B) Inner Double Head Shot Island: 8 acres. (C) Outer Double Head Shot Island: 14 acres. (D) Mink Island: 11 acres. (E) Scotch Island: 10 acres. (F) Old Man Island: 6 acres. (2) Certain lands in the Petit Manan National Wildlife Refuge, comprising approximately 1,553 acres, as generally depicted on the maps entitled Petit Manan National Wildlife Refuge: Islands Wilderness Proposal and dated May, 2010, which shall be known as the Maine Coastal Islands Wilderness . Maine Coastal Islands Wilderness includes seven islands distributed over the following: (A) Outer Heron Island (Lincoln County): 66 acres. (B) Outer White Island (Lincoln County): 16 acres. (C) Little Marshall Island (Hancock County): 14 acres. (D) John’s Island (Hancock County): 43 acres. (E) Bois Bubert Island (Washington County): 1,321 acres. (F) Inner Sand Island (Washington County): 18 acres. (G) Halifax Island (Washington County): 75 acres. (b) Maps and descriptions (1) Filing and availability As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area designated by subsection (a) with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The maps and legal descriptions filed shall be filed and made available for public inspection by the Secretary in the office of the Director of the United States Fish and Wildlife Service. (2) Force and effect A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (c) Seaward boundary of wilderness areas The seaward boundary of each wilderness area designated by this section shall be the high-water mark. 4. Administration (a) Management Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act is deemed to be a reference to the date of enactment of this Act. (b) Incorporation of acquired land and interest Any land within the boundary of the land designated as wilderness by section 3 that is acquired by the United States shall— (1) become part of the wilderness area; and (2) be managed in accordance with this section. (c) Fish and wildlife As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Maine with respect to wildlife and fish. (d) Buffer zones Congress does not intend for the designation of wilderness areas in the State under this section to lead to the creation of protective perimeters or buffer zones around any wilderness area. (e) Activities or uses up to boundaries The fact that nonwilderness activities or uses can be seen or heard from within a wilderness designated by this Act shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. (f) Navigational devices Consistent with the purpose of the Wilderness Act, the Secretary may authorize the installation of navigational devices in any wilderness area designated by this Act for the purpose of improving public health and safety. (g) Landing of watercraft Nothing in this Act shall be construed as prohibiting the landing of a watercraft on an island on which is located any area designated as a wilderness area by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1808ih/xml/BILLS-113hr1808ih.xml |
113-hr-1809 | I 113th CONGRESS 1st Session H. R. 1809 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. O’Rourke (for himself, Mrs. Kirkpatrick , Mr. McIntyre , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide notice of average times for processing claims and percentage of claims approved, and for other purposes.
1. Department of Veterans Affairs notice of average times for processing claims and percentage of claims approved (a) Public notice The Secretary of Veterans Affairs shall post the information described in subsection (c)— (1) in a conspicuous place in each regional office and claims intake facilities of the Department of Veterans Affairs; and (2) on the Internet Web site of the Department. (b) Notice to applicants (1) In general The Secretary shall provide to each person who submits a claim for benefits under the laws administered by the Secretary before the person submits such claim— (A) notice of the information described in subsection (c); and (B) notice that the person is eligible to receive up to an extra year of benefits payments if the person files a claim that is fully developed. (2) Acknowledgment of receipt of notice Each person who submits a claim for benefits under the laws administered by the Secretary shall include in such application a signed form acknowledging that the person received the information described in subsection (c). (c) Information described (1) In general The information described in this subsection is the following: (A) The average processing time of the claims described in paragraph (2) and the percentage of such submitted claims for which benefits are awarded. (B) The percentage of each of the following types of submitted claims for benefits under the laws administered by the Secretary of Veterans Affairs for which benefits are awarded: (i) Claims filed by veterans who authorized a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (ii) Claims filed by veterans who authorized a person other than a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (iii) Claims filed by veterans who did not authorize a person to act on the veterans’ behalf under a durable power of attorney. (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim that is submitted in standard electronic form. (B) A fully developed claim that is submitted in standard paper form. (C) A claim that is not fully developed that is submitted in standard electronic form. (D) A claim that is not fully developed that is submitted in standard paper form. (E) A claim that is not fully developed that is submitted in non-standard paper form. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. | https://www.govinfo.gov/content/pkg/BILLS-113hr1809ih/xml/BILLS-113hr1809ih.xml |
113-hr-1810 | I 113th CONGRESS 1st Session H. R. 1810 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Radel introduced the following bill; which was referred to the Committee on Natural Resources A BILL To revise the boundaries of John H. Chafee Coastal Barrier Resources System Gasparilla Island Unit in Florida.
1. John H. Chafee Coastal Barrier Resources System Gasparilla Island Unit, Florida (a) In general The map subtitled Gasparilla Island Unit FL–70P included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to the Gasparilla Island Unit in Florida is hereby replaced by another map relating to the same unit entitled John H. Chafee Coastal Barrier Resources System Corrected Gasparilla Unit FL–70/FL–70P , draft dated May 23, 2012. (b) Availability The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1810ih/xml/BILLS-113hr1810ih.xml |
113-hr-1811 | I 113th CONGRESS 1st Session H. R. 1811 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Radel introduced the following bill; which was referred to the Committee on Natural Resources , 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 remove from the John H. Chafee Coastal Barrier Resources System areas included in Florida System Unit P–16, and for other purposes.
1. Removal from John H. Chafee Coastal Barrier Resources System of areas included in Florida System Unit P–16 The Secretary of the Interior shall revise maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) as necessary to remove from Florida System Unit P–16— (1) the area known as Royal Marco Point on Marco Island, Collier County, Florida; and (2) the area known as La Peninsula of the Isles of Capri in Naples, Collier County, Florida. 2. Availability of insurance under the National Flood Insurance Program for areas removed from Florida System Unit P–16 Section 1316 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4023 ) shall not apply with respect to a property located in an area described in paragraph (1) or (2) of section 1 unless— (1) the Administrator of the Federal Emergency Management Agency determines that such property would have been declared by a duly constituted State or local zoning authority, or other authorized public body, to be in violation of State or local laws, regulations, or ordinances as described in such section 1316 without regard to whether section 1 of this Act had been in effect at the time of the declaration by such State or local zoning authority or such other authorized public body; or (2) after the date of the enactment of this Act, a duly constituted State or local zoning authority, or other authorized public body, finds such property to be in violation of State or local laws, regulations, or ordinances described in such section 1316. | https://www.govinfo.gov/content/pkg/BILLS-113hr1811ih/xml/BILLS-113hr1811ih.xml |
113-hr-1812 | I 113th CONGRESS 1st Session H. R. 1812 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Roskam (for himself, Mr. Moran , Mr. Holding , Mr. Royce , Mr. Franks of Arizona , Mr. Ross , Mr. Polis , and Mr. Smith of Washington ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide high-skilled visas for nationals of the Republic of Korea, and for other purposes.
1. Short title This Act may be cited as the Partner with Korea Act . 2. Reciprocal visas for nationals of South Korea (a) In general Section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ) is amended— (1) in clause (ii), by striking or after capital; ; and (2) by adding at the end or (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1); . (b) Numerical limitation Section 214(g) of such Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 101(a)(15)(E)(iv) that is more than the applicable numerical limitations set out in this paragraph. (B) The applicable numerical limitation referred to in subparagraph (A) is 15,000 for each fiscal year. (C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not the spouses or children of such aliens. . (c) Specialty occupation defined Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended by striking section 101(a)(15)(E)(iii), and inserting clauses (iii) and (iv) of section 101(a)(15)(E), . (d) Attestation Section 212(t) of such Act ( 8 U.S.C. 1182(t) ), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act ( Public Law 108–77 ; 117 Stat. 941), is amended— (1) by striking or section 101(a)(15)(E)(iii) each place it appears and inserting or clause (iii) or (iv) of section 101(a)(15)(E) ; and (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II), by striking or 101(a)(15)(E)(iii) each place it appears. | https://www.govinfo.gov/content/pkg/BILLS-113hr1812ih/xml/BILLS-113hr1812ih.xml |
113-hr-1813 | I 113th CONGRESS 1st Session H. R. 1813 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Ryan of Ohio (for himself, Mr. Chabot , Mr. Wenstrup , Mrs. Beatty , Mr. Jordan , Mr. Latta , Mr. Johnson of Ohio , Mr. Gibbs , Ms. Kaptur , Ms. Fudge , Mr. Tiberi , Mr. Joyce , Mr. Stivers , Mr. Renacci , and Mr. Turner ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To redesignate the facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, as the Lance Corporal Daniel Nathan Deyarmin Post Office Building .
1. Lance Corporal Daniel Nathan Deyarmin Post Office Building (a) Redesignation The facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, shall be known and designated as the Lance Corporal Daniel Nathan Deyarmin 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 Lance Corporal Daniel Nathan Deyarmin Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-113hr1813ih/xml/BILLS-113hr1813ih.xml |
113-hr-1814 | I 113th CONGRESS 1st Session H. R. 1814 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Schock (for himself, Mr. Keating , Mr. Bridenstine , Mr. Burgess , Mr. Coffman , Mr. Connolly , Mr. Courtney , Mr. Crenshaw , Mr. Rodney Davis of Illinois , Mr. DeFazio , Mr. Forbes , Mr. Garrett , Mr. Goodlatte , Ms. Granger , Mr. Griffith of Virginia , Ms. Hanabusa , Mr. Hultgren , Mr. Kinzinger of Illinois , Mrs. Carolyn B. Maloney of New York , Mr. McGovern , Mr. Michaud , Ms. Moore , Mr. Pearce , Mr. Petri , Ms. Pingree of Maine , Mr. Pocan , Mr. Rohrabacher , Mr. Rokita , Mr. Roskam , Mr. Royce , Mr. Ruppersberger , Mr. Schiff , Mr. Sensenbrenner , Mr. Smith of Washington , Mr. Smith of Texas , Mr. Tiberi , Mr. Womack , Mr. Young of Florida , Mr. Young of Alaska , Mr. Young of Indiana , Mr. Welch , Mr. Wolf , Mr. Gardner , Mr. Lipinski , and Mr. Perlmutter ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend section 5000A of the Internal Revenue Code of 1986 to provide an additional religious exemption from the individual health coverage mandate.
1. Short title This Act may be cited as the Equitable Access to Care and Health Act or the EACH Act . 2. Additional religious exemption to health coverage mandate (a) In general Paragraph (2) of section 5000A(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Additional religious exemption (i) In general Such term shall not include an individual for any month during a taxable year if such individual files a sworn statement, as part of the return of tax for the taxable year, that the individual was not covered under minimum essential coverage at any time during such taxable year and that the individual’s sincerely held religious beliefs would cause the individual to object to medical health care that would be covered under such coverage. (ii) Nullified if receipt of medical health care during taxable year Clause (i) shall not apply to an individual for any month during a taxable year if the individual received medical health care during the taxable year. (iii) Medical health care defined For purposes of this subparagraph, the term medical health care means voluntary health treatment by or supervised by a medical doctor that would be covered under minimum essential coverage and— (I) includes voluntary acute care treatment at hospital emergency rooms, walk-in clinics, or similar facilities, and (II) excludes— (aa) treatment not administered or supervised by a medical doctor, such as chiropractic treatment, dental care, midwifery, personal care assistance, or optometry, (bb) physical examinations or treatment where required by law or third parties, such as a prospective employer, and (cc) vaccinations. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the amendments made by section 1501 of the Patient Protection and Affordable Care Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1814ih/xml/BILLS-113hr1814ih.xml |
113-hr-1815 | I 113th CONGRESS 1st Session H. R. 1815 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To protect workers from the corrupt and coercive Card Check system of organizing labor unions.
1. Short title This Act may be cited as the Union Coercion Prevention Act . 2. Amendments to the National Labor Relations Act (a) Unfair labor practices Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by inserting interfere with before restrain . (b) Representatives and elections Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended— (1) in subsection (a)— (A) by striking designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board, ; and (B) by inserting before the period the following: : Provided further , That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term majority shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election . (c) Fair representation in elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— (1) in subsection (b), by inserting prior to an election after in each case ; and (2) in subsection (c)— (A) in the flush matter following paragraph (1)(B)— (i) by inserting of 14 days in advance after appropriate hearing upon due notice ; (ii) by inserting , and a review of post-hearing appeals, after the record of such hearing ; and (iii) by adding at the end the following: No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list of employee names and home addresses of all eligible voters within 7 days following the Board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters. ; and (B) by adding at the end the following: (6) (A) No election shall take place after the filing of any petition unless and until— (i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (ii) the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. (B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on— (i) each pre-election issue not resolved before the election; and (ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election. . (d) Penalties Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is amended by inserting after the second sentence following the second proviso, the following: Any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, shall be liable for wages lost and union dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. Any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1815ih/xml/BILLS-113hr1815ih.xml |
113-hr-1816 | I 113th CONGRESS 1st Session H. R. 1816 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Veasey introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide additional educational assistance under the Post-9/11 GI Bill for veterans pursuing a degree in science, technology, engineering, or math.
1. Short title This Act may be referred to as the Veterans’ STEM Education Program . 2. Additional educational assistance under Post-9/11 GI Bill for veterans pursuing degree in science, technology, engineering, or math (a) Additional assistance (1) In general Chapter 33 of title 38, United States Code, is amended by inserting after section 3316 the following new section: 3316A. Veterans’ STEM Education Program (a) In General (1) The Secretary may pay to an individual entitled to educational assistance under this chapter such additional amount as the Secretary considers appropriate if— (A) the individual is using such assistance to pursue a program of education described in subsection (b); and (B) the amount of such assistance otherwise provided under this chapter does not cover the full cost of the established charges for such program of education, as determined after the application of any waiver of, or reduction in, tuition and fees and any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a )) that is provided directly to the institution offering such program of education and specifically designated for the sole purpose of defraying tuition and fees. (2) Amounts payable to an individual under this section are in addition to any other amounts payable to such individual under this chapter. (b) Covered Programs of Education A program of education described in this subsection is a program of education with a focus (as determined in accordance with regulations prescribed by the Secretary for purposes of this section) on science, technology, engineering, or math. . (2) Clerical Amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3316 the following new item: 3316A. Veterans’ STEM Education Program. . (b) Reports to Congress Section 3325(c) of title 38, United States Code, is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph: (3) a detailed description of the activities carried out under section 3316A of this title during the academic year covered by the report and an evaluation of such activities; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr1816ih/xml/BILLS-113hr1816ih.xml |
113-hr-1817 | I 113th CONGRESS 1st Session H. R. 1817 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Visclosky (for himself and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Homeland Security and 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 require certain Federal agencies to use iron and steel produced in the United States in carrying out projects for the construction, alteration, or repair of a public building or public work, and for other purposes.
1. Short title This Act may be cited as the American Steel First Act of 2013 . 2. Use of iron and steel produced in the United States in the construction of public works (a) In general Notwithstanding any other provision of law, the head of a covered Federal agency may not obligate or expend funds appropriated to the agency, or provide financial assistance using funds appropriated to the agency, for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in the project is produced in the United States. (b) Exceptions The provisions of subsection (a) shall not apply to a covered Federal agency in any case in which the head of the agency finds that— (1) their application would be inconsistent with the public interest; (2) iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25 percent. (c) Written justification for waiver (1) Notice and comment If the head of a covered Federal agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the agency shall, before the waiver becomes effective— (A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (B) provide the public with a reasonable period of time for notice and comment. (2) Annual report Not later than one year after the date of enactment of this Act, and annually thereafter, the head of a covered Federal agency shall submit to Congress a report on— (A) any waivers granted by the head of the agency under subsection (b) in the preceding year, including justifications for the waivers; and (B) any obligation or expenditure of funds by the head of the agency in the preceding year that did not conform to the requirements of this section due to limitations imposed by a treaty, agreement, or other provision of law. (d) Relationship to State requirements The head of a covered Federal agency shall not impose any limitation or condition on financial assistance provided using funds appropriated to the agency that restricts any State from imposing more stringent requirements than this section on the use of iron and steel in foreign countries in projects carried out with such assistance or restricts any recipient of such assistance from complying with such State imposed requirements. (e) Intentional violations If it has been determined by a court or Federal agency that any person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or (2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States; that person shall be ineligible, for a period of 6 years beginning on the date of the determination, to receive any contract or subcontract made with funds authorized to be appropriated to the agency pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations. (f) Limitation on applicability of waivers to products produced in certain foreign countries If the head of a covered Federal agency, in consultation with the United States Trade Representative, determines that— (1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States has waived the requirements of this section; and (2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by the agreement, the provisions of subsection (b) shall not apply with respect to the head of the covered Federal agency in connection with products produced in that foreign country. (g) Relationship to transportation provisions Notwithstanding any provision of this section, the requirements contained in section 313 of title 23, United States Code, and sections 5323(j) and 50101 of title 49, United States Code, as amended by this Act, shall continue to apply. (h) Application of requirements to entire project The requirement of subsection (a) and the exceptions specified in subsection (b) apply to the total of obligations and expenditures for an entire project and not only to obligations and expenditures for component parts of such project. (i) Definitions In this section, the following definitions apply: (1) Covered Federal agency The term covered Federal agency means the Department of Homeland Security, the Department of Defense, and the Department of Transportation. (2) Public building; public work The terms public building and public work have the meanings given such terms in section 8301 of title 41, United States Code, and include airports, bridges, canals, dams, dikes, pipelines, railroads, multiline mass transit systems, roads, tunnels, harbors, and piers. 3. Buy America requirements in transportation laws (a) Highways Section 313 of title 23, United States Code, is amended— (1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; (2) by inserting after subsection (b) the following: (c) Written justification for waiver (1) Notice and comment If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall, before the waiver becomes effective— (A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (B) provide the public with a reasonable period of time for notice and comment. (2) Annual report Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on— (A) any waivers granted under subsection (b) in the preceding year, including justifications for the waivers; and (B) any obligation of funds by the Secretary in the preceding year that did not conform to the requirements of this section due to limitations imposed by a treaty, agreement, or other provision of law. ; and (3) by adding at the end the following: (i) Application of requirements to entire project The requirement of subsection (a) and the exceptions specified in subsection (b) apply to the total of obligations for an entire project and not only to obligations for component parts of such project. . (b) Public transportation Section 5323(j) of title 49, United States Code, is amended— (1) by striking paragraph (3) and inserting the following: (3) Written justification for waiver (A) Notice and comment If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the waiver becomes effective— (i) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (ii) provide the public with a reasonable period of time for notice and comment. (B) Annual report Not later than 1 year after the date of enactment of this subparagraph, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on— (i) any waivers granted under paragraph (2) in the preceding year, including justifications for the waivers; and (ii) any obligation of funds by the Secretary in the preceding year that did not conform to the requirements of this subsection due to limitations imposed by a treaty, agreement, or other provision of law. ; and (2) by adding at the end the following: (10) Application of requirements to entire project The requirement of paragraph (1) and the exceptions specified in paragraph (2) apply to the total of obligations for an entire project and not only to obligations for component parts of such project. . (c) Airports Section 50101 of title 49, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Written justification for waiver (1) Notice and comment If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall, before the waiver becomes effective— (A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (B) provide the public with a reasonable period of time for notice and comment. (2) Annual report Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on— (A) any waivers granted under subsection (b) in the preceding year, including justifications for the waivers; and (B) any obligation of funds by the Secretary in the preceding year that did not conform to the requirements of this section due to limitations imposed by a treaty, agreement, or other provision of law. ; and (3) by adding at the end the following: (d) Application of requirements to entire project The requirement of subsection (a) and the exceptions specified in subsection (b) apply to the total of obligations for an entire project and not only to obligations for component parts of such project. . 4. Effective date This Act, and the amendments made by this Act, shall apply to amounts appropriated or otherwise made available after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1817ih/xml/BILLS-113hr1817ih.xml |
113-hr-1818 | I 113th CONGRESS 1st Session H. R. 1818 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Marine Mammal Protection Act of 1972 to allow importation of polar bear trophies taken in sport hunts in Canada before the date the polar bear was determined to be a threatened species under the Endangered Species Act of 1973.
1. Short title This Act may be cited as the Polar Bear Conservation and Fairness Act of 2013 . 2. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5)(D) ) is amended to read as follows: (D) (i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. (ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997. (iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act of 2013 . . | https://www.govinfo.gov/content/pkg/BILLS-113hr1818ih/xml/BILLS-113hr1818ih.xml |
113-hr-1819 | I 113th CONGRESS 1st Session H. R. 1819 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada.
1. Short title This Act may be cited as the Restoration of the U.S.-Russia Polar Bear Conservation Fund Act of 2013 . 2. Findings The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000–10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations may now be near historic highs . (3) A permit fee for importing polar bears will invigorate the public-private funding partnership for the United States-Russian Polar Bear Conservation Fund. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that the global population of Polar Bears is not small and the species’ area of distribution is not restricted, and [t]rade does not appear to be a significant threat to the species. . TRAFFIC also recommended that the polar bear not be uplisted to Appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships . (6) The International Union for Conservation of Nature has found that hunting is a form of wildlife use that, when well-managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods . 3. Permits for importation of polar bear trophies The Marine Mammal Protection Act of 1972 is amended— (1) in section 101(a)(3)(B) ( 16 U.S.C. 1371(a)(3)(B) ), by inserting or under section 104(c)(5) of this title after paragraph (5) of this subsection ; and (2) in section 102(b)(3) ( 16 U.S.C. 1372(b)(3) ), by inserting before the semicolon the following: , except that this paragraph does not prohibit the importation of polar bear parts under a permit issued under section 104(c)(5) of this title . | https://www.govinfo.gov/content/pkg/BILLS-113hr1819ih/xml/BILLS-113hr1819ih.xml |
113-hr-1820 | I 113th CONGRESS 1st Session H. R. 1820 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Young of Florida 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 amend the Outer Continental Shelf Lands Act and the Federal Water Pollution Control Act to modernize and enhance the Federal Government’s response to oil spills, to improve oversight and regulation of offshore drilling, and for other purposes.
1. Short title This Act may be cited as the Secure All Facilities to Effectively Guard the United States Against and Respond to Dangerous Spills Act of 2013 or the SAFEGUARDS Act of 2013 . 2. Oil spill response plans for drilling on the outer Continental Shelf The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: 32. Oil spill response plan requirements The Secretary may not issue any permit or other authorization for exploration for or production of oil or gas under a lease under this Act unless an oil spill response plan for the operations of the facility on which the activity is conducted has been approved by the Secretary of the Department in which the Coast Guard is operating as meeting the requirements for such a plan under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)). . 3. Approval of oil spill response plans Section 311(j)(5)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)(A)) is amended by adding at the end the following: (iii) Not later than 180 days after the date of enactment of the SAFEGUARDS Act of 2013, the President shall issue regulations to ensure that an owner or operator of an offshore facility is not in compliance with requirements under this paragraph unless the owner or operator submits the plan required under clause (i) to the Secretary of the Department in which the Coast Guard is operating and the Secretary approves the plan. . 4. Containment device or blowout preventer failure Section 311(j)(5)(A)(i) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5)(A)(i) ) is amended by inserting before the period at the end the following: , including as the result of an uncontrolled or uncontained discharge from a well . 5. Water quality monitoring Section 311(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(d)(2) ) is amended by adding at the end the following: (N) Water quality monitoring by the Administrator of waters affected by discharges of oil or other hazardous substances that begins not later than 48 hours after such a discharge is reported. . 6. Extension of deadline for review of exploration plan Section 11(c)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1340(c)(1) ) is amended— (1) by striking thirty days and inserting 90 days ; (2) by inserting before the last sentence the following: The Secretary may extend such 90-day period by 60 days if the Secretary certifies that such extension is necessary to allow adequate consideration of the plan. ; and (3) by striking under the preceding sentence and inserting under this paragraph . 7. National Incident Commander Section 311(d)(2)(I) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(d)(2)(I) ) is amended by inserting before the period at the end the following: , which shall include the designation of the Commandant of the Coast Guard as the National Incident Commander for all activities in response to such a discharge or threat if such a discharge or threat affects waters with respect to which the Coast Guard is responsible for response efforts under the Plan . 8. Categorical exclusions prohibited Section 11(c) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1340(c) ) is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following: (4) An exploration plan submitted under this subsection shall not be eligible for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). . 9. Update of National Contingency Plan Not later than 6 months after the date of enactment of this Act, and at least every 5 years thereafter, the President shall update the National Contingency Plan required under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) and shall ensure that each update includes separate response plans for— (1) discharges of oil or other hazardous materials into or upon land; and (2) discharges of oil or other hazardous materials into or upon water. | https://www.govinfo.gov/content/pkg/BILLS-113hr1820ih/xml/BILLS-113hr1820ih.xml |
113-hr-1821 | I 113th CONGRESS 1st Session H. R. 1821 IN THE HOUSE OF REPRESENTATIVES April 30, 2013 Mrs. Capps (for herself and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for patient protection by establishing safe nurse staffing levels at certain Medicare providers, and for other purposes.
1. Short title This Act may be cited as the Registered Nurse Safe Staffing Act of 2013 . 2. Findings Congress makes the following findings: (1) Research shows that patient safety in hospitals is directly proportionate to the number of registered nurses working in the hospital. Higher staffing levels by experienced registered nurses are related to lower rates of negative patient outcomes. (2) A 2011 study on nurse staffing and inpatient hospital mortality shows that sub-optimal nurse staffing is linked with a greater likelihood of patient death in the hospital. A 2012 study of serious patient events reported to the Joint Commission demonstrates that one of the leading causes of all hospital sentinel events is human factors, including staffing and staffing skill mix. (3) Health care worker fatigue has been identified as a major patient safety hazard, and appropriate staffing policies and practices are indicated as an effective strategy to reduce health care worker fatigue and to protect patients. A national survey of registered nurses found that 74 percent experience acute or chronic effects of stress and overwork. (4) A strategy that ensures optimal nurse staffing and skill mix greatly influences patient satisfaction and results in greater overall savings to hospitals through reductions in adverse patient events. (5) A 2009 study demonstrated that improved patient satisfaction due to increased and appropriate nurse staffing is reflected on hospital scores on HCAHPS, which is a key measure for value-based payment programs under the Medicare program and used by other payors. (6) Registered nurses play a vital role in preventing patient care errors. A 2009 study found that sufficient staffing of critical care nurses can prevent adverse patient events, which can cost anywhere from $2,200,000 to $13,200,000. By contrast, the nurse staffing costs in the study time period were only $1,360,000. (7) Higher nurse staffing also generates cost savings to payors, as demonstrated in a 2011 cost-benefit analysis that weighed registered nursing personnel costs against emergency department utilization after patient discharge from a hospital. (8) A 2012 study of Pennsylvania hospitals shows that by reducing nurse burnout, which is attributed in part to poor nurse staffing, those hospitals could prevent an estimated 4,160 infections with an associated savings of $41,000,000. That study also found that for each additional patient assigned to a registered nurse for care, there is an incidence of roughly one additional catheter-acquired urinary tract infection per 1,000 patients or 1,351 infections per year, costing those hospitals as much as $1,100,000 annually. (9) When hospitals employ insufficient numbers of nursing staff, registered nurses are being required to perform professional services under conditions that do not support quality health care or a healthful work environment for registered nurses. (10) As a payor for inpatient and outpatient hospital services furnished to Medicare beneficiaries, the Federal Government has a compelling interest in promoting the safety of these patients by requiring any hospital participating in the Medicare program to establish minimum safe staffing levels for registered nurses. 3. Establishment of safe nurse staffing levels by Medicare participating hospitals (a) Requirement of medicare provider agreement Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking and at the end; (2) in subparagraph (W), as added by section 3005 of the Patient Protection and Affordable Care Act ( Public Law 111–148 )— (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end; (3) in subparagraph (W), as added by section 6406(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 )— (A) by moving such subparagraph 2 ems to the left; (B) by redesignating such subparagraph as subparagraph (X); and (C) by striking the period at the end and inserting , and ; and (4) by inserting after subparagraph (X), as redesignated by paragraph (3)(B), the following new subparagraph: (Y) in the case of a hospital (as defined in section 1861(e)), to meet the requirements of section 1899B. . (b) Requirements Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: 1899B. Nurse staffing requirements for Medicare participating hospitals (a) Implementation of nurse staffing plan (1) In general Each participating hospital shall implement a hospital-wide staffing plan for nursing services furnished in the hospital. (2) Requirement for development of staffing plan by hospital nurse staffing committee The hospital-wide staffing plan for nursing services implemented by a hospital pursuant to paragraph (1)— (A) shall be developed by the hospital nurse staffing committee established under subsection (b); and (B) shall require that an appropriate number of registered nurses provide direct patient care in each unit and on each shift of the hospital to ensure staffing levels that— (i) address the unique characteristics of the patients and hospital units; and (ii) result in the delivery of safe, quality patient care, consistent with the requirements under subsection (c). (b) Hospital nurse staffing committee (1) Establishment Each participating hospital shall establish a hospital nurse staffing committee (hereinafter in this section referred to as the Committee ). (2) Composition A Committee established pursuant to this subsection shall be composed of members as follows: (A) Minimum 55 percent nurse participation Not less than 55 percent of the members of the Committee shall be registered nurses who provide direct patient care but who are neither hospital nurse managers nor part of the hospital administration staff. (B) Inclusion of hospital nurse managers The Committee shall include members who are hospital nurse managers. (C) Inclusion of nurses from specialty units The members of the Committee shall include at least 1 registered nurse who provides direct care from each nurse specialty or unit of the hospital (each such specialty or unit as determined by the hospital). (D) Other hospital personnel The Committee shall include such other personnel of the hospital as the hospital determines to be appropriate. (3) Duties (A) Development of staffing plan The Committee shall develop a hospital-wide staffing plan for nursing services furnished in the hospital consistent with the requirements under subsection (c). (B) Review and modification of staffing plan The Committee shall— (i) conduct regular, ongoing monitoring of the implementation of the hospital-wide staffing plan for nursing services furnished in the hospital; (ii) carry out evaluations of the hospital-wide staffing plan for nursing services at least annually; and (iii) make such modifications to the hospital-wide staffing plan for nursing services as may be appropriate. (C) Additional duties The Committee shall— (i) develop policies and procedures for overtime requirements of registered nurses providing direct patient care and for appropriate time and manner of relief of such registered nurses during routine absences; and (ii) carry out such additional duties as the Committee determines to be appropriate. (c) Staffing plan requirements (1) Plan requirements Subject to paragraph (2), a hospital-wide staffing plan for nursing services developed and implemented under this section shall— (A) be based upon input from the registered nurse staff of the hospital who provide direct patient care or their exclusive representatives, as well as the chief nurse executive; (B) be based upon the number of patients and the level and variability of intensity of care to be provided to those patients, with appropriate consideration given to admissions, discharges, and transfers during each shift; (C) take into account contextual issues affecting nurse staffing and the delivery of care, including architecture and geography of the environment and available technology; (D) take into account the level of education, training, and experience of those registered nurses providing direct patient care; (E) take into account the staffing levels and services provided by other health care personnel associated with nursing care, such as certified nurse assistants, licensed vocational nurses, licensed psychiatric technicians, nursing assistants, aides, and orderlies; (F) take into account staffing levels recommended by specialty nursing organizations; (G) establish upwardly adjustable minimum ratios of direct care registered nurses to patients for each unit and for each shift of the hospital, based upon an assessment by registered nurses of the level and variability of intensity of care required by patients under existing conditions; (H) take into account unit and facility level staffing, quality and patient outcome data, and national comparisons, as available; (I) ensure that a registered nurse shall not be assigned to work in a particular unit of the hospital without first having established the ability to provide professional care in such unit; and (J) provide for exemptions from some or all requirements of the hospital-wide staffing plan for nursing services during a declared state of emergency (as defined in subsection (l)(1)) if the hospital is requested or expected to provide an exceptional level of emergency or other medical services. (2) Limitation A hospital-wide staffing plan for nursing services developed and implemented under this section— (A) shall not preempt any registered-nurse staffing levels established under State law or regulation; and (B) may not utilize any minimum number of registered nurses established under paragraph (1)(G) as an upper limit on the nurse staffing of the hospital to which such minimum number applies. (d) Reporting and release to public of certain staffing information (1) Requirements for hospitals Each participating hospital shall— (A) post daily for each shift, in a clearly visible place, a document that specifies in a uniform manner (as prescribed by the Secretary) the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital, identifying specifically the number of registered nurses; (B) upon request, make available to the public— (i) the nursing staff information described in subparagraph (A); (ii) a detailed written description of the hospital-wide staffing plan implemented by the hospital pursuant to subsection (a); and (iii) not later than 90 days after the date on which an evaluation is carried out by the Committee under subsection (b)(3)(B)(ii), a copy of such evaluation; and (C) not less frequently than quarterly, submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subparagraph (A) through electronic data submission. (2) Secretarial responsibilities The Secretary shall— (A) make the information submitted pursuant to paragraph (1)(C) publicly available in a comprehensible format (as described in subsection (e)(2)(D)(ii)), including by publication on the Hospital Compare Internet Web site of the Department of Health and Human Services; and (B) provide for the auditing of such information for accuracy as a part of the process of determining whether the participating hospital is in compliance with the conditions of its agreement with the Secretary under section 1866, including under subsection (a)(1)(Y) of such section. (e) Recordkeeping; collection and reporting of quality data; evaluation (1) Recordkeeping Each participating hospital shall maintain for a period of at least 3 years (or, if longer, until the conclusion of any pending enforcement activities) such records as the Secretary deems necessary to determine whether the hospital has implemented a hospital-wide staffing plan for nursing services pursuant to subsection (a). (2) Collection and reporting of quality data on nursing services (A) In general The Secretary shall require the collection, aggregation, maintenance, and reporting of quality data relating to nursing services furnished by each participating hospital. (B) Use of endorsed measures In carrying out this paragraph, the Secretary shall use only quality measures for nursing-sensitive care that are endorsed by the consensus-based entity with a contract under section 1890(a). (C) Use of qualified third-party entities for collection and submission of data (i) In general A participating hospital may enter into agreements with third-party entities that have demonstrated expertise in the collection and submission of quality data on nursing services to collect, aggregate, maintain, and report the quality data of the hospital pursuant to subparagraph (A). (ii) Construction Nothing in clause (i) shall be construed to excuse or exempt a participating hospital that has entered into an agreement described in such clause from compliance with requirements for quality data collection, aggregation, maintenance, and reporting imposed under this paragraph. (D) Reporting of quality data (i) Publication on hospital compare web site Subject to the succeeding provisions of this subparagraph, the Secretary shall make the data submitted pursuant to subparagraph (A) publicly available, including by publication on the Hospital Compare Internet Web site of the Department of Health and Human Services. (ii) Comprehensible format Data made available to the public under clause (i) shall be presented in a clearly understandable format that permits consumers of hospital services to make meaningful comparisons among hospitals, including concise explanations in plain English of how to interpret the data, of the difference in types of nursing staff, of the relationship between nurse staffing levels and quality of care, and of how nurse staffing may vary based on patient case mix. (iii) Opportunity to correct errors The Secretary shall establish a process under which participating hospitals may review data submitted to the Secretary pursuant to subparagraph (A) to correct errors, if any, contained in that data submission before making the data available to the public under clause (i). (3) Evaluation of data The Secretary shall provide for the analysis of quality data collected from participating hospitals under paragraph (2) in order to evaluate the effect of hospital-wide staffing plans for nursing services implemented pursuant to subsection (a) on— (A) patient outcomes that are nursing sensitive (such as pressure ulcers, fall occurrence, falls resulting in injury, length of stay, and central line catheter infections); and (B) nursing workforce safety and retention (including work-related injury, staff skill mix, nursing care hours per patient day, vacancy and voluntary turnover rates, overtime rates, use of temporary agency personnel, and nurse satisfaction). (f) Refusal of assignment A nurse may refuse to accept an assignment as a nurse in a participating hospital, or in a unit of a participating hospital, if— (1) the assignment is in violation of the hospital-wide staffing plan for nursing services implemented pursuant to subsection (a); or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (g) Enforcement (1) Responsibility The Secretary shall enforce the requirements and prohibitions of this section in accordance with the succeeding provisions of this subsection. (2) Procedures for receiving and investigating complaints The Secretary shall establish procedures under which— (A) any person may file a complaint that a participating hospital has violated a requirement of or a prohibition under this section; and (B) such complaints are investigated by the Secretary. (3) Remedies Except as provided in paragraph (5), if the Secretary determines that a participating hospital has violated a requirement of this section, the Secretary— (A) shall require the hospital to establish a corrective action plan to prevent the recurrence of such violation; and (B) may impose civil money penalties under paragraph (4). (4) Civil money penalties (A) In general In addition to any other penalties prescribed by law, the Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of a requirement of this section, except that the Secretary shall impose a civil money penalty of more than $10,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). (B) Procedures The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A. (C) Public notice of violations (i) Internet web site The Secretary shall publish on an appropriate Internet Web site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this section, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. (ii) Change of ownership With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet Web site after the 1-year period beginning on the date of the change in ownership. (5) Penalty for failure to collect and report quality data on nursing services (A) In general In the case of a participating hospital that fails to comply with requirements under subsection (e)(2) to collect, aggregate, maintain, and report quality data relating to nursing services furnished by the hospital, instead of the remedies described in paragraph (3), the provisions of subparagraph (B) shall apply with respect to each such failure of the participating hospital. (B) Penalty In the case of a failure by a participating hospital to comply with the requirements under subsection (e)(2) for a year, each such failure shall be deemed to be a failure to submit data required under section 1833(t)(17)(A), section 1886(b)(3)(B)(viii), section 1886(j)(7)(A), or section 1886(m)(5)(A), as the case may be, with respect to the participating hospital involved for that year. (h) Whistleblower protections (1) Prohibition of discrimination and retaliation A participating hospital shall not discriminate or retaliate in any manner against any patient or employee of the hospital because that patient or employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to— (A) the hospital-wide staffing plan for nursing services developed and implemented under this section; or (B) any right, other requirement or prohibition under this section, including a refusal to accept an assignment described in subsection (f). (2) Relief for prevailing employees An employee of a participating hospital who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States district court and shall be entitled to reinstatement, reimbursement for lost wages, and work benefits caused by the unlawful acts of the employing hospital. Prevailing employees are entitled to reasonable attorney’s fees and costs associated with pursuing the case. (3) Relief for prevailing patients A patient who has been discriminated or retaliated against in violation of this subsection may initiate judicial action in a United States district court. A prevailing patient shall be entitled to liquidated damages of $5,000 for a violation of this statute in addition to any other damages under other applicable statutes, regulations, or common law. Prevailing patients are entitled to reasonable attorney’s fees and costs associated with pursuing the case. (4) Limitation on actions No action may be brought under paragraph (2) or (3) more than 2 years after the discrimination or retaliation with respect to which the action is brought. (5) Treatment of adverse employment actions For purposes of this subsection— (A) an adverse employment action shall be treated as discrimination or retaliation; and (B) the term adverse employment action includes— (i) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; (ii) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and (iii) a personnel action that is adverse to the individual concerned. (i) Relationship to state laws Nothing in this section shall be construed as exempting or relieving any person from any liability, duty, penalty, or punishment provided by the law of any State or political subdivision of a State, other than any such law which purports to require or permit any action prohibited under this title. (j) Relationship to conduct prohibited under the national labor relations act or other collective bargaining laws Nothing in this section shall be construed as— (1) permitting conduct prohibited under the National Labor Relations Act or under any other Federal, State, or local collective bargaining law; or (2) preempting, limiting, or modifying a collective bargaining agreement entered into by a participating hospital. (k) Regulations (1) In general The Secretary shall promulgate such regulations as are appropriate and necessary to implement this section. (2) Implementation (A) In general Except as provided in subparagraph (B), as soon as practicable but not later than 2 years after the date of the enactment of this section, a participating hospital shall have implemented a hospital-wide staffing plan for nursing services under this section. (B) Special rule for rural hospitals In the case of a participating hospital located in a rural area (as defined in section 1886(d)(2)(D)), such participating hospital shall have implemented a hospital-wide staffing plan for nursing services under this section as soon as practicable but not later than 4 years after the date of the enactment of this section. (l) Definitions In this section: (1) Declared state of emergency The term declared state of emergency means an officially designated state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. (2) Participating hospital The term participating hospital means a hospital (as defined in section 1861(e)) that has entered into a provider agreement under section 1866. (3) Person The term person means one or more individuals, associations, corporations, unincorporated organizations, or labor unions. (4) Registered nurse The term registered nurse means an individual who has been granted a license to practice as a registered nurse in at least 1 State. (5) Shift The term shift means a scheduled set of hours or duty period to be worked at a participating hospital. (6) Unit The term unit means, with respect to a hospital, an organizational department or separate geographic area of a hospital, including a burn unit, a labor and delivery room, a post-anesthesia service area, an emergency department, an operating room, a pediatric unit, a stepdown or intermediate care unit, a specialty care unit, a telemetry unit, a general medical care unit, a subacute care unit, and a transitional inpatient care unit. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1821ih/xml/BILLS-113hr1821ih.xml |
113-hr-1822 | I 113th CONGRESS 1st Session H. R. 1822 IN THE HOUSE OF REPRESENTATIVES April 30, 2013 Ms. Chu (for herself, Ms. Linda T. Sánchez of California , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend the authorization period for certain uses of funds from the San Gabriel Basin Restoration Fund.
1. San Gabriel Basin restoration (a) Extension Section 110(a)(3)(A)(ii) of division B of the Miscellaneous Appropriations Act, 2001 (as enacted into law by section 1(a)(4) of Public Law 106–554 ) is amended by striking 10 and inserting 15 . (b) Effective date The amendment made by subsection (a) shall apply to any project constructed under Section 110 of such Act before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1822ih/xml/BILLS-113hr1822ih.xml |
113-hr-1823 | I 113th CONGRESS 1st Session H. R. 1823 IN THE HOUSE OF REPRESENTATIVES April 30, 2013 Mr. Heck of Nevada (for himself and Mr. Amodei ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the importation or exportation of mussels of a certain genus, and for other purposes.
1. Short title This Act may be cited as the Protecting Lakes Against Quaggas Act of 2013 or as the PLAQ Act of 2013 . 2. In general Section 42(a)(1) of title 18, United States Code, is amended— (1) by striking of the zebra mussel of the species Dreissena polymorpha; ; and (2) by inserting after Hypophthalmichthys nobilis; the following: of the species of mussels of the genus Dreissena . | https://www.govinfo.gov/content/pkg/BILLS-113hr1823ih/xml/BILLS-113hr1823ih.xml |
113-hr-1824 | I 113th CONGRESS 1st Session H. R. 1824 IN THE HOUSE OF REPRESENTATIVES April 30, 2013 Ms. Meng (for herself, Mr. Lance , Mr. Cárdenas , Mr. Conyers , Mr. DeFazio , Ms. Gabbard , Mr. Higgins , Mr. Horsford , Mr. Jones , Ms. Kuster , Mr. Maffei , Mr. McIntyre , Mr. O’Rourke , Ms. Sinema , Mrs. Kirkpatrick , Ms. Slaughter , and Mr. Barber ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to submit to Congress an annual report on the performance of the regional offices of the Department of Veterans Affairs.
1. Short title This Act may be cited as the VA Regional Office Accountability Act . 2. Annual report on performance of regional offices of the Department of Veterans Affairs Section 7734 of title 38, United States Code, is amended— (1) in the first sentence, by inserting before the period the following: and on the performance of any regional office that fails to meet its administrative goals ; (2) in paragraph (2), by striking and ; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following new paragraph (3): (3) in the case of any regional office that, for the year covered by the report, did not meet the administrative goal of no claim pending for more than 125 days and an accuracy rating of 98 percent— (A) a signed statement prepared by the individual serving as director of the regional office as of the date of the submittal of the report containing— (i) an explanation for why the regional office did not meet the goal; (ii) a description of the additional resources needed to enable the regional office to reach the goal; and (iii) a description of any additional actions planned for the subsequent year that are proposed to enable the regional office to meet the goal; and (B) a statement prepared by the Under Secretary for Benefits explaining how the failure of the regional office to meet the goal affected the performance evaluation of the director of the regional office; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr1824ih/xml/BILLS-113hr1824ih.xml |
113-hr-1825 | I 113th CONGRESS 1st Session H. R. 1825 IN THE HOUSE OF REPRESENTATIVES May 3, 2013 Mr. Benishek (for himself, Mr. Amodei , Mr. Gosar , Mr. Young of Alaska , Mr. Buchanan , Mr. Simpson , Ms. Jenkins , Mr. Hanna , Mr. Daines , and Mr. Hudson ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct Federal public land management officials to exercise their authority under existing law to facilitate use of and access to Federal public lands for fishing, sport hunting, and recreational shooting, and for other purposes.
1. Short title This Act may be cited as the Recreational Fishing and Hunting Heritage and Opportunities Act . 2. Findings Congress finds that— (1) recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2) recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3) recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal public lands and waters without adverse effects on other uses or users; (4) recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5) recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, and stamps, as well as excise taxes on fishing, hunting, and shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6) recreational shooting is also an important and traditional activity in which millions of Americans participate, safe recreational shooting is a valid use of Federal public lands, including the establishment of safe and convenient shooting ranges on such lands, and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (7) opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (8) the public interest would be served, and our citizens’ fish and wildlife resources benefitted, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal public land as recognized by Executive Order No. 12962, relating to recreational fisheries, and Executive Order No. 13443, relating to facilitation of hunting heritage and wildlife conservation. 3. Definitions In this Act: (1) Federal public land The term Federal public land means any land or water that is owned and managed by the Bureau of Land Management or the Forest Service. (2) Federal public land management officials The term Federal public land management officials means— (A) the Secretary of the Interior and Director of Bureau of Land Management regarding Bureau of Land Management lands and waters; and (B) the Secretary of Agriculture and Chief of the Forest Service regarding the National Forest System. (3) Hunting (A) In general Except as provided in subparagraph (B), the term hunting means use of a firearm, bow, or other authorized means in the lawful— (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or (iii) the training of hunting dogs, including field trials. (B) Exclusion The term hunting does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law). (4) Recreational fishing The term recreational fishing means the lawful— (A) pursuit, capture, collection, or killing of fish; or (B) attempt to capture, collect, or kill fish. (5) Recreational shooting The term recreational shooting means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. 4. Recreational fishing, hunting, and shooting (a) In general Subject to valid existing rights and subsection (g), and cooperation with the respective State fish and wildlife agency, Federal public land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, sport hunting, and recreational shooting, except as limited by— (1) statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (2) any other Federal statute that specifically precludes recreational fishing, hunting, or shooting on specific Federal public lands, waters, or units thereof; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b) Management Consistent with subsection (a), the head of each Federal public land management agency shall exercise its land management discretion— (1) in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (c) Planning (1) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or shooting Federal public land planning documents, including land resources management plans, resource management plans, and comprehensive conservation plans, shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting. (2) No major federal action No action taken under this Act, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd ), either individually or cumulatively with other actions involving Federal public lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required. (3) Other activity not considered Federal public land management officials are not required to consider the existence or availability of recreational fishing, hunting, or shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal public lands are open for these activities or in the setting of levels of use for these activities on Federal public lands, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (d) Federal public lands (1) Lands open Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing Federal agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interest, national security, or compliance with other law. (2) Shooting ranges (A) In general The head of each Federal agency shall use his or her authorities in a manner consistent with this Act and other applicable law, to— (i) lease or permit use of lands under the jurisdiction of the agency for shooting ranges; and (ii) designate specific lands under the jurisdiction of the agency for recreational shooting activities. (B) Limitation on liability Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (e) Necessity in wilderness areas and within and supplemental to wilderness purposes (1) Minimum requirements for administration The provision of opportunities for hunting, fishing and recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that this determination shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act ( 16 U.S.C. 1131 et seq. ), or permanent road construction or maintenance within designated wilderness areas. (2) Application of Wilderness Act Provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), stipulating that wilderness purposes are within and supplemental to the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, the head of each Federal agency shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or use within designated wilderness areas. (f) Report Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the head of each Federal agency who has authority to manage Federal public land on which fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) any Federal public land administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and (2) the reason for the closure. (g) Closures or significant restrictions of 640 or more acres (1) In general Other than closures established or prescribed by land planning actions referred to in subsection (d) or emergency closures described in paragraph (3) of this subsection, a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land that effectively closes or significantly restricts 640 or more contiguous acres of Federal public land to access or use for fishing or hunting or activities related to fishing, hunting, or both, shall take effect only if, before the date of withdrawal or change, the head of the Federal agency that has jurisdiction over the Federal public land— (A) publishes appropriate notice of the withdrawal or change, respectively; (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and (C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (2) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts 1,280 or more acres of land or water, such withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1). (3) Emergency closures Nothing in this Act prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this Act. (h) National park service units not affected Nothing in this Act shall affect or modify management or use of units of the National Park System. (i) No priority Nothing in this Act requires a Federal land management agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (j) Consultation with councils In fulfilling the duties set forth in this Act, the heads of Federal agencies shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443. (k) Authority of the States (1) In general Nothing in this Act shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (2) Federal licenses Nothing in this Act shall be construed to authorize the head of a Federal agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States, except that this paragraph shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1825ih/xml/BILLS-113hr1825ih.xml |
113-hr-1826 | I 113th CONGRESS 1st Session H. R. 1826 IN THE HOUSE OF REPRESENTATIVES May 3, 2013 Mr. McCaul (for himself, Mr. Amash , Mr. Chaffetz , Mr. McKinley , and Mr. Brady of Texas ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the use of Federal funds for real property or for a project or program named for an individual then serving as a Member of Congress, including a Delegate or Resident Commissioner to Congress, or as President.
1. Short title This Act may be cited as the No Monuments to Me Act of 2013 . 2. Prohibition on certain Federal funds (a) In general No Federal funds may be used for real property (including structures, buildings, or other infrastructure) or for a project or program named for an individual then serving as a Member of Congress, including a Delegate or Resident Commissioner to the Congress, or as President. (b) Exception This section shall not apply with respect to any Presidential library. 3. Applicability Section 2 shall not apply with respect to any project or program commenced, or any real property named, prior to the date of the enactment of this Act, regardless of whether the authorization for such project or program or for the use of such real property has expired. | https://www.govinfo.gov/content/pkg/BILLS-113hr1826ih/xml/BILLS-113hr1826ih.xml |
113-hr-1827 | I 113th CONGRESS 1st Session H. R. 1827 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Courtney (for himself, Mr. Tonko , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to extend through fiscal year 2018 the authorization for certain health care workforce loan repayment programs.
1. Short title This Act may be cited as the Pediatric Subspecialty and Mental Health Workforce Reauthorization Act of 2013 . 2. Extension of certain health care workforce loan repayment programs through fiscal year 2018 Section 775(e) of the Public Health Service Act ( 42 U.S.C. 295f(e) ) is amended— (1) by striking 2014 and inserting 2018 ; and (2) by striking 2013 and inserting 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1827ih/xml/BILLS-113hr1827ih.xml |
113-hr-1828 | I 113th CONGRESS 1st Session H. R. 1828 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Courtney (for himself, Ms. DeLauro , Mr. Fitzpatrick , Mr. Himes , Mr. Larson of Connecticut , Mr. McIntyre , Mr. Meehan , Mr. Thompson of Pennsylvania , Mr. Tonko , and Ms. Esty ) 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 extend public safety officers’ death benefits to fire police officers.
1. Short title This Act may be cited as the Fire Police Fairness Act . 2. Extending public safety officer death benefits to fire police Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b ) is amended— (1) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively; (2) in paragraph (10)(A) (as so redesignated by paragraph (1) of this section), by inserting as a fire police officer, after firefighter, ; and (3) by inserting after paragraph (4) the following new paragraph: (5) fire police officer includes an individual who— (A) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency but is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew described in paragraph (10)(A); and (B) provides scene security or directs traffic— (i) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or (ii) at a planned special event; . | https://www.govinfo.gov/content/pkg/BILLS-113hr1828ih/xml/BILLS-113hr1828ih.xml |
113-hr-1829 | I 113th CONGRESS 1st Session H. R. 1829 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mrs. Capito (for herself, Mr. Barr , Mr. Shimkus , Mrs. Lummis , Mr. Stivers , Mrs. Wagner , Mr. Johnson of Ohio , Mr. Griffith of Virginia , Mr. Whitfield , Mr. McKinley , and Mr. Latta ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes.
1. Short title This Act may be cited as the Coal Jobs Protection Act of 2013 . 2. National Pollutant Discharge Elimination System (a) Applicability of guidance Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Applicability of guidance (1) Definitions In this subsection: (A) Guidance (i) In general The term guidance means draft, interim, or final guidance issued by the Administrator. (ii) Inclusions The term guidance includes— (I) the comprehensive guidance issued by the Administrator and dated April 1, 2010; (II) the proposed guidance entitled Draft Guidance on Identifying Waters Protected by the Clean Water Act and dated April 28, 2011; (III) the final guidance proposed by the Administrator and dated July 21, 2011; and (IV) any other document or paper issued by the Administrator through any process other than the notice and comment rulemaking process. (B) New permit The term new permit means a permit covering discharges from a structure— (i) that is issued under this section by a permitting authority; and (ii) for which an application is— (I) pending as of the date of enactment of this subsection; or (II) filed on or after the date of enactment of this subsection. (C) Permitting authority The term permitting authority means— (i) the Administrator; or (ii) a State, acting pursuant to a State program that is equivalent to the program under this section and approved by the Administrator. (2) Permits (A) In general Notwithstanding any other provision of law, in making a determination whether to approve a new permit or a renewed permit, the permitting authority— (i) shall base the determination only on compliance with regulations issued by the Administrator or the permitting authority; and (ii) shall not base the determination on the extent of adherence of the applicant for the new permit or renewed permit to guidance. (B) New permits If the permitting authority does not approve or deny an application for a new permit by the date that is 270 days after the date of receipt of the application for the new permit, the applicant may operate as if the application were approved in accordance with Federal law for the period of time for which a permit from the same industry would be approved. (C) Substantial completeness In determining whether an application for a new permit or a renewed permit received under this paragraph is substantially complete, the permitting authority shall use standards for determining substantial completeness of similar permits for similar facilities submitted in fiscal year 2007. . (b) State permit programs (1) In general Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by striking subsection (b) and inserting the following: (b) State permit programs (1) In general At any time after the promulgation of the guidelines required by section 304(I)(2), the Governor of each State desiring to administer a permit program for discharges into navigable waters within the jurisdiction of the State may submit to the Administrator— (A) a full and complete description of the program the State proposes to establish and administer under State law or under an interstate compact; and (B) a statement from the attorney general (or the attorney for those State water pollution control agencies that have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of the State, or the interstate compact, as applicable, provide adequate authority to carry out the described program. (2) Approval The Administrator shall approve each program for which a description is submitted under paragraph (1) unless the Administrator determines that adequate authority does not exist— (A) to issue permits that— (i) apply, and ensure compliance with, any applicable requirements of sections 301, 302, 306, 307, and 403; (ii) are for fixed terms not exceeding 5 years; (iii) can be terminated or modified for cause including— (I) a violation of any condition of the permit; (II) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and (III) a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; and (iv) control the disposal of pollutants into wells; (B) (i) to issue permits that apply, and ensure compliance with, all applicable requirements of section 308; or (ii) to inspect, monitor, enter, and require reports to at least the same extent as required in section 308; (C) to ensure that the public, and any other State the waters of which may be affected, receives notice of each application for a permit and an opportunity for a public hearing before a ruling on each application; (D) to ensure that the Administrator receives notice and a copy of each application for a permit; (E) to ensure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State and the Administrator with respect to any permit application and, if any part of the written recommendations are not accepted by the permitting State, that the permitting State will notify the affected State and the Administrator in writing of the failure of the State to accept the recommendations, including the reasons for not accepting the recommendations; (F) to ensure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired by the issuance of the permit; (G) to abate violations of the permit or the permit program, including civil and criminal penalties and other means of enforcement; (H) to ensure that any permit for a discharge from a publicly owned treatment works includes conditions to require the identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 307(b) into the treatment works and a program to ensure compliance with those pretreatment standards by each source, in addition to adequate notice, which shall include information on the quality and quantity of effluent to be introduced into the treatment works and any anticipated impact of the change in the quantity or quality of effluent to be discharged from the publicly owned treatment works, to the permitting agency of— (i) new introductions into the treatment works of pollutants from any source that would be a new source as defined in section 306 if the source were discharging pollutants; (ii) new introductions of pollutants into the treatment works from a source that would be subject to section 301 if the source were discharging those pollutants; or (iii) a substantial change in volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of the permit; and (I) to ensure that any industrial user of any publicly owned treatment works will comply with sections 204(b), 307, and 308. (3) Administration Notwithstanding paragraph (2), the Administrator may not disapprove or withdraw approval of a program under this subsection on the basis of the following: (A) The failure of the program to incorporate or comply with guidance (as defined in subsection (s)(1)). (B) The implementation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c). . (2) Conforming amendments (A) Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended— (i) in subsection (c)— (I) in paragraph (1)(A), by striking 402(b)(8) and inserting 402(b)(2)(H) ; and (II) in paragraph (2)(A), by striking 402(b)(8) and inserting 402(b)(2)(H) ; and (ii) in subsection (d), in the first sentence, by striking 402(b)(8) and inserting 402(b)(2)(H) . (B) Section 402(m) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(m) ) is amended in the first sentence by striking subsection (b)(8) of this section and inserting subsection (b)(2)(H) . (c) Suspension of Federal program Section 402(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(c) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Limitation on disapproval Notwithstanding paragraphs (1) through (3), the Administrator may not disapprove or withdraw approval of a State program under subsection (b) on the basis of the failure of the following: (A) The failure of the program to incorporate or comply with guidance (as defined in subsection (s)(1)). (B) The implementation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c). . (d) Notification of Administrator Section 402(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(d)(2) ) is amended— (1) by striking (2) No and inserting the following: (2) Objection by Administrator (A) In general Subject to subparagraph (C), no permit shall issue if— (i) not later than 90 days after the date on which the Administrator receives notification under subsection (b)(2)(E), the Administrator objects in writing to the issuance of the permit; or (ii) not later than 90 days after the date on which the proposed permit of the State is transmitted to the Administrator, the Administrator objects in writing to the issuance of the permit as being outside the guidelines and requirements of this Act. ; (2) in the second sentence, by striking Whenever the Administrator and inserting the following: (B) Requirements If the Administrator ; and (3) by adding at the end the following: (C) Exception The Administrator shall not object to or deny the issuance of a permit by a State under subsection (b) or (s) based on the following: (i) Guidance, as that term is defined in subsection (s)(1). (ii) The Administrator’s interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c). . 3. Permits for dredged or fill material (a) In general Section 404(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(a) ) is amended— (1) by striking the section heading and all that follows through Sec . 404. (a) The Secretary may issue and inserting the following: 404. Permits for dredged or fill material (a) Permits (1) In general The Secretary may issue ; and (2) by adding at the end the following: (2) Deadline for approval (A) Permit applications (i) In general Except as provided in clause (ii), if an environmental assessment or environmental impact statement, as appropriate, is required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Secretary shall— (I) begin the process not later than 90 days after the date on which the Secretary receives a permit application; and (II) approve or deny an application for a permit under this subsection not later than the latter of— (aa) if an agency carries out an environmental assessment that leads to a finding of no significant impact, the date on which the finding of no significant impact is issued; or (bb) if an agency carries out an environmental assessment that leads to a record of decision, 15 days after the date on which the record of decision on an environmental impact statement is issued. (ii) Processes Notwithstanding clause (i), regardless of whether the Secretary has commenced an environmental assessment or environmental impact statement by the date described in clause (i)(I), the following deadlines shall apply: (I) An environmental assessment carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be completed not later than 1 year after the deadline for commencing the permit process under clause (i)(I). (II) An environmental impact statement carried out under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be completed not later than 2 years after the deadline for commencing the permit process under clause (i)(I). (B) Failure to act If the Secretary fails to act by the deadline specified in clause (i) or (ii) of subparagraph (A)— (i) the application, and the permit requested in the application, shall be considered to be approved; (ii) the Secretary shall issue a permit to the applicant; and (iii) the permit shall not be subject to judicial review. . (b) State Permitting Programs (1) Authority of EPA Administrator Section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ) is amended by striking (c) and inserting the following: (c) Authority of EPA Administrator (1) Possible prohibition of specification Until such time as the Secretary has issued a permit under this section, the Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary. The Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection. (2) Authority of State permitting programs Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator’s determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1). . (c) State Programs The first sentence of section 404(g)(1) of such Act ( 33 U.S.C. 1344(g)(1) ) is amended by striking for the discharge and inserting for some or all of the discharges . 4. Impacts of EPA regulatory activity on employment and economic activity (a) Analysis of impacts of actions on employment and economic activity (1) Analysis Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity. (2) Economic models (A) In general In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual GAO report Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information With respect to any covered action, the Administrator shall— (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public hearings (1) In general If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall give notice of such impact to the State’s Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered action The term covered action means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act ( 33 U.S.C. 1201 et seq. ): (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact The term more than a de minimis negative impact means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. 5. Identification of waters protected by the Clean Water Act (a) In general The Secretary of the Army and the Administrator of the Environmental Protection Agency may not— (1) finalize, adopt, implement, administer, or enforce the proposed guidance described in the notice of availability and request for comments entitled EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 (May 2, 2011)); and (2) use the guidance described in paragraph (1), any successor document, or any substantially similar guidance made publicly available on or after December 3, 2008, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) or any rulemaking. (b) Rules The use of the guidance described in subsection (a)(1), or any successor document or substantially similar guidance made publicly available on or after December 3, 2008, as the basis for any rule shall be grounds for vacating the rule. 6. Limitations on authority to modify State water quality standards (a) State water quality standards Section 303(c)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(c)(4) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking (4) and inserting (4)(A) ; (3) by striking The Administrator shall promulgate and inserting the following: (B) The Administrator shall promulgate; and (4) by adding at the end the following: (C) Notwithstanding subparagraph (A)(ii), the Administrator may not promulgate a revised or new standard for a pollutant in any case in which the State has submitted to the Administrator and the Administrator has approved a water quality standard for that pollutant, unless the State concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of this Act. . (b) Federal licenses and permits Section 401(a) of such Act ( 33 U.S.C. 1341(a) ) is amended by adding at the end the following: (7) With respect to any discharge, if a State or interstate agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate determines under paragraph (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination. . 7. State authority to identify waters within its boundaries Section 303 of the Federal Water Pollution Control Act ( 33 U.S.C. 1313 ) is amended by striking subsection (d)(2) and inserting the following: (2) (A) Each State shall submit to the Administrator from time to time, with the first such submission not later than 180 days after the date of publication of the first identification of pollutants under section 304(a)(2)(D), the waters identified and the loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The Administrator shall approve the State identification and load or announce his disagreement with the State identification and load not later than 30 days after the date of submission and if— (i) the Administrator approves the identification and load submitted by the State in accordance with this subsection, such State shall incorporate them into its current plan under subsection (e); and (ii) the Administrator announces his disagreement with the identification and load submitted by the State in accordance with this subsection he shall submit, not later than 30 days after the date that the Administrator announces his disagreement with the State’s submission, to such State his written recommendation of those additional waters that he identifies and such loads for such waters as he believes are necessary to implement the water quality standards applicable to such waters. (B) Upon receipt of the Administrator’s recommendation the State shall within 30 days either— (i) disregard the Administrator’s recommendation in full and incorporate its own identification and load into its current plan under subsection (e); (ii) accept the Administrator’s recommendation in full and incorporate its identification and load as amended by the Administrator’s recommendation into its current plan under subsection (e); or (iii) accept the Administrator’s recommendation in part, identifying certain additional waters and certain additional loads proposed by the Administrator to be added to such State’s identification and load and incorporate the such State’s identification and load as amended into its current plan under subsection (e). (C) (i) If the Administrator fails to either approve the State identification and load or announce his disagreement with the State identification and load within the time specified in this subsection then such State’s identification and load is deemed approved and such State shall incorporate the identification and load that it submitted into its current plan under subsection (e). (ii) If the Administrator announces his disagreement with the State identification and load but fails to submit his written recommendation to the State within 30 days as required by subparagraph (A)(ii) then such State’s identification and load is deemed approved and such State shall incorporate the identification and load that it submitted into its current plan under subsection (e). (D) This section shall apply to any decision made by the Administrator under this subsection issued on or after March 1, 2013. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1829ih/xml/BILLS-113hr1829ih.xml |
113-hr-1830 | I 113th CONGRESS 1st Session H. R. 1830 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mrs. Capito (for herself, Ms. Castor of Florida , Ms. Bass , Mrs. Blackburn , Mr. Latham , Mr. Loebsack , Mr. Markey , Ms. Moore , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the establishment of a Commission to Accelerate the End of Breast Cancer.
1. Short title This Act may be cited as the Accelerating the End of Breast Cancer 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. Sec. 3. Findings. Sec. 4. Establishment. Sec. 5. Mission; duties. Sec. 6. Membership. Sec. 7. Chairperson and commissioners. Sec. 8. Coordination and nonduplication. Sec. 9. Evaluation of the commission. Sec. 10. Termination. 3. Findings The Congress finds the following: (1) In the United States, the chance of a woman developing breast cancer during her lifetime has increased from 1 in 11 in 1975 to 1 in 8 today. (2) Worldwide, breast cancer is the most frequently diagnosed cancer in women with 1.3 million cases each year and the leading cause of cancer death with more than 500,000 women dying from the disease in 2010. (3) More than 90 percent of deaths from breast cancer are caused by metastasis, when breast cancer has spread to other organs or bone. (4) The National Cancer Institute estimated that breast cancer care in the United States cost $16.5 billion in 2009 and cost the Nation $12.1 billion in lost productivity. (5) Very little has improved in terms of breast cancer incidence, morbidity, and mortality rates over the past 40 years. 4. Establishment The President shall establish a commission to be known as the Commission to Accelerate the End of Breast Cancer (in this Act referred to as the the Commission ). 5. Mission; duties (a) Mission The mission of the Commission shall be to help end breast cancer by January 1, 2020. (b) Duties The Commission shall— (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment, and (2) recommend projects to leverage such opportunities and ideas in the areas of— (A) the primary prevention of breast cancer; and (B) the causes and prevention of breast cancer metastasis. (c) Means In carrying out the duties described in subsection (b), the Commission shall— (1) identify revolutionary opportunities and ideas in fundamental and applied sciences and epidemiology with a focus on ending breast cancer; (2) identify timely opportunities and scientific discoveries which can be turned into real world strategies to prevent breast cancer and prevent breast cancer metastasis and deaths; (3) promote ideas that are intellectually compelling, innovative, and imaginative; (4) accelerate potential transformational scientific advances— (A) not being prioritized within the Federal Government, but which can help to achieve the mission described in subsection (a); and (B) unlikely to be achieved by the private sector due to technical and financial uncertainty; (5) identify promising, underdeveloped areas of research that would benefit from a cluster of government, industry, and academia forming innovation communities to rapidly advance knowledge into practice, while creating new opportunities for job creation and advancement; (6) identify opportunities for transdisciplinary cross-cutting collaborations; and (7) identify opportunities for seed grants to leverage identified opportunities and ideas. (d) Strategic vision Not later than 6 months after the appointment of the initial members of the Commission, the Commission shall submit to the President and the relevant authorizing and appropriations committees of the Congress a description of the Commission’s strategic vision for making progress in achieving the mission described in subsection (a) by January 1, 2020. (e) Annual reports The Commission shall submit an annual report to the President, the Congress, and the public describing the Commission’s activities under this section, including its progress in achieving the mission described in subsection (a). 6. Membership (a) Number; appointment The Commission shall be composed of not more than 10 members, of which— (1) not more than 8 shall be appointed by the President; (2) 1 shall be appointed by the Speaker of the House of Representatives; and (3) 1 shall be appointed by the majority leader of the Senate. (b) Composition (1) In general Each member of the Commission shall be appointed to represent one of the following 3 categories: (A) Representatives of varied disciplines within the biomedical research field. (B) Representatives of varied disciplines outside of the biomedical research field. (C) Educated patient advocates, meaning individuals who— (i) represent a patient-led, patient-centered organization with a patient constituency; (ii) have been personally affected by breast cancer; and (iii) are trained, knowledgeable, and prepared to participate in the decisionmaking process of science and medicine. (2) Representation of membership categories Of the members of the Commission— (A) at least 1 but not more than 3 shall be appointed to represent the category described in paragraph (1)(A); (B) at least 1 but not more than 3 shall be appointed to represent the category described in paragraph (1)(B); and (C) at least 2 but not more than 4 shall be appointed to represent the category described in paragraph (1)(C). (c) Initial members The initial members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms (1) In general Each member of the Commission shall be appointed for a term of 3 years and may be reappointed. (2) Vacancies Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Quorum Three members of the Commission shall constitute a quorum. 7. Chairperson and commissioners (a) Chairperson (1) Designation Of the members of the Commission appointed under section 6(a), the President shall at the time of appointment, designate one to serve as Chairperson of the Commission. (2) Qualifications The Chairperson shall be an individual who, by reason of professional background and experience, is especially qualified to manage areas of study pertaining to ending breast cancer by January 1, 2020. (3) Responsibilities The responsibilities of the Chairperson shall include— (A) approving all new study projects and areas of study of the Commission based on innovation, impact, and scientific and technical merit; (B) developing criteria (including milestones) for assessing, and overseeing assessment of, the success of the study projects and areas of study of the Commission; (C) identifying opportunities for seed grants and other funding through awards, prizes, grants, and contracts to achieve the mission described in section 5(a); and (D) terminating study projects and areas of study of the Commission that are not achieving the mission described in section 5(a). (b) Commissioners (1) In general The Chairperson of the Commission may appoint members of the Commission to oversee one or more areas of study of the Commission. (2) Responsibilities A member appointed under paragraph (1) shall, with respect to one or more areas of study, be responsible for— (A) recommending novel proposals, projects, and collaborations based on scientific and technical merit to achieve the mission described in section 5(a) with a focus on strategies for the primary prevention of breast cancer, and methods to prevent breast cancer metastasis; (B) identifying ideas and opportunities to achieve the mission described in section 5(a) that are intellectually compelling, innovative, and imaginative, including such ideas and opportunities not being prioritized for breast cancer relevance within Federal agencies or programs or the private sector; (C) working with other relevant Federal agencies to identify areas of concurrent interests in order to maximize Federal investment and stimulate collaborative projects; (D) identifying opportunities for transdisciplinary, cross-cutting collaborations; and (E) monitoring the progress of study projects and areas of study and recommending restructure or termination. 8. Coordination and nonduplication To the maximum extent practicable, the Commission shall ensure that the activities of the Commission are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. 9. Evaluation of the commission (a) In general The President shall seek to enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute, after the Commission has been in operation for 3 years, completes an evaluation of how well the Commission is making progress towards achieving the mission described in section 5(a). (b) Inclusions The evaluation under subsection (a) shall include— (1) a recommendation on whether the Commission should be continued or terminated; and (2) a description of lessons learned from operation of the Commission. (c) Availability On completion of the evaluation under subsection (a), the Commission shall make the evaluation available to the Congress and the public. 10. Termination The Commission shall terminate on June 1, 2020. | https://www.govinfo.gov/content/pkg/BILLS-113hr1830ih/xml/BILLS-113hr1830ih.xml |
113-hr-1831 | I 113th CONGRESS 1st Session H. R. 1831 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Bentivolio introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To preserve the constitutional authority of Congress and ensure accountability and transparency in legislation.
1. Short title This Act may be cited as the Read the Bills Act . 2. Text of bill or resolution to specify its constitutional authority and show effects on current law Chapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: 105a. Text of bill or resolution to specify its constitutional authority (a) Requirement (1) In general Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. (2) Failure to comply Any bill or resolution not in compliance with subsection (a)(1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration (1) In general The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including those bills or resolutions reported from a committee of either House of Congress, those consisting of a conference report to accompany or bill or resolution, or those offered as a manager’s amendment. (2) Failure to comply Any bill or resolution not complying with subsection (A)(1) shall not be submitted for a vote on final passage. (c) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105b. Text of bill or resolution to set forth current law (a) Requirement (1) In general Any bill or resolution introduced in either House of Congress which is designed to amend or modify the effect of, or which would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth— (A) the amendments being proposed by the bill; and (B) the current section of law as it would read as modified by the amendments proposed, showing deleted text struck through and inserted text underlined. (2) Failure to comply Any bill or resolution not complying with this subsection shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration (1) In general The requirements of subsection (a)(1) shall apply to all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, those consisting of a conference report to accompany a bill or resolution, or those offered as a manager’s amendment. (2) Failure to comply Any bill or resolution not complying with this section shall not be submitted to a vote on final passage. (c) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105c. Text of amendment to set forth current bill (a) Requirement (1) In general Any amendment to a bill or resolution introduced in either House of Congress shall set forth the current section of the bill or resolution as it would read as modified by the amendments proposed, showing deleted text struck through and inserted text underlined. (2) Failure to comply Any bill or resolution not complying with this subsection shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration (1) In general The requirements of subsection (a)(1) shall apply to all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, those consisting of a conference report to accompany a bill or joint resolution, or those offered as a manager's amendment. (2) Failure to comply Any bill or resolution not complying with this section shall not be submitted to a vote on final passage. (c) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105d. Procedures prior to vote on bill or resolution (a) In general A vote on final passage of a bill (except for private bills) or a resolution of a public character may not occur in either House of Congress, unless— (1) the full text of the bill or resolution, or original language and all adopted amendments to the same effect, is published at least 7 days before the vote on the official public Internet site of the Office of the Clerk of the House of Representatives (in the case of a bill or resolution in the House of Representatives) or the Office of the Secretary of the Senate (in the case of a bill or resolution in the Senate), easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions respecting searching, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; and (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet website described in paragraph (1) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice. (b) Roll call No vote on final passage of a bill (except for private bills) or resolution may occur in either House of Congress unless taken by roll call. (c) Journal With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the applicable publishing, notice, and reading requirements under this section have been met. (d) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. (e) Exception for Declarations of War This section shall not apply with respect to any bill or resolution which constitutes a declaration of war. 105e. Enforcement (a) In general An Act of Congress that does not comply with sections 105a, 105b, 105c, or 105d shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. (b) Cause of action Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States seeking appropriate relief (including an injunction against enforcement of any law the passage of which did not conform to the requirements of sections 105a, 105b, 105c, or 105d) may be brought by— (1) any person aggrieved by any action of any officer or employee of the Federal Government under any Act of Congress that does not comply with sections 105a, 105b, 105c, or 105d; and (2) any Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with sections 105a, 105b, 105c, or 105d. . 3. Severability If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. 4. Effective date This Act and the amendments made by this Act shall apply with respect to bills and resolutions introduced or considered during the One Hundred Fourteenth Congress or any succeeding Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr1831ih/xml/BILLS-113hr1831ih.xml |
113-hr-1832 | I 113th CONGRESS 1st Session H. R. 1832 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Bishop of New York (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 21 of title 5, United States Code, to provide that fathers of certain permanently disabled or deceased veterans shall be included with mothers of such veterans as preference eligibles for treatment in the civil service.
1. Short title This Act may be cited as the Gold Star Fathers Act of 2013 . 2. Preference eligible treatment for fathers of certain permanently disabled or deceased veterans Section 2108(3) of title 5, United States Code, is amended by striking subparagraphs (F) and (G) and inserting the following: (F) the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if— (i) the spouse of that parent is totally and permanently disabled; or (ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; (G) the parent of a service-connected permanently and totally disabled veteran, if— (i) the spouse of that parent is totally and permanently disabled; or (ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and . 3. Effective date The amendment made by this Act shall take effect 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1832ih/xml/BILLS-113hr1832ih.xml |
113-hr-1833 | I 113th CONGRESS 1st Session H. R. 1833 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Ms. DeLauro (for herself, Ms. Schakowsky , Mr. Rangel , Ms. Moore , Ms. Jackson Lee , Ms. Wilson of Florida , Mr. Cárdenas , Ms. Lee of California , Mr. Ellison , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Incentive Grants for Local Delinquency Prevention Programs under the Juvenile Justice and Delinquency Prevention Act of 1974 to add gender-responsive services to the list of authorized grant purposes.
1. Short title; Findings (a) Short title This Act may be cited as the Improving the Juvenile Justice System for Girls Act of 2013 . (b) Findings The Congress finds as follows: (1) The proportion of girls entering the justice system has increased steadily over the past several decades, rising from 20 percent in 1980 to 30 percent in 2009. Most of these girls, up to 73 percent, have histories of physical and sexual violence, and their entry into the criminal and juvenile justice system is linked to their sexual and physical victimization. (2) Girls’ pathways into juvenile justice involvement are distinct from boys’ pathways. Girls account for a much larger proportion of nonviolent status offenders than delinquency offenders (40 percent compared to 14 percent, respectively). (3) A study by the Oregon Social Learning Center found the average reported age of first sexual encounter for girls in juvenile justice is 6.75. (4) The trauma of untreated physical and sexual abuse results in lifetime consequences for girls. These consequences include a higher risk for a number of negative social and health outcomes such as higher mortality rates, a variety of psychiatric problems, dysfunctional and violent relationships, poor educational achievement, less stable work histories, increased risk for sexually transmitted diseases and early pregnancy, substance abuse or addiction, and increased reliance on social services as compared to non-delinquent girls. (5) A growing body of evidence suggests that girls who enter the juvenile justice system have equal if not higher rates of mental health issues than boys who enter the system. (6) Current research and data have shown that gender-responsive, strength-based programming providing trauma-informed care and trauma-specific services is the most effective means of preventing juvenile offenses and reducing recidivism. 2. Incentive grants for local delinquency prevention programs The second title V of the Juvenile Justice and Delinquency Prevention Act of 1974 (relating to Incentive Grants for Local Delinquency Prevention Programs, as added by Public Law 102–586 and amended by Public Law 107–273 ) is amended— (1) by amending section 502 ( 42 U.S.C. 5781 ) to read as follows: 502. Definitions In this title: (1) State advisory group The term State advisory group means the advisory group appointed by the chief executive officer of a State under a plan described in section 223(a). (2) Gender-responsive services The term gender-responsive services means promising practices or evidence-based services that— (A) comprehensively address the needs of girls in the juvenile justice system through the development or improvement of programs, treatment, counseling, and resources, and the selection and training of staff, in a manner that reflects an understanding of— (i) the unique pathways of girls into the juvenile justice system; (ii) the need for interventions that address common experiences of girls in the juvenile justice system, including histories of abuse, violence, broken family relationships, and substance abuse; and (iii) the social and cultural factors affecting girls in the juvenile justice system and girls who are at risk of entering the juvenile justice system; and (B) includes trauma-specific services. (3) Trauma-specific services The term trauma-specific services means services that— (A) address the neurological, biological, psychological, and social effects of trauma on the victims of trauma; (B) provide resources on trauma exposure, the impact or trauma, and trauma treatment to such victims; (C) engage in efforts to strengthen the resilience and protective factors of such victims; (D) include trauma-informed therapeutic interventions that are based on an understanding of the vulnerabilities or triggers of victims of trauma, and are designed to provide support to, and avoid re-traumatization of, such victims; and (E) emphasize continuity of care and collaboration among the providers of services to such victims. ; (2) in section 504 (42 U.S.C. 5783)— (A) in subsection (a)— (i) by striking and after the semicolon in paragraph (7); (ii) by redesignating paragraph (8) as paragraph (9); and (iii) by inserting after paragraph (7) the following: (8) gender-responsive services; and ; and (B) in subsection (b)— (i) in paragraph (2), by inserting , including a description of how the funds made available under this section will increase the effectiveness of such plan and the activities to be carried out under such plan before the semicolon; and (ii) in paragraph (3), by inserting , including a description of how the funds made available under this section will increase the effectiveness of such plan and the activities to be carried out under such plan before the semicolon; and (3) in section 505 (42 U.S.C. 5784), by striking for fiscal years 2004, 2005, 2006, 2007, and 2008 and inserting for each of the fiscal years 2014 through 2019 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1833ih/xml/BILLS-113hr1833ih.xml |
113-hr-1834 | I 113th CONGRESS 1st Session H. R. 1834 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish a bipartisan 21st Century Great Outdoors Commission to assess the use, value, job creation, and economic opportunities associated with the outdoor resources of the public lands and other land and water areas of the United States, and for other purposes.
1. Short title This Act may be cited as the 21st Century Great Outdoors Commission Act . 2. Establishment of commission There is established in the legislative branch a bipartisan 21st Century Great Outdoors Commission to assess the use, value, job creation, and economic opportunities associated with the outdoor resources of the public lands and other land and water areas of the United States, and for other purposes. The outdoor resources of the public lands and other land and water areas of the United States confer enormous benefits on the people of the United States including providing clean water as well as economic benefits. 3. Findings The Congress finds the following: (1) Current research indicates that changing demographics, impacts of climate change, lack of public access, and funding shortfalls create challenges for land and recreation managers. The research also affirms that outdoor resources present opportunities for job creation and economic development. (2) Outdoor recreation is responsible for more than $646,000,000,000 in direct consumer spending, generates more than $80,000,000,000 in Federal, State, and local taxes and supports more than 6,100,000 American jobs. (3) Outdoor recreation opportunities are critical to the Nation’s 46,800,000 hunters and anglers who generate at least 33,700,000,000 in economic activity nationwide. (4) Outdoor recreation promotes better mental and physical health for children. Research shows that spending time outside enhances fitness and improves academic achievement. (5) Therapeutic and adaptive recreation programs provide invaluable benefits to disabled and injured veterans. These programs not only aid in physical recovery but also help to address mental health issues, such as post-traumatic stress disorder, and other afflictions suffered by wounded warriors. (6) It has been increasingly clear that land and water available for outdoor recreation also has other benefits to society including the protection of water resources, the conservation of fish and wildlife habitat, protection of communities from natural hazards such as flooding and storms, reduction in air pollution and sustaining rural land uses such ranching, farming, and forest management. (7) The 2010 Census reports that four out of five Americans now live in urban or metropolitan areas, making the need for safe and accessible close-to-home outdoor recreation opportunities more important than ever. (8) The American people have benefitted from two federally initiated national reviews of outdoor recreation resources in the latter half of the twentieth century. The Outdoor Recreation Resources Review Commission, established by legislation and signed by President Eisenhower in 1958, issued its report in 1962, which led to the passage of several landmark conservation and outdoor recreation laws. The President’s Commission on Outdoor Recreation, established by Executive order by President Reagan and Chaired by then Governor Lamar Alexander, issued its report in 1987, the findings of which solidified the importance of our Nation’s outdoor recreation laws and further recognized the value of partnerships and cooperation in ensuring outdoor recreation opportunities for all Americans. The 21st Century Great Outdoors Commission established in this Act will build upon this foundation of existing conservation and recreation programs that were created from the previous commissions and will address recreation and conservation needs in 21st century America. Further, it will help guide policies to help meet the demands for outdoor recreation and conservation throughout the Nation. (9) The bipartisan Outdoor Resources Review Group, through Resources for the Future, reported on the State of the Great Outdoors in 2009 identifying issues with the supply and financing of outdoor recreation opportunities. (10) The Obama Administration launched the America’s Great Outdoors Initiative to develop a 21st century conservation and recreation agenda. The America’s Great Outdoors Initiative led to the Federal Interagency Council on Outdoor Recreation, which strives to support and enhance outdoor recreation access and opportunities on Federal public lands, waters, and shores. (11) The bipartisan Western Governors’ Association released a report in 2012 identifying challenges and recommending strategies for providing outdoor recreation experiences in the Western United States. (12) It has been over 25 years since the last presidentially directed review of America’s conservation and outdoor recreation needs. The people of the United States would benefit from a new federally initiated bipartisan review of American outdoor resources and from policy recommendations including how to maximize the economic opportunities associated with changing use patterns, how differing regions can access American outdoor resources, and how Federal, State, local, and private interests can address existing challenges. 4. Definitions For the purposes of this Act: (1) Commission The term Commission means the 21st Century Great Outdoors Commission. (2) Outdoor resources The term outdoor resources means the land and water areas and associated resources of such areas in the United States and its territories and possessions, which provide or may in the future provide opportunities for outdoor recreation and enjoyment. (3) Outdoor recreation The term outdoor recreation means use of outdoor resources, both developed and undeveloped, in urban, suburban, and rural areas, including backcountry and dispersed recreation on public lands. 5. Composition of Commission (a) Membership (1) In general The Commission shall be composed of 11 members, appointed not later than 60 days after the date of the enactment of this Act, as follows: (A) Two members who shall be appointed by the Speaker of the House of Representatives. (B) One member who shall be appointed by the minority leader of the House of Representatives. (C) Two members who shall be appointed by the majority leader of the Senate. (D) One member who shall be appointed by the minority leader of the Senate. (E) Five members who shall be appointed by the President from among persons who are broadly representative of the people of the United States, only two of which shall be from the President’s political party. (2) Term Each member shall be appointed for the life of the Commission. (3) Vacancy A vacancy in the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. (b) Compensation (1) Per diem Each member of the Commission may be compensated at an amount not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (c) Meetings; Quorum; Rules of Procedure (1) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. At the first meeting, the Commission shall designate a chair. (2) Subsequent Meetings Subsequent meetings shall be held at the call of the Chair. (3) Quorum Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (4) Rules The Commission may establish rules of procedure for the conduct of the Commission’s business, if such rules are not inconsistent with this Act or other applicable law. (d) Advisory Council The Commission shall establish an advisory council to assist the Commission in carrying out its duties. The Advisory Council shall consist of the liaison officers involved with the Federal Interagency Council on Outdoor Recreation, together with 20 additional members appointed by the Commission. The Commission shall consider broad-based geographical and interest representation, including citizens involved with local parks and recreation centers, outdoor recreation at the local, State, and Federal levels, public health, local recreation businesses, hunting and fishing activities, other wildlife interests, land conservation, historic, and cultural preservation, and other natural resource-based activities. 6. Duties (a) In general The Commission, in its inquiries, findings, and recommendations, shall recognize that— (1) present and future solutions to problems of outdoor resources and opportunities are responsibilities at all levels of government, from local to Federal, and of individuals and private organizations; (2) lands, waters, forest, rangelands, wetlands, wildlife, and such other natural resources serve multiple purposes; and (3) sound planning of resource use for the full future welfare of the Nation must include coordination and integration of multiple uses such as economic development, energy development, recreation, historic preservation, and conservation. (b) Specific duties The duties of the Commission are as follows: (1) Review and augment existing contemporary research on outdoor resources, including numerous economic studies, and identify areas that have not been thoroughly researched. (2) Use existing research to better determine use patterns, expectations, and resource needs. (3) Conduct detailed case studies of use, challenges, and successes associated with outdoor resources in every region of the United States to better understand regional opportunities and challenges in urban, suburban, and rural areas. The Commission, working with the Advisory Council, shall determine regional boundaries and case study locations. (4) Evaluate existing Federal funding programs to determine how well they can work better to accomplish more conservation and recreation objectives. (5) Evaluate the role that the Federal Government plays in preserving and enhancing recreational opportunities and associated regional economies vis-à-vis States, localities, and the private sector. (6) Evaluate and identify opportunities, practices, and investment strategies where the conservation of land for outdoor recreation can also serve other needs such as— (A) the responsible and effective reuse of relinquished military property for public benefit; (B) protection of water resources; (C) the conservation of fish and wildlife habitat; (D) providing buffers from natural hazards such as storms and floods; and (E) sustaining traditional uses of rural land such farming, ranching, and forest management. (7) Provide policy recommendations, including recommendations on how to— (A) address key challenges such as climate change; (B) use outdoor resources to improve health; (C) account for the effects of increasing urbanization on outdoor resources and recreation; (D) maximize access to recreation for underserved communities, including outdoor programs for youth; (E) maximize access to adaptive and therapeutic recreation programs for disabled and injured veterans; (F) use recreation to strengthen regional economies; (G) preserve regional recreation economies; and (H) improve the use of existing funding and programs for conservation and recreation. (c) Reports (1) Interim and progress reports The Commission, on its own initiative or on request of the President or the Congress, shall prepare interim or progress reports on particular phases of its review. (2) Final report Not later than 18 months after the date on which all members of the Commission have been appointed, the Commission shall present a report of its review and its recommendations to the President, Congress, and State Governors. The report and recommendations shall— (A) be presented in such form as to make them of maximum value to State, local, and regional entities; (B) include recommendations as to means whereby the review may effectively be kept current in the future; and (C) include recommendations for the near future and for further action in 2020 and 2040. 7. Powers of the Commission (a) Contracting The Commission may, to such extent and in such amounts as are provided in advance in Acts of appropriation, enter into contracts to enable the Commission to discharge its duties under this Act. (b) Information from Federal agencies (1) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (c) Assistance from Federal agencies (1) General services administration The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services for the performance of the Commission’s functions. (2) Other departments and agencies In addition to assistance under paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they determine advisable and as may be authorized by law. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. 8. Staff (a) In General (1) Compensation The chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as Federal employees (A) In general The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Expert and consultant services The Commission is authorized to 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. 9. 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 6(c). (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 statute, regulation, or Executive order. 10. Termination of commission (a) In general The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 6(c). (b) Administrative activities before termination The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. | https://www.govinfo.gov/content/pkg/BILLS-113hr1834ih/xml/BILLS-113hr1834ih.xml |
113-hr-1835 | I 113th CONGRESS 1st Session H. R. 1835 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mrs. Lowey (for herself, Mrs. Capps , Ms. Bordallo , Mr. Courtney , Mr. Connolly , Ms. DeLauro , Mr. Lance , Ms. McCollum , Mr. Polis , and Mr. Schiff ) 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 provide that service of the members of the organization known as the United States Cadet Nurse Corps during World War II constituted active military service for purposes of laws administered by the Secretary of Veterans Affairs.
1. Short title This Act may be cited as the United States Cadet Nurse Corps Equity Act . 2. Service deemed to be active military service (a) In general For purposes of section 401(a)(1)(A) of the GI Bill Improvement Act of 1977 ( 38 U.S.C. 106 note), the Secretary of Defense is deemed to have determined that qualified service of a person constituted active military service. (b) Determination of discharge status The Secretary of Defense shall issue an honorable discharge under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 to each person whose qualified service warrants an honorable discharge. Such discharge shall be issued before the end of the one-year period beginning on the date of the enactment of this Act. 3. Prohibition of retroactive benefits No benefits may be paid to any person as a result of the enactment of this Act for any period before the date of the enactment of this Act. 4. Definition For purposes of this Act, the term qualified service means service of a person as a member of the organization known as the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 15, 1945. | https://www.govinfo.gov/content/pkg/BILLS-113hr1835ih/xml/BILLS-113hr1835ih.xml |
113-hr-1836 | I 113th CONGRESS 1st Session H. R. 1836 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mrs. Noem introduced the following bill; which was referred to the Committee on the Judiciary , 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 enhance training and cooperation between law enforcement officers to respond to and prevent domestic violence and sexual assault in Indian country, to swiftly bring perpetrators to justice, to commission a GAO study, and for other purposes.
1. Short title This Act may be cited as the Protect our Native Women Act of 2013 . 2. Assistant United States attorney domestic violence tribal liaisons Section 13(b) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2810(b) ) is amended— (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following: (9) Serving as domestic violence tribal liaison by doing the following: (A) Encouraging and assisting in arrests and Federal prosecution for crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country. (B) Conducting training sessions for law enforcement officers and other individuals and entities responsible for responding to crimes in Indian country to ensure that such officers, individuals, and entities— (i) understand their arrest authority over offenders; and (ii) are prepared to respond to victims of such crimes. (C) Developing multidisciplinary teams to combat domestic and sexual violence offenses against Indians. (D) Consulting and coordinating with tribal justice officials and victims’ advocates to address any backlog in the prosecution of crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country. (E) Developing working relationships and maintaining communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials. . 3. Special attorneys Section 543(a) of title 28, United States Code, is amended— (1) by striking , including and all that follows through Indian country ; and (2) by adding at the end the following: The Attorney General shall appoint qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in the Indian country of no fewer than 10 federally recognized tribes, with a preference given to those tribes with the highest rates of domestic violence and sexual assault, compared to other federally recognized tribes. . 4. GAO study The Comptroller General of the United States shall submit to the Congress a report on— (1) the prevalence of domestic violence and sexual assault in Indian Country; (2) the efforts of Federal law enforcement agencies, including the Federal Bureau of Investigation and Bureau of Indian Affairs, to investigate these crimes; and (3) Federal initiatives, such as grants, training, and technical assistance, to help address and prevent such violence. | https://www.govinfo.gov/content/pkg/BILLS-113hr1836ih/xml/BILLS-113hr1836ih.xml |
113-hr-1837 | I 113th CONGRESS 1st Session H. R. 1837 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Pallone (for himself, Mr. Reichert , Mr. Yarmuth , Ms. Linda T. Sánchez of California , Ms. Slaughter , Mr. Holt , Mr. Sarbanes , Mr. Conyers , Mr. Capuano , Mrs. Davis of California , Mr. Van Hollen , Mr. Fitzpatrick , Mr. Smith of Washington , Mr. Waxman , Mr. Honda , Mr. Moran , Mr. Price of North Carolina , Ms. Norton , Mr. Tierney , Mr. Rangel , Ms. Edwards , Mr. Himes , Ms. Pingree of Maine , Ms. Castor of Florida , Mr. Scott of Virginia , Mr. Schiff , Mr. Courtney , Mr. Cummings , Ms. Tsongas , Mr. Nadler , Ms. Chu , Mr. Deutch , Mr. Johnson of Georgia , Mr. Ellison , Ms. Eddie Bernice Johnson of Texas , Ms. McCollum , Mr. Lewis , Mr. Polis , Mr. Michaud , Mr. Grayson , Mr. Cooper , Mr. Lipinski , Mr. McDermott , Mr. Hastings of Florida , Ms. Eshoo , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify that fill material cannot be comprised of waste.
1. Short Title This Act may be cited as the Clean Water Protection Act . 2. Definition of Fill Material Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by adding at the end the following: (26) Fill material The term fill material means any pollutant which replaces portions of the waters of the United States with dry land or which changes the bottom elevation of a water body for any purpose. The term does not include any pollutant discharged into the water primarily to dispose of waste. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1837ih/xml/BILLS-113hr1837ih.xml |
113-hr-1838 | I 113th CONGRESS 1st Session H. R. 1838 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Stivers (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to apply the Medicaid primary care payment rate to additional physician providers of primary care services.
1. Short title This Act may be cited as the Enhanced Access to Medicaid Services Act of 2013 . 2. Primary care payment rate for additional physician providers of primary care services (a) In general Section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) is amended by striking or pediatric and inserting neurology, psychiatry, obstetrics and gynecology, or pediatric . (b) Effective date The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to medical assistance for primary care services provided on or after that date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1838ih/xml/BILLS-113hr1838ih.xml |
113-hr-1839 | I 113th CONGRESS 1st Session H. R. 1839 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, and for other purposes.
1. Short title This Act may be cited as the Hermosa Creek Watershed Protection Act of 2013 . 2. Findings Congress finds that— (1) the ecological health and integrity of the Hermosa Creek Watershed and the economic health of the surrounding communities that rely on the Watershed are connected; (2) the Watershed— (A) is the only area in the State that is not a unit of National Wilderness Preservation System to achieve a designation of outstanding waters by the State; (B) provides a crucial source of clean drinking water for the residents of the Animas River Valley and the city of Durango, Colorado; and (C) provides high quality agricultural water supplies from Hermosa Creek and the Animas River; (3) the Watershed helps ensure the economic prosperity of local communities in the area that depend on the Watershed for water supplies, recreation, hunting, fishing, hiking, biking, camping, skiing and related winter activities, off-road vehicle travel, scientific research, mineral extraction, and sustainable natural resource development; (4) the world-class Hermosa Creek trail network contains outstanding single track mountain bike riding, backcountry hiking, equestrian riding, and motorcycle riding; (5) the Watershed provides visitors the opportunity to enjoy the tremendous scenic, natural, cultural, and recreational resources of the area; (6) ecologically sustainable grazing has been conducted in a manner that has preserved the high quality of the Watershed; (7) the native Colorado River cutthroat trout fishery located in the Watershed— (A) is one of the most important fisheries in the State; (B) is crucial for the long-term survival of the cutthroat trout; and (C) provides an opportunity for anglers to have a catch and release fishery for the cutthroat trout; (8) the work of Colorado Parks and Wildlife to enhance the fishery referred to in paragraph (7) has been a tremendous success and a great example of cooperative conservation efforts to recover an imperiled species of fish; (9) the Watershed— (A) provides some of the best backcountry elk habitat in the State; and (B) supports outstanding hunting opportunities; (10) the large areas of undisturbed forest in the Watershed (including some of the best stands of old growth ponderosa pine in the State) provide excellent wildlife habitat and excellent opportunities for solitude and backcountry recreation; and (11) designation of the Hermosa Creek Wilderness Area, Watershed Protection Area, and Special Management Area would protect those areas in perpetuity for the benefit of the people of the United States. 3. Definitions In this Act: (1) County The term County means La Plata County, Colorado. (2) Map The term Map means the map entitled Hermosa Creek Proposed Watershed Protection Area, 2012 and dated March 28, 2012. (3) Secretary The term Secretary means the Secretary of Agriculture. (4) Special management area The term Special Management Area means the Hermosa Creek Special Management Area designated by section 5(a). (5) State The term State means the State of Colorado. (6) Watershed protection area The term Watershed Protection Area means the Hermosa Creek Watershed Protection Area designated by section 4(a). 4. Designation of Hermosa Creek Watershed Protection Area (a) Designation Certain Federal land in the San Juan National Forest comprising approximately 107,886 acres, as generally depicted on the Map, is designated as the Hermosa Creek Watershed Protection Area . (b) Purposes The purposes of the Watershed Protection Area are— (1) to maintain the cultural, economic, and ecological health of the Hermosa Creek Watershed and the surrounding communities that rely on the Watershed; (2) to protect the purity of water that comes from the Hermosa Creek Watershed and supplies residents of the Animas River Valley and the city of Durango, Colorado, with clean drinking water; (3) to protect the purity of, and water supply from, the Hermosa Creek Watershed for agricultural purposes, including irrigation and stockwater uses; (4) to enhance the economic prosperity of local communities in the area who depend on the area for water, recreation, and sustainable natural resource uses; (5) to protect and provide visitors the opportunity to enjoy the recreational, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Watershed; (6) to provide world class opportunities for skiing, biking, hiking, fishing, hunting, horseback riding, snowmobiling, motorcycle riding, snowshoeing, and camping; (7) to provide for economic and natural resource development (including sustainable grazing, vegetation management, beneficial uses of water, and mineral extraction) in a manner consistent with protecting the overall integrity of the Watershed; (8) to protect the native Colorado River cutthroat trout fishery located in the Watershed; (9) to designate the Hermosa Creek Wilderness Area and the Special Management Area; and (10) to conserve, protect, and manage for a healthy Hermosa Creek Watershed for the long-term ecological integrity of the Watershed and the long-term economic health of surrounding communities by allowing sustainable economic development and traditional natural resource development in a matter consistent with the purposes described in paragraphs (1) through (9). 5. Designation of Hermosa Creek Special Management Area (a) Designation Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 68,289 acres, as generally depicted on the Map, is designated as the Hermosa Creek Special Management Area . (b) Purpose The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources and values of the Special Management Area. (c) Administration (1) In general The Secretary shall administer the Special Management Area— (A) in a manner that— (i) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); and (ii) protects a viable population of Colorado River Cutthroat Trout; and (B) in accordance with— (i) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); (ii) this Act; and (iii) any other applicable laws. (2) Uses (A) In general The Secretary shall allow only such uses of the Special Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles (i) In general Except as provided in clause (ii) and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Special Management Area shall be permitted only on roads and trails designated for use by such vehicles by the Secretary. (ii) Over-snow vehicles The Secretary may authorize the use of snowmobiles and other over-snow vehicles within the Special Management Area— (I) during periods of adequate snow cover during the winter season; and (II) subject to such terms and conditions as the Secretary may require. (C) Grazing The Secretary shall permit grazing within the Special Management Area, where established before the date of enactment of this Act subject to all applicable laws (including regulations) and Executive orders. (D) Prohibited activities Within the area of the Special Management Area identified on the Map as East Hermosa Area the following activities shall be prohibited: (i) New permanent or temporary road construction or the renovation of existing nonsystem roads, except as allowed under the final rule entitled Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado (77 Fed. Reg. 39576 (July 3, 2012)). (ii) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes described in this Act). (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and a legal description of the Special Management Area. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Incorporation of acquired land and interests in land Any land or interest in land that is acquired by the United States within the boundary of the Special Management Area shall— (1) become part of the Special Management Area; (2) be withdrawn in accordance with subsection (h); and (3) be managed in accordance with— (A) this Act; and (B) any other applicable laws. (f) Fish and wildlife Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (g) State and federal water management Nothing in this section affects the potential for development, operation, or maintenance of a water storage reservoir at the site in the Special Management Area that is identified in— (1) pages 17 through 20 of the Statewide Water Supply Initiative studies prepared by the Colorado Water Conservation Board and issued by the State in November 2004; and (2) page 27 of the Colorado Dam Site Inventory prepared by the Colorado Water Conservation Board and dated August 1996. (h) Withdrawal Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Special Management Area is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (i) Adjacent management (1) In general The Special Management Area designated by subsection (a) or the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 note; Public Law 103–77 ; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not create a protective perimeter or buffer zone around the Special Management Area or wilderness. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 note; Public Law 103–77 ; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not preclude the conduct of the activities or uses outside the boundary of the wilderness. (j) Winter skiing and related winter activities Nothing in this Act alters or limits— (1) a permit held by a ski area; (2) the implementation of the activities governed by a ski area permit; or (3) the authority of the Secretary to modify or expand an existing ski area permit. (k) Vegetation management Nothing in this section prevents the Secretary from conducting vegetation management projects within the Special Management Area— (1) subject to— (A) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (B) all applicable laws (including regulations); and (2) in a manner consistent with— (A) the purposes described in subsection (b); and (B) this section. (l) Wildfire, insect, and disease management Consistent with this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the Special Management Area, including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency. (m) Management plan Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Area that— (1) takes into account public input; and (2) includes a certification by the Secretary that there are adequate opportunities in the Special Management Area for each of the recreational opportunities referred to in section 4(b)(6). 6. Additions to the national wilderness preservation system (a) Designation of wilderness Section 2(a) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 note; Public Law 103–77 ) is amended by adding at the end the following: (22) Certain land within the San Juan National Forest which comprise approximately 37,236 acres, as generally depicted on the map entitled Hermosa Creek Proposed Watershed Protection Area, 2012 and dated March 28, 2012, and which shall be known as the Hermosa Creek Wilderness . . (b) Effective date Any reference in the Wilderness Act ( 16 U.S.C. 1131 et seq. ) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the wilderness area designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77 ; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)). (c) Fire, insects, and diseases As provided in section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), within the wilderness areas designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)), the Secretary may take any measure that the Secretary determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. 7. Durango area mineral withdrawal (a) Withdrawal Subject to valid existing rights, the land and mineral interests described in subsection (b) are withdrawn from all forms of— (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials. (b) Description of land and mineral interests The land and mineral interests referred to in subsection (a) are— (1) the approximately 13,086 acres of Federal land depicted on the map entitled Perins Peak & Animas City Mountain, Horse Gulch and Lake Nighthorse mineral withdrawal and dated April 5, 2013; and (2) all Federal mineral interests contained within the boundaries of the map described in paragraph (1). (c) Buffer Nothing in this section may require— (1) the creation of a protective perimeter or buffer area outside the boundaries of the withdrawal area described in subsection (b); or (2) any prohibition on activities outside of the boundaries of the withdrawal area described in subsection (b) that can be seen or heard from within the boundaries of the withdrawal area. 8. Conveyance of Bureau of Land Management Land to La Plata County (a) In general On the expiration of the permit numbered COC 64651 (09) and dated February 24, 2009, the Secretary of the Interior shall convey to the County, without consideration and subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 111 acres of land managed by the Bureau of Land Management, Tres Rios District, Colorado, as generally depicted on the map entitled La Plata County Grandview Conveyance and dated March 27, 2013. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary of the Interior may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only for any public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (43 U.S.C. 869 et seq.). (e) Administrative costs The Secretary of the Interior shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Conditions As a condition of the conveyance under subsection (a), the County shall agree in writing to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies. 9. Release of wilderness study areas (a) Finding Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation under section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ). (b) Release The land described in subsection (c)— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (2) shall be managed in accordance with land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). (c) Description of land The land referred to in subsections (a) and (b) is the approximately 461 acres of land in the West Needles Contiguous Wilderness Study Area of San Juan County, Colorado, that is depicted on the map entitled West Needles Contiguous Wilderness Study Area Release Area and dated April 5, 2013. 10. Administrative costs Any signs, fixtures, alterations, or additions needed in connection with the designations established in this Act or for the advertisement of such designations shall be paid for only with non-Federal funds or amounts made available for such purposes in Acts of appropriation before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1839ih/xml/BILLS-113hr1839ih.xml |
113-hr-1840 | I 113th CONGRESS 1st Session H. R. 1840 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Ms. Tsongas (for herself and Mr. Neal ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exclude from income and employment taxes real property tax abatements for seniors and disabled individuals in exchange for services.
1. Short title This Act may be cited as the Senior and Retired Volunteers Act of 2013 . 2. Exclusion from income and employment taxes for real property tax abatements in exchange for services (a) Income taxes (1) 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 ater section 139D the following new section: 139E. Real property tax abatements in exchange for services (a) In general In the case of a qualified individual, gross income shall not include any real property tax abatement received under a State program, or a local program under specific authority of State law, in which the taxpayer receives such abatement in exchange for services. (b) Qualified individual For purposes of subsection (a), the term qualified individual means any individual who— (1) has attained age 60, or (2) is disabled (within the meaning of section 72(m)(7)). . (2) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Real property tax abatements in exchange for services. . (b) Employment taxes (1) In general Paragraph (7) of section 3121(b) of such Code is amended by striking or at the end of subparagraph (E), by inserting or at the end of subparagraph (F), and by inserting after subparagraph (F) the following: (G) service under a State program in which the taxpayer in exchange for services receives an abatement of real property taxes which is excluded from income under section 139E; . (2) Conforming amendments to Social Security Act Section 210(a)(7) of the Social Security Act ( 42 U.S.C. 410(a)(7) ) is amended by striking or at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting , or , and by inserting after subparagraph (F) the following: (G) service under a State program in which the taxpayer in exchange for services receives an abatement of real property taxes which is excluded from income under section 139E of the Internal Revenue Code of 1986. . (c) Effective dates (1) The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2013. (2) The amendments made by subsection (b) shall apply to service performed after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr1840ih/xml/BILLS-113hr1840ih.xml |
113-hr-1841 | I 113th CONGRESS 1st Session H. R. 1841 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Welch 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 provide for an earlier start for State health care coverage innovation waivers under the Patient Protection and Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the State Leadership in Health Care Act . 2. Earlier start for State health care coverage innovation waivers (a) In general Section 1332 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18052 ) is amended— (1) in subsection (a)(1), by striking January 1, 2017 and inserting January 1, 2015 ; and (2) by amending subsection (e) to read as follows: (e) Term of waiver (1) In general No waiver under this section may extend over a period of more than 5 years unless the State requests continuation of such waiver and such request is granted by the Secretary under paragraph (2). (2) Approval of request (A) In general A request under paragraph (1) shall be deemed granted unless the Secretary, not later than 90 days after the date of submission to the Secretary of such request, either denies such request in writing or informs the State in writing with respect to any additional information that is needed in order to make a final determination with respect to the request. (B) Denial of request The Secretary may deny such a request only if the Secretary— (i) determines that the State plan under the waiver to be continued did not meet the requirements under subsection (b); (ii) notifies the State in writing of the requirements under subsection (b) that the State plan did not meet and provides to the State the information used by the Secretary in making that determination; and (iii) provides the State with an opportunity to appeal such determination and provide information as to how such requirements were met. (C) Reconsideration of request In the case of an appeal described in subparagraph (B)(iii), the Secretary shall consider any information provided under such clause and reconsider the determination made under subparagraph (B)(i), and shall issue a written decision on such appeal not later than 60 days after the date on which the Secretary receives notice of such appeal. The Secretary shall grant the request if the Secretary determines upon reconsideration that the State plan meets such requirements. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1841ih/xml/BILLS-113hr1841ih.xml |
113-hr-1842 | I 113th CONGRESS 1st Session H. R. 1842 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Cummings (for himself, Mr. Michaud , Mr. Smith of Washington , Mrs. Davis of California , Mr. Takano , and Mr. Tierney ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to improve the protections for servicemembers, surviving spouses, and disabled veterans against mortgage foreclosures, and for other purposes.
1. Short title This Act may be cited as the Military Family Home Protection Act . 2. Mortgage protection for members of the Armed Forces, surviving spouses, and certain veterans (a) Members of the Armed Forces, surviving spouses, and certain disabled veterans (1) In general Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting after section 303 the following new section: 303A. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans (a) Mortgage as Security This section applies only to an obligation on real or personal property owned by a covered individual that— (1) originated at any time and for which the covered individual is still obligated; and (2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage. (b) Stay of Proceedings (1) In general In accordance with subsection (d)(1), in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection (a), a court— (A) may, after a hearing and on its own motion, stay the proceedings until the end of the covered time period; and (B) shall, upon application by a covered individual, stay the proceedings until the end of the covered time period. (2) Obligation to stop proceedings Upon receipt of notice provided under subsection (d)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period. (c) Sale or Foreclosure A sale, judicial or nonjudicial foreclosure, or seizure of property for a breach of an obligation described in subsection (a) that is not stayed under subsection (b) shall not be valid during a covered time period except— (1) upon a court order granted before such sale, judicial or nonjudicial foreclosure, or seizure with a return made and approved by the court; or (2) if made pursuant to an agreement as provided in section 107. (d) Notice required (1) In general To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered. (2) Manner Written notice under paragraph (1) may be provided electronically. (3) Time Notice provided under paragraph (1) shall be provided during the covered time period. (4) Contents With respect to a servicemember described in subsection (g)(1)(A), notice shall include— (A) a copy of the servicemember’s official military orders, or any notification, certification, or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection (g)(1)(A); or (B) an official notice using a form designed under paragraph (5). (5) Official forms (A) In general The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1). (B) Use of official form not required Failure by any individual to use a form designed or distributed under subparagraph (A) to provide notice shall not make such provision of notice invalid. (e) Aggregate duration The aggregate duration for which a covered individual (except a servicemember described in subsection (g)(1)(A)) may be covered under this section is one year. (f) Misdemeanor A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (g) Definitions In this section: (1) Covered individual The term covered individual means the following individuals: (A) A servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service. (B) A servicemember placed on convalescent status, including a servicemember transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code. (C) A veteran who was medically discharged and retired under chapter 61 of title 10, United States Code, except for a veteran described in section 1207 of such title. (D) A surviving spouse (as defined in section 101(3) of title 38, United States Code, and in accordance with section 103 of such title) of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a). (2) Covered time period The term covered time period means the following time periods: (A) With respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service. (B) With respect to a servicemember described in paragraph (1)(B), during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code. (C) With respect to a veteran described in paragraph (1)(C), during the one-year period beginning on the date of the retirement of such veteran. (D) With respect to a surviving spouse of a servicemember as described in paragraph (1)(D), during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember. . (2) Clerical amendment The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans. . (3) Conforming amendment Section 107 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 517 ) is amended by adding at the end the following: (e) Other individuals For purposes of this section, the term servicemember includes any covered individual under section 303A. . (b) Increased civil penalties for mortgage violations Paragraph (3) of section 801(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 597(b)(3) ) is amended to read as follows: (3) to vindicate the public interest, assess a civil penalty— (A) with respect to a violation of section 207, 303, or 303A regarding real property— (i) in an amount not exceeding $110,000 for a first violation; and (ii) in an amount not exceeding $220,000 for any subsequent violation; and (B) with respect to any other violation of this Act— (i) in an amount not exceeding $55,000 for a first violation; and (ii) in an amount not exceeding $110,000 for any subsequent violation. . (c) Credit discrimination Section 108 of such Act ( 50 U.S.C. App. 518 ) is amended— (1) by striking Application by and inserting (a) Application or receipt .—Application by ; and (2) by adding at the end the following new subsection: (b) Eligibility In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement. . (d) Effective date Section 303A of the Servicemembers Civil Relief Act, as added by subsection (a), and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. 3. Treatment of relocation for active duty for purposes of mortgage refinancing (a) In general Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303A, as added by section 1(a)(1), the following new section: 303B. Treatment of relocation for active duty for purposes of mortgage refinancing (a) Treatment of absence from residence due to active duty (1) In general Subject to paragraph (2), if, at any time that a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of relocation described in subsection (c)(1)(B), such servicemember inquires about or applies for a covered refinancing mortgage, such servicemember shall be, for all purposes relating to the covered refinancing mortgage, including such inquiry or application and eligibility for and compliance with any underwriting criteria and standards regarding such covered refinancing mortgage, considered to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of any such relocation. (2) Limitation Paragraph (1) shall not apply with respect to a servicemember at any time if, during the five-year period preceding such time, the servicemember entered into a covered refinancing mortgage pursuant to this section. (b) Mortgages originated before period military service If a covered refinancing mortgage is entered into pursuant to this section with respect to an existing mortgage that originated before the period of the servicemember's military service, such covered refinancing mortgage shall be deemed to be an obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated for purposes of section 303(a)(1). (c) Definitions In this section: (1) Existing mortgage The term existing mortgage means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that— (A) had a duration of 13 consecutive months or longer; and (B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days that did not allow the servicemember to continue to occupy such residence as a principal residence. (2) Covered refinancing mortgage The term covered refinancing mortgage means any mortgage— (A) that is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and (B) that is secured by the same residence that secured such existing mortgage or mortgages. . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 303A the following new item: Sec. 303B. Treatment of relocation for active duty for purposes of mortgage refinancing. . 4. Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act Section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527 ) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Lending institution requirements (1) Compliance officers Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. (2) Toll-free telephone number During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1842ih/xml/BILLS-113hr1842ih.xml |
113-hr-1843 | I 113th CONGRESS 1st Session H. R. 1843 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Ms. Lee of California (for herself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Energy and Commerce and 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 modernize laws, and eliminate discrimination, with respect to people living with HIV/AIDS, and for other purposes.
1. Short title This Act may be cited as the Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2013 or the REPEAL HIV Discrimination Act of 2013 . 2. Findings The Congress makes the following findings: (1) At present, 32 States and 2 United States territories have criminal statutes based on perceived exposure to HIV, rather than actual transmission of HIV to another. Thirteen States have HIV-specific laws that make spitting or biting a felony, even though it is not possible to transmit HIV via saliva. (2) According to the Centers for Disease Control and Prevention (CDC), HIV is only transmitted through blood, semen, vaginal fluid, and breast milk. (3) Prosecutions for perceived exposure, nondisclosure, or unintentional transmission of HIV have occurred in at least 39 States under general or HIV-specific laws. (4) Even in the absence of HIV transmission, people living with HIV have been given sentences of up to 35 years based on exaggerated fears of HIV, regardless of actual risk of transmission. (5) State and Federal criminal law does not currently reflect the three decades of medical advances and discoveries made with regard to transmission and treatment of HIV. (6) According to CDC, correct and consistent male or female condom use is very effective in preventing HIV transmission. However, most State HIV-specific laws and prosecutions do not treat the use of a condom during sexual intercourse as a mitigating factor or evidence that the defendant did not intend to transmit HIV. (7) Criminal laws and prosecutions do not take into account the benefits of effective antiretroviral medications, which reduce the HIV virus to undetectable levels and further reduce the already low risk of transmitting the HIV to near-zero. (8) Although HIV/AIDS currently is viewed as a treatable, chronic, medical condition, people living with HIV have been charged under aggravated assault, attempted murder, and even bioterrorism statutes because prosecutors, courts, and legislators continue to view and characterize the blood, semen, and saliva of people living with HIV as a deadly weapon . (9) Multiple peer-reviewed studies demonstrate that HIV-specific laws do not reduce risk-taking behavior or increase disclosure by people living with or at risk of HIV, and there is increasing evidence that these laws reduce the willingness to get tested. Furthermore, placing legal responsibility for preventing the transmission of HIV and other pathogens exclusively on people diagnosed with HIV, and without consideration of other pathogens that can be sexually transmitted, undermines the public health message that all people should practice behaviors that protect themselves and their partners from HIV and other sexually transmitted diseases. (10) The identity of an individual accused of violating existing HIV-specific restrictions is broadcast through media reports, potentially destroying employment opportunities and relationships and violating the person’s right to privacy. (11) Individuals who are convicted for HIV exposure, nondisclosure, or transmission often must register as sex offenders even in cases of consensual sexual activity. Their employability is destroyed and their family relationships are fractured. (12) The United Nations, including the Joint United Nations Programme on HIV/AIDS (UNAIDS), urges governments to limit criminalization to cases of intentional transmission. Such requirement indicates a situation where a person knows his or her HIV-positive status, acts with the intention to transmit HIV, and does in fact transmit it . UNAIDS also recommends that criminal law should not be applied to cases where there is no significant risk of transmission. (13) The Global Commission on HIV and the Law was launched in June 2010 to examine laws and practices that criminalize people living with and vulnerable to HIV and to develop evidence-based recommendations for effective HIV responses. The Commission calls for governments, civil society and international bodies to repeal punitive laws and enact laws that facilitate and enable effective responses to HIV prevention, care and treatment services for all who need them . The Commission recommends against the enactment of laws that explicitly criminalise HIV transmission, exposure or non-disclosure of HIV status, which are counterproductive . (14) In 2010, the President released a National HIV/AIDS Strategy (NHAS), which addressed HIV-specific criminal laws, stating: [W]hile we understand the intent behind [these] laws, they may not have the desired effect and they may make people less willing to disclose their status by making people feel at even greater risk of discrimination. In some cases, it may be appropriate for legislators to reconsider whether existing laws continue to further the public interest and public health. In many instances, the continued existence and enforcement of these types of laws run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment. . The NHAS also states that State legislatures should consider reviewing HIV-specific criminal statutes to ensure that they are consistent with current knowledge of HIV transmission and support public health approaches to preventing and treating HIV. (15) In February 2013, the President’s Advisory Council on AIDS (PACHA) passed a resolution stating all U.S. law should be consistent with current medical and scientific knowledge and accepted human rights-based approaches to disease control and prevention and avoid imposition of unwarranted punishment based on health and disability status . 3. Sense of Congress regarding laws or regulations directed at people living with HIV/AIDS It is the sense of Congress that Federal and State laws, policies, and regulations regarding people living with HIV/AIDS— (1) should not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) should instead demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— (A) the multiple factors that lead to HIV transmission; (B) the relative risk of demonstrated HIV transmission routes; (C) the current health implications of living with HIV; (D) the associated benefits of treatment and support services for people living with HIV; and (E) the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health, on people living with or affected by HIV, and on their families and communities. 4. Review of Federal and State laws (a) Review of Federal and State laws (1) In general Not later than 90 days after the date of the enactment of this Act, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense acting jointly (in this section referred to as the designated officials ) shall initiate a national review of Federal and State laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS, including in regard to the Uniform Code of Military Justice. (2) Consultation In carrying out the review under paragraph (1), the designated officials shall seek to include diverse participation from, and consultation with, each of the following: (A) Each State. (B) State attorneys general (or their representatives). (C) State public health officials (or their representatives). (D) State judicial and court system officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers. (E) Members of the United States Armed Forces, including members of other Federal services subject to the Uniform Code of Military Justice. (F) People living with HIV/AIDS, particularly those who have been subject to HIV-related prosecution or who are from communities whose members have been disproportionately subject to HIV-specific arrests and prosecution. (G) Legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS. (H) Nongovernmental health organizations that work on behalf of people living with HIV/AIDS. (I) Trade organizations or associations representing persons or entities described in subparagraphs (A) through (G). (3) Relation to other reviews In carrying out the review under paragraph (1), the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with HIV/AIDS, including any such review conducted by any Federal or State agency or any public health, legal advocacy, or trade organization or association if the designated officials determines that such reviews were conducted in accordance with the principles set forth in section 3. (b) Report Not later than 180 days after initiating the review required by subsection (a), the Attorney General shall transmit to the Congress and make publicly available a report containing the results of the review, which includes the following: (1) For each State and for the Uniform Code of Military Justice, a summary of the relevant laws, policies, regulations, and judicial precedents and decisions regarding criminal cases involving people living with HIV/AIDS, including the following: (A) A determination of whether such laws, policies, regulations, and judicial precedents and decisions place any unique or additional burdens upon people living with HIV/AIDS. (B) A determination of whether such laws, policies, regulations, and judicial precedents and decisions demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— (i) the multiple factors that lead to HIV transmission; (ii) the relative risk of HIV transmission routes; (iii) the current health implications of living with HIV; (iv) the associated benefits of treatment and support services for people living with HIV; and (v) the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. (C) An analysis of the public health and legal implications of such laws, policies, regulations, and judicial precedents and decisions, including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases. (D) An analysis of the proportionality of punishments imposed under HIV-specific laws, policies, regulations, and judicial precedents, taking into consideration penalties attached to violation of State laws against similar degrees of endangerment or harm, such as driving while intoxicated (DWI) or transmission of other communicable diseases, or more serious harms, such as vehicular manslaughter offenses. (2) An analysis of common elements shared between State laws, policies, regulations, and judicial precedents. (3) A set of best practice recommendations directed to State governments, including State attorneys general, public health officials, and judicial officers, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in section 3. (4) Recommendations for adjustments to the Uniform Code of Military Justice, as may be necessary, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in section 3. (c) Guidance Within 90 days of the release of the report required by subsection (b), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall develop and publicly release updated guidance for States based on the set of best practice recommendations required by subsection (b)(3) in order to assist States dealing with criminal and related civil commitment cases regarding people living with HIV/AIDS. (d) Monitoring and evaluation system Within 60 days of the release of the guidance required by subsection (c), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall establish an integrated monitoring and evaluation system which includes, where appropriate, objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each State of the best practice recommendations required in subsection (b)(3). (e) Modernization of Federal laws, policies, and regulations Within 90 days of the release of the report required by subsection (b), the designated officials shall develop and transmit to the President and the Congress, and make publicly available, such proposals as may be necessary to implement adjustments to Federal laws, policies, or regulations, including to the Uniform Code of Military Justice, based on the recommendations required by subsection (b)(4), either through Executive order or through changes to statutory law. 5. Rule of construction Nothing in this Act shall be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual. 6. No additional appropriations authorized This Act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year. 7. Definitions For purposes of this Act: (1) HIV and HIV/AIDS The terms HIV and HIV/AIDS have the meanings given to such terms in section 2689 of the Public Health Service Act ( 42 U.S.C. 300ff–88 ). (2) State The term State includes the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. | https://www.govinfo.gov/content/pkg/BILLS-113hr1843ih/xml/BILLS-113hr1843ih.xml |
113-hr-1844 | I 113th CONGRESS 1st Session H. R. 1844 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Johnson of Georgia (for himself, Mr. Loebsack , Ms. Norton , Mr. Braley of Iowa , Ms. Pingree of Maine , Ms. Bass , Mr. Conyers , Mr. Scott of Virginia , Mr. Hastings of Florida , Ms. Jackson Lee , Ms. Tsongas , Mr. Price of North Carolina , Mr. Blumenauer , Mr. Nadler , Mr. Grijalva , Ms. Schakowsky , Ms. Lee of California , Ms. Chu , Mr. Lynch , Mr. Cartwright , Mr. Sarbanes , Mr. Deutch , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 9 of the United States Code with respect to arbitration.
1. Short title This Act may be cited as the Arbitration Fairness Act of 2013 . 2. Findings The Congress finds the following: (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power. (2) A series of decisions by the Supreme Court of the United States have interpreted the Act so that it now extends to consumer disputes and employment disputes, contrary to the intent of Congress. (3) Most consumers and employees have little or no meaningful choice whether to submit their claims to arbitration. Often, consumers and employees are not even aware that they have given up their rights. (4) Mandatory arbitration undermines the development of public law because there is inadequate transparency and inadequate judicial review of arbitrators' decisions. (5) Arbitration can be an acceptable alternative when consent to the arbitration is truly voluntary, and occurs after the dispute arises. 3. Arbitration of employment, consumer, antitrust, and civil rights disputes (a) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of employment, consumer, antitrust, and civil rights disputes Sec. 401. Definitions. 402. Validity and enforceability. 401. Definitions In this chapter— (1) the term antitrust dispute means a dispute— (A) involving a claim for damages allegedly caused by a violation of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12 )) or State antitrust laws; and (B) in which the plaintiffs seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; (2) the term civil rights dispute means a dispute— (A) arising under— (i) the Constitution of the United States or the constitution of a State; or (ii) a Federal or State statute that prohibits discrimination on the basis of race, sex, disability, religion, national origin, or any invidious basis in education, employment, credit, housing, public accommodations and facilities, voting, or program funded or conducted by the Federal Government or State government, including any statute enforced by the Civil Rights Division of the Department of Justice and any statute enumerated in section 62(e) of the Internal Revenue Code of 1986 (relating to unlawful discrimination); and (B) in which at least 1 party alleging a violation of the Constitution of the United States, a State constitution, or a statute prohibiting discrimination is an individual; (3) the term consumer dispute means a dispute between an individual who seeks or acquires real or personal property, services (including services relating to securities and other investments), money, or credit for personal, family, or household purposes and the seller or provider of such property, services, money, or credit; (4) the term employment dispute means a dispute between an employer and employee arising out of the relationship of employer and employee as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); and (5) the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. 402. Validity and enforceability (a) In general Notwithstanding any other provision of this title, no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute. (b) Applicability (1) In general An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. (2) Collective bargaining agreements Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. . (b) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 1, by striking of seamen, and all that follows through interstate commerce ; (B) in section 2, by inserting or as otherwise provided in chapter 4 before the period at the end; (C) in section 208— (i) in the section heading, by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. ; and (D) in section 307— (i) in the section heading, by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. . (2) Table of sections (A) Chapter 2 The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: 208. Application. . (B) Chapter 3 The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: 307. Application. . (3) Table of chapters The table of chapters for title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of employment, consumer, antitrust, and civil rights disputes 401 . 4. Effective date This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1844ih/xml/BILLS-113hr1844ih.xml |
113-hr-1845 | I 113th CONGRESS 1st Session H. R. 1845 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Polis (for himself and Ms. Chu ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to make grants to promote the education of pregnant and parenting students.
1. Short title This Act may be cited as the Pregnant and Parenting Students Access to Education Act of 2013 . 2. Findings and purposes (a) Findings The Congress finds the following: (1) There are approximately 750,000 teen pregnancies and 400,000 teen births annually in the United States. (2) Although teen pregnancy and birth rates in the United States have declined by 42 percent and 49 percent respectively since the early 1990s, it is still the case that nearly 3 in 10 girls in the United States become pregnant at least once by age 20. (3) The teen pregnancy and birth rates in the United States are higher than in any other Western industrialized country. (4) The figure is even higher among Latinas (44 percent) and African-American girls (48 percent). (5) There are geographic variations in teen childbearing; in 2010, the teen birth rate in rural counties was nearly one-third higher compared to the rest of the country regardless of age, race, or ethnicity. (6) Many pregnant and parenting students face significant barriers in enrolling, attending, and succeeding in school, including— (A) discrimination in violation of title IX of the Education Amendments of 1972, including stigmatization at school by administrators, teachers, and peer students; (B) a lack of consistent policies at the State, district, and school levels that allow for excused absences for prenatal and postnatal health care appointments in order for teen parents to successfully complete their education; (C) difficulty maintaining academic progress while out of school leading up to or following the birth of a child; (D) juggling school work with parenting responsibilities; (E) lack of access to affordable quality child care and transportation to and from the child care arrangement and school, which can, as a practical matter, make it virtually impossible for a parenting student to attend school regularly; and (F) stereotypes that future opportunities for postsecondary education or careers are limited for pregnant and parenting students, which can diminish students’ motivation to stay engaged in school. (7) Fully 30 percent of teen girls who have dropped out of school cite pregnancy or parenthood as a reason. (8) Only about half (51 percent) of teen mothers earned a high school diploma by age 22 compared to 89 percent of women who didn’t have a teen birth. (9) Less than 2 percent of young teen mothers attain a college degree by age 30. (10) Studies of females and males who dropped out of high school indicate that becoming a parent played a role in their discontinuation of school, and in many cases it played a major role. For example, nearly half of all female dropouts and one-third of male dropouts said that becoming a parent played a role in their decision to leave school. (11) Nearly 1 in 5 births to mothers aged 15 through 19 is a repeat birth, totaling nearly 67,000 repeat births. (12) Because teen pregnancy and parenting are significant risk factors for dropout, teen pregnancy prevention can go a long way toward improving high school graduation rates. (13) Females who do not earn a high school diploma are especially likely to face severe economic consequences—to be unemployed, to earn very low wages, and to have to rely on public support programs—that significantly affect not only individual students and their families, but also our national economy as a whole. (14) Teen childbearing in the United States cost taxpayers (Federal, State and local) at least $10.9 billion in 2008. (15) Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) prohibits educational institutions that receive Federal funding from discriminating against pregnant and parenting students, and its implementing regulations detail schools’ obligations to ensure that pregnant and parenting students have access to equal educational opportunities. (16) Some States currently collect data about the pregnancy and parenting status of secondary school students, but most do not, and there is no nationwide data collection on this important dimension of the student population. (17) Some local educational agencies are making active efforts to engage and re-engage pregnant and parenting youth in secondary education by implementing voluntary programs that provide or arrange academic and support services for them, including individualized graduation plans, flexible scheduling, homebound instruction for extended absences, school-based child care, transportation assistance, health and social service referrals, and parent education courses. (18) The responsibilities of pregnancy and parenting can also interfere with the attainment of a college degree. 61 percent of women who have children after enrolling in community college do not graduate. Women who do not have children after enrollment graduate at a 65 percent higher rate than women who do. (19) Federal financial assistance to local educational agencies to start or expand voluntary student academic and support service programs and initiatives for pregnant and parenting students is imperative to helping these students prepare for careers and post-secondary education opportunities, and care for their children without need for long-term public assistance. (b) Purposes The purposes of this Act are— (1) to ensure that each pregnant and parenting student has equal access to the same free, appropriate, high-quality public education that is provided to other students; (2) to improve high school graduation rates, career-readiness, access to postsecondary educational opportunities, and outcomes for pregnant and parenting students and their children; and (3) to assist each State and local educational agency in improving its graduation rates and fulfilling its responsibilities under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) with respect to pregnant and parenting students. 3. Grants for State and local activities for the education of pregnant and parenting students (a) In general The Secretary of Education is authorized to make grants to States to carry out the activities described in subsection (d). A grant made under this section shall be for a minimum of 3 years, and the Secretary shall have the discretion to renew the grant at the end of the grant period. (b) Application A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including, at a minimum, the State plan described in subsection (f). (c) Allocation of funds (1) Reservation of funds for national activities From the funds made available to carry out this Act, the Secretary may reserve not more than 5 percent for national activities. (2) Allotment to the Secretary of the Interior The amount allocated for payments under this Act to the Secretary of the Interior for any fiscal year shall be, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the needs of— (A) Indian children on reservations served by secondary schools for Indian children operated or supported by the Department of the Interior; and (B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior. (3) Formula grants to States The Secretary shall allocate to States having approved applications the funds remaining after the application of paragraphs (1) and (2) based on the percentage of the State’s number of teen births compared to the number of teen births nationally, except that the minimum grant for a State shall be $300,000. (4) Supplement not supplant Grant funds provided under paragraph (3) shall be used only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this Act, and not to supplant such funds. (d) Use of funds (1) In general Funds made available to a State under this Act shall be used for the following: (A) To provide or enhance educational programs and related services that enable pregnant and parenting students to enroll in, attend, and succeed in school, and that are culturally and linguistically competent. (B) To designate a Coordinator for Education of Pregnant and Parenting Students in the State educational agency to direct and manage the State educational agency’s activities related to this Act, in collaboration with the State’s designated employee responsible for the State’s efforts to comply with and carry out, to the fullest extent, its responsibilities under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). (C) To prepare and carry out a State plan described in subsection (f). (D) To develop and implement high-quality professional development programs for local educational agencies and school personnel. (E) To direct grants to rural and other local educational agencies without capacity to prepare an application for funds so that such local educational agencies may carry out the activities described in subsections (e) and (f) of section 4. (F) To ensure that information about the program is disseminated to all local educational agencies and made publicly and readily available on the State educational agency’s Web site, including— (i) the name and contact information for the individuals described in subparagraph (B); (ii) a list of subgrantees; and (iii) an explanation of the rights of students and responsibilities of schools under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), including investigation and complaint procedures as required under subsection (a) and (b) of section 106.8 of title 34, Code of Federal Regulations (as in effect on the date of the enactment of this Act). (2) Reservation for State-level activities From the funds made available to a State under this Act, a State may reserve not more than 10 percent for State-level activities. (3) Subgrants The State shall distribute at least 90 percent of each State grant as subgrants to local educational agencies in accordance with section 4. (e) Coordinator for Education of Pregnant and Parenting Students The Coordinator for Education of Pregnant and Parenting Students in the State educational agency described in subsection (d)(1)(B) shall— (1) gather information on the nature and extent of State and local efforts to prevent teen pregnancy and the nature and extent of barriers to educational access and success facing pregnant and parenting students in the State, including information on reported incidents of discrimination; (2) develop and carry out the State plan described in subsection (f); (3) collect and report information to the Secretary of Education, such as that which is listed in subparagraphs (A) through (G) of section 6(a)(6); (4) facilitate the coordination of services with the State agencies responsible for administering programs affecting children, youth, and families (including for the purposes of maximizing the leveraging of resources from such agencies), including— (A) Temporary Assistance for Needy Families; (B) Medicaid; (C) Children’s Health Insurance Program; (D) teen pregnancy prevention, family planning, and maternal and child health programs; (E) Women, Infants and Children Food and Nutrition Service; (F) Supplemental Nutrition Assistance Program; (G) child care programs; (H) early childhood education, home visitation, and child welfare programs; (I) workforce investment programs and postsecondary education; (J) housing assistance and homeless assistance programs; (K) school-based health services programs; and (L) programs carried out by Federally qualified health centers (as defined in sections 1861(aa)(4) and 1905(a)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) and 1396d(a)(2)(B))), health centers (as defined in section 330 of the Public Health Service Act ( 42 U.S.C. 254b )), and outpatient health programs and facilities operated by tribal organizations; (5) coordinate and collaborate with educators, service providers, and local educational agency pregnant and parenting student liaisons; (6) provide technical assistance and training to local educational agencies, including the dissemination of best practices; and (7) report to the Secretary any complaints received by the State about discrimination based on pregnancy or parenting status and what actions were taken to address those complaints. (f) State plan Pursuant to subsection (d)(1)(C), each State shall submit a plan to provide for the education of pregnant and parenting students. Such plan shall include the following: (1) A description of how such students will be given the opportunity to meet the same rigorous academic achievement and college and career-readiness standards that all students are expected to meet. (2) The policy, protocol, or procedure that each district or State implements once a pregnancy has been discovered on campus; including how each district ensures the student understands his or her rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (3) A description of how the State will identify such students. (4) A description of training programs to raise awareness of school personnel regarding the rights and educational needs of pregnant and parenting students. (5) A description of procedures designed to ensure that students eligible for Federal, State, or local food, housing, health care, temporary assistance, or child care programs are informed of their eligibility for, assisted in enrolling in, and able to participate in such programs. (6) A description of procedures designed to ensure that students eligible for Federal, State, or local after-school programs or supplemental educational services are enrolled in and able to participate in such programs. (7) Strategies that respond to the problems identified under subsection (e)(1). (8) A demonstration that the State and its local educational agencies have developed, reviewed, and revised policies to remove barriers to enrollment and retention of pregnant and parenting students in schools in the State. (9) Assurances that— (A) State educational agencies and local educational agencies will not stigmatize, discriminate against, or involuntarily segregate students on the basis of pregnancy or parenting; (B) local educational agencies will designate a pregnant and parenting student liaison to communicate with the Coordinator for Education of Pregnant and Parenting Students in the State educational agency and oversee the provision of services at the local educational agency and school levels; and (C) State educational agencies and local educational agencies will ensure that transportation is provided for students who have an inability to pay for transportation and who— (i) choose to attend programs for pregnant and parenting students located outside of their school of origin; or (ii) need transportation to and from school and the student’s child care provider for the student and the student’s child, respectively. (10) Description of how the State will ensure that local educational agencies comply with requirements of this Act. (11) A description of technical assistance to be provided to local educational agencies. (g) Professional development and public education Each State and each local educational agency shall include in professional development and public education materials reference to, and shall ensure that school personnel, students, and family members of students are aware of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and its implementing regulations, which set forth the Federal civil right to be free from discrimination on the basis of a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. This includes the right to be free from harassment and stigmatization on those bases, as well as the following: (1) The right to enroll in any school or program for which they would otherwise qualify. (2) If enrolled into a special program or separate school, the right to an education equal in quality to that offered to other students in the mainstream or originating school. (3) The right to decline to participate in a specialized program or separate school. (4) The right to continue their education in the school in which they were enrolled, or would have been enrolled, prior to the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, including elementary or secondary schools, charter schools, honors and magnet programs, Advanced Placement and International Baccalaureate programs, career and technical education programs, special education and non-public school placements, alternative options or programs, migrant education, free and reduced lunch programs, services for English language learners, physical education programs, after-school academic programs, and any others for which they are otherwise qualified. (5) The right to participate in school activities including graduations and other ceremonies; to receive awards or peer recognition; to participate on field trips, student clubs and councils, in after-school activities, including cheerleading or athletics teams; and in any other school-related programs, subject to providing a medical release if that is required of all students who have physical or emotional conditions requiring the attention of medical personnel and who want to continue participating. (6) The right to the same benefits and services offered to students with other temporary disabilities. (7) The right to an excused absence for as long as the student’s physician deems it medically necessary, without penalty, and automatic return to the status the student held prior to the leave of absence. (8) The right not to be retaliated against for raising awareness of, complaining about, or reporting discrimination. (h) Coordination for support services Local educational agencies may coordinate with social services agencies, public health agencies, youth services providers, or other community-based organizations for the purposes of ensuring that pregnant and parenting students have access to the academic support services they need to continue their education; and to raise awareness among agencies about pregnant and parenting students and their educational rights and opportunities. (i) Pregnant and parenting student liaison The duties of a local educational agency’s pregnant and parenting student liaison shall include— (1) identification, by consulting with school personnel, and by self-reports, of pregnant and parenting students in need of services to help them stay in school and succeed; (2) gathering information on the nature and extent of barriers to educational access and success facing pregnant and parenting students in the geographic area served by the local educational agency, including information on reported incidents of discrimination; (3) ensuring and facilitating the continued enrollment of pregnant and parenting students in school in an academic program that best meets the educational goals of the student and his or her family; (4) ensuring that the educational and related barriers faced by pregnant and parenting students are addressed, and that any services and referrals provided are culturally and linguistically competent; (5) informing pregnant and parenting students of educational and related services extended to pregnant and parenting students and of their right under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) to continue their education; and (6) coordinating the provision of services in conjunction with the Coordinator for Education of Pregnant and Parenting Students in the State educational agency and with community organizations and partners. 4. Local educational agency subgrants for the education of pregnant and parenting students (a) In general A State educational agency receiving a grant under section 3 shall make competitive subgrants to local educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of pregnant and parenting students. Services may be provided on school grounds or at other facilities. (b) Application Local educational agencies seeking subgrants shall submit an application to the State educational agency in time and manner required by the State. The application shall include— (1) an assessment of the educational and related needs of pregnant and parenting students in the local educational agency; (2) a description of the local educational agency’s plan for addressing those needs, and assurance that the specific services and programs for which subgrants are being sought are culturally and linguistically competent; (3) assurance of the local educational agency’s compliance with local educational agency requirements established in section 3; and (4) a description of the local educational agency’s plan for continuing specific services and programs for which subgrants are being sought in case of the loss of or absence of Federal assistance. (c) Awards Subgrants under this section shall be awarded on the basis of need and the strength of the application in meeting the requirements and goals of this Act. Priority consideration shall be given to applications from local educational agencies serving students in geographic areas with— (1) teen birth rates that are higher than the State average; or (2) teen birth rates below the State average but having one or more racial or ethnic groups with teen birth rates higher than the State average. (d) Duration Subgrants under this section shall be for periods not to exceed 3 years. (e) Required activities Subgrant funds shall be expended for activities that include— (1) the provision of academic support services for pregnant and parenting students, which may include, but are not limited to academic counseling, the development of individualized graduation plans, assistance with class scheduling, assistance with planning for and gaining access to postsecondary educational opportunities, assistance securing tutoring or other academic support services, supplemental instruction, homework assistance, tutoring, or other educational services, such as homebound instruction services to be provided during extended leaves of absence due to pregnancy complications, childbirth, or the illness of a student’s child, to keep the student on track to finish the student’s classes and graduate; (2) assistance to pregnant and parenting students in gaining access to quality, affordable child care and early childhood education services; (3) the provision of transportation services or assistance so that parenting students and their children can get to and from school and child care, respectively, and so that pregnant students unable to walk long distances can get to school if transportation is not already provided for that student; (4) the provision of services and programs to attract, engage, and retain pregnant and parenting students in school, including informing pregnant and parenting teenagers and their family members and caring adults of their right to continue their education, the importance of doing so, and the consequences of not doing so; (5) the education of students, parents and community members about the educational rights of pregnant and parenting students; (6) the professional development of school personnel regarding the challenges facing pregnant and parenting students and their educational rights; (7) proactive outreach efforts to assist pregnant and parenting teenagers with excessive absences and to re-enroll pregnant or parenting teenagers who have dropped out of school; (8) the revision of school policies and practices to remove barriers and to encourage pregnant and parenting students to continue their education, including— (A) the revision of attendance policies to allow for students to be excused from school, school activities, after-school activities, or school-related programs for— (i) attendance at pregnancy-related medical appointments, including expectant fathers who are students; (ii) fulfillment of the student’s parenting responsibilities, including arranging child care, caring for the student’s sick child or children, and attending medical appointments for the student’s child or children; and (iii) such other situations beyond the control of the student as determined by the board of education in each local educational agency, or such other circumstances which cause reasonable concern to student or the student’s parent for the safety or health of the student, for example addressing circumstances resulting from domestic or sexual violence; and (B) the creation and implementation of a policy flexible enough to meet the individualized lactation and medical needs of student mothers, including reasonable break time from class, access to a clean, private space and protection from retaliation for this purpose; (9) the provision to student parents, and at a student’s request, also to a non-student parent or other family members and caring adults, of training and support in parenting skills, healthy relationship skills, strategies to prevent future unplanned pregnancy, and other life skills such as goal setting, budgeting, time management, financial literacy, networking, job interviewing, applying for college and securing financial aid; and (10) the provision to pregnant and parenting students of educational and career mentoring services and peer groups, whether during school hours or after school. (f) Allowable activities (1) In general Subgrant funds may be expended for allowable activities such as— (A) the provision of child care and early childhood education for the child of the parenting student, either by providing these services directly on school grounds or by other arrangement, such as by providing financial assistance to obtain such services at a child care facility within a reasonable distance of the school; (B) the provision of case management services to pregnant and parenting students, such as assistance with applying for and accessing public benefits and Federal financial aid for postsecondary education and training; (C) the provision of, or referrals to, pregnancy prevention, primary health care, maternal and child health, family planning, mental health, substance abuse, housing assistance, homeless assistance, legal aid services, including paternity testing, establishing parental rights, child custody arrangements, and other services needed by the student; (D) the provision of emergency financial or in-kind assistance to a parenting student to fulfill the basic human needs of a student and the student’s child; (E) efforts to create a positive school climate for pregnant and parenting students, including addressing discrimination against, harassment and stigmatization of pregnant and parenting students; and (F) the provision of training practicums for graduate students in social work to carry out the purpose of the grant. (2) Medically accurate and complete information (A) In general With respect to information provided under paragraph (1)(C) and subsection (e)(9), whether provided by local educational agencies or by contract or arrangement as described in subsection (g), the information shall be, where appropriate, medically accurate and complete and developmentally appropriate for the intended audience. (B) Definition For purposes of this paragraph, the term medically accurate and complete means verified or supported by the weight of research conducted in compliance with accepted scientific methods and— (i) published in peer-reviewed journals, where applicable; or (ii) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (g) Activities of nonprofit community organizations Local educational agencies may provide and expend subgrant funds on required activities authorized in subsection (e) or allowable activities authorized in subsection (f) directly or by contract or arrangement with social services agencies, public health agencies, youth services providers, or other nonprofit community-based organizations with experience effectively assisting pregnant and parenting students to stay in school by conducting the activities described in subsections (e) and (f). 5. Conversion to categorical program in event of failure of state regarding expenditure of grants (a) In general The Secretary shall, from the amounts specified in subsection (b), make grants to local educational agencies in a State described in subsection (b) for the required activities specified in section 4(e) and the allowable activities specified in section 4(f). (b) Application A local educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (c) Specification of funds The amounts referred to in subsection (a) are any amounts that would have been allocated to a State under section 3(c)(3) that are not paid to the State as a result of— (1) the failure of the State to submit an application under section 3(b); (2) the failure of the State, in the determination of the Secretary, to prepare the application in accordance with such section or to submit the application within a reasonable period of time; or (3) the State informing the Secretary that the State does not intend to expend the full amount of such allocation. 6. National activities (a) In general The Secretary of Education shall carry out the following activities: (1) Review of State plans to ensure they adequately address all of the elements listed in section 3(f) of this Act. (2) Provide technical assistance to State educational agencies. (3) Provide guidance to Federal programs and grantees likely to have contact with pregnant and parenting students and their family members and caring adults regarding the educational rights of pregnant and parenting students and the State educational agencies responsibilities, including the responsibilities under this Act. (4) At the end of each 3-year grant period, conduct a rigorous, evidence-based, comprehensive evaluation of the local educational agency programs funded by these grants and their effectiveness in improving graduation rates and educational outcomes for pregnant and parenting students, including acceptance and enrollment in higher education. The findings of such evaluations shall be reported to Congress. (5) Conduct a one-time national evaluation of pregnant and parenting student access to education program service delivery models, directly or via contract with an independent research institution. Identify and disseminate the findings and best practices at the State and local levels, including models of programs that are successful at, or show promise of, serving specific racial or ethnic groups or have been modified and tested with specific racial or ethnic groups, and create an online best practices clearinghouse as a resource for other State educational agencies and local educational agencies. (6) Annually collect and disseminate nonpersonally identifiable data and information, in a manner protective of student privacy, and disaggregated by each school or alternative program identified pursuant to subparagraph (B) and by whether services for pregnant and parenting students are offered in school or off-site, on— (A) the number of pregnant and parenting students enrolled in school; (B) rates and participation of pregnant and parenting students in mainstream or originating schools, rates and participation of pregnant and parenting students in alternative programs and, for each alternative program, an indication as to whether it is offered in a mainstream school or off-site; (C) pregnant and parenting students’ performance on academic assessments; (D) pregnant and parenting students’ graduation rates, dropout rates and transfer rates; (E) rates of usage by pregnant and parenting students of child care services or assistance (if offered); (F) rates of usage by pregnant or parenting students of other services offered (broken down by type of service); and (G) such other data and information as the Secretary determines to be necessary and relevant. (7) Coordinate data collection and dissemination with the agencies and entities that receive funds under this Act and those that administer programs in accordance with this Act. (b) Reporting rates Notwithstanding subsection (a)(6)(B) through (F), if the number of pregnant and parenting students in a particular school or program in a State is smaller than a size determined by such State, it shall be reported by the applicable local educational agency, and if the number of pregnant and parenting students under the jurisdiction of a local educational agency in a State is smaller than a size determined by such State, it shall be reported by such State. 7. Effect on Federal and State nondiscrimination laws Nothing in this Act shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation under any other Federal law or a law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), or section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). The obligations imposed by this Act are in addition to those imposed by title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116). 8. Definition of State For purposes of this Act, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr1845ih/xml/BILLS-113hr1845ih.xml |
113-hr-1846 | I 113th CONGRESS 1st Session H. R. 1846 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Ms. Velázquez introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Act establishing the Lower East Side Tenement National Historic Site, and for other purposes.
1. Short title This Act may be cited as the Lower East Side Tenement National Historic Site Amendments Act . 2. Findings The Congress finds the following: (1) The Lower East Side Tenement Museum was founded in 1988 and has, for the past 25 years, preserved and interpreted the history of immigration through the personal experiences of generations of newcomers who settled in and built lives on Manhattan’s Lower East Side, America’s iconic immigrant neighborhood. (2) (A) The Director of the National Park Service found the Lower East Side Tenement at 97 Orchard Street to be nationally significant. (B) On April 19, 1994, the Secretary of the Interior declared the Lower East Side Tenement a National Historic Landmark. (C) The Director of the National Park Service, through a special resource study, found the Lower East Side Tenement suitable and feasible for inclusion in the National Park System. (D) On November 12, 1998, the historic site was designated as an affiliated site of the National Park System pursuant to Public Law 105–378 . (3) (A) In 2006, the Secretary of the Interior, together with the National Park Service, compiled a general management plan for the site. (B) The plan recognized the need for space for administrative functions, collections storage, and visitor services, including orientation and additional exhibits. (C) The plan expressly specified that a boundary adjustment to the National Historic Site might be considered if the museum was able to obtain property and the resources— (i) included significant features related of the primary purposes of the site; (ii) addressed operational issues including access; or (iii) protected resources critical to the site’s purposes. (4) The Museum obtained a neighboring 1888 tenement, 103 Orchard Street, which was restored and renovated to serve as a visitor and education center. (5) 103 Orchard Street was declared a contributing property in the Lower East Side National Historic District, listed on both the National and New York State Registers of Historic Places. 3. Amendments Public Law 105–378 is amended— (1) in section 101(a)— (A) in paragraph (4), by striking the Lower East Side Tenement at 97 Orchard Street in New York City is an outstanding survivor and inserting the Lower East Side Tenements at 97 and 103 Orchard Street in New York City are outstanding survivors ; and (B) in paragraph (5), by striking the Lower East Side Tenement is and inserting the Lower East Side Tenements are ; (2) in section 102— (A) in paragraph (1), by striking Lower East Side Tenement found at 97 Orchard Street and inserting Lower East Side Tenements found at 97 and 103 Orchard Street ; and (B) in paragraph (2), by striking which owns and operates the tenement building at 97 Orchard Street and inserting which owns and operates the tenement buildings at 97 and 103 Orchard Street ; (3) in section 103(a), by striking the Lower East Side Tenement at 97 Orchard Street, in the City of New York, State of New York, is designated and inserting the Lower East Side Tenements at 97 and 103 Orchard Street, in the City of New York, State of New York, are designated ; and (4) in section 104(d), by striking the property at 97 Orchard Street and inserting the properties at 97 and 103 Orchard Street . | https://www.govinfo.gov/content/pkg/BILLS-113hr1846ih/xml/BILLS-113hr1846ih.xml |
113-hr-1847 | I 113th CONGRESS 1st Session H. R. 1847 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Salmon (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To improve the provisions relating to the privacy of electronic communications.
1. Short title This Act may be cited as the Electronic Communications Privacy Act Amendments Act of 2013 . 2. Confidentiality of electronic communications Section 2702(a)(3) of title 18, United States Code, is amended to read as follows: (3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service. . 3. Elimination of 180-day rule; search warrant requirement; required disclosure of customer records (a) In general Section 2703 of title 18, United States Code, is amended— (1) by striking subsections (a), (b), and (c) and inserting the following: (a) Contents of wire or electronic communications A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure. (b) Notice Except as provided in section 2705, not later than 10 business days in the case of a law enforcement agency, or not later than 3 business days in the case of any other governmental entity, after a governmental entity receives the contents of a wire or electronic communication of a subscriber or customer from a provider of electronic communication service or remote computing service under subsection (a), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant, the subscriber or customer— (1) a copy of the warrant; and (2) a notice that includes the information referred to in clauses (i) and (ii) of section 2705(a)(4)(B). (c) Records concerning electronic communication service or remote computing service (1) In general Subject to paragraph (2), a governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber or customer of the provider or service (not including the contents of communications), only if the governmental entity— (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure; (B) obtains a court order directing the disclosure under subsection (d); (C) has the consent of the subscriber or customer to the disclosure; or (D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of the provider or service that is engaged in telemarketing (as defined in section 2325). (2) Information to be disclosed A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means authorized under paragraph (1), disclose to a governmental entity the— (A) name; (B) address; (C) local and long distance telephone connection records, or records of session times and durations; (D) length of service (including start date) and types of service used; (E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) means and source of payment for such service (including any credit card or bank account number), of a subscriber or customer of such service. (3) Notice not required A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer. ; and (2) by adding at the end the following: (h) Rule of construction Nothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to— (1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or (2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity. . (b) Technical and conforming amendments Section 2703(d) of title 18, United States Code, is amended— (1) by striking A court order for disclosure under subsection (b) or (c) and inserting A court order for disclosure under subsection (c) ; and (2) by striking the contents of a wire or electronic communication, or . 4. Delayed notice Section 2705 of title 18, United States Code, is amended to read as follows: 2705. Delayed notice (a) Delay of notification (1) In general A governmental entity that is seeking a warrant under section 2703(a) may include in the application for the warrant a request for an order delaying the notification required under section 2703(b) for a period of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (2) Determination A court shall grant a request for delayed notification made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant may result in— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. (3) Extension Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (4) Expiration of the delay of notification Upon expiration of the period of delay of notification under paragraph (2) or (3), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court approving the search warrant, the customer or subscriber— (A) a copy of the warrant; and (B) notice that informs the customer or subscriber— (i) of the nature of the law enforcement inquiry with reasonable specificity; (ii) that information maintained for the customer or subscriber by the provider of electronic communication service or remote computing service named in the process or request was supplied to, or requested by, the governmental entity; (iii) of the date on which the warrant was served on the provider and the date on which the information was provided by the provider to the governmental entity; (iv) that notification of the customer or subscriber was delayed; (v) the identity of the court authorizing the delay; and (vi) of the provision of this chapter under which the delay was authorized. (b) Preclusion of notice to subject of governmental access (1) In general A governmental entity that is obtaining the contents of a communication or information or records under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive for a period of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (2) Determination A court shall grant a request for an order made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive may result in— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. (3) Extension Upon request by a governmental entity, a court may grant one or more extensions of an order granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (4) Prior notice to law enforcement Upon expiration of the period of delay of notice under this section, and not later than 3 business days before providing notice to a customer or subscriber, a provider of electronic communication service or remote computing service shall notify the governmental entity that obtained the contents of a communication or information or records under section 2703 of the intent of the provider of electronic communication service or remote computing service to notify the customer or subscriber of the existence of the warrant, order, or subpoena seeking that information. (c) Definition In this section and section 2703, the term law enforcement agency means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law, or any other Federal or State agency conducting a criminal investigation. . 5. Evaluation by the Government Accountability Office Not later than September 30, 2015, the Comptroller General of the United States shall submit to Congress a report regarding the disclosure of customer communications and records under section 2703 of title 18, United States Code, which shall include— (1) an analysis and evaluation of such disclosure under section 2703 of title 18, United States Code, as in effect before the date of enactment of this Act, including— (A) a comprehensive analysis and evaluation regarding the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which Federal, State, or local law enforcement officers used section 2703 of title 18, United States Code, to obtain information relevant to an ongoing criminal investigation; (B) an analysis of the average length of time taken by a provider of an electronic communication service or a remote computing service to comply with requests by law enforcement officers for information under section 2703 of title 18, United States Code; (C) the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which information was requested by law enforcement officers from a provider of an electronic communication service or a remote computing service under a warrant as authorized under section 2703(a) of title 18, United States Code; (D) the number of individual instances and type of request, in each of the 5 years before the year in which this Act is enacted, in which information was requested by law enforcement officers from a provider of an electronic communication service or a remote computing service under the other information request provisions in section 2703 of title 18, United States Code; and (E) the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which law enforcement officers requested delayed notification to the subscriber or customer under section 2705 of title 18, United States Code; and (2) an analysis and evaluation of such disclosure under section 2703 of title 18, United States Code, as amended by this Act, including— (A) an evaluation of the effects of the amendments to the warrant requirements on judges, court dockets, or any other court operations; (B) a survey of Federal, State, and local judges and law enforcement officers to determine the average length of time required for providers of an electronic communication service or a remote computing service to provide the contents of communications requested under a search warrant, which shall include identifying the number of instances in which a judge was required to order a provider of an electronic communication service or a remote computing service to appear to show cause for failing to comply with a warrant or to issue an order of contempt against a provider of an electronic communication service or a remote computing service for such a failure; and (C) determining whether the amendments to the warrant requirements resulted in an increase in the use of the emergency exception under section 2702(b)(8) of title 18, United States Code. 6. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to preclude the acquisition by the United States Government of— (1) the contents of a wire or electronic communication pursuant to other lawful authorities, including the authorities under chapter 119 of title 18 (commonly known as the Wiretap Act ), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision of Federal law not specifically amended by this Act; or (2) records or other information relating to a subscriber or customer of any electronic communications service or remote computing service (not including the content of such communications) pursuant to the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), chapter 119 of title 18 (commonly known as the Wiretap Act ), or any other provision of Federal law not specifically amended by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1847ih/xml/BILLS-113hr1847ih.xml |
113-hr-1848 | I 113th CONGRESS 1st Session H. R. 1848 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Pompeo (for himself, Mr. Lipinski , Mr. Graves of Missouri , Mr. Nolan , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure that the Federal Aviation Administration advances the safety of small airplanes, and the continued development of the general aviation industry, and for other purposes.
1. Short title This Act may be cited as the Small Airplane Revitalization Act of 2013 . 2. Findings Congress finds the following: (1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and nations around the world. (2) Small aircraft comprise nearly 90 percent of FAA-type certified general aviation aircraft. (3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the Nation’s economic success and defense. (4) General aviation contributes to well-paying manufacturing and technology jobs in the United States, and these products are exported in great numbers, providing a positive trade balance. (5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence. (6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to market are resulting in a lack of innovation and investment in small airplane design. (7) Over the past decade, the United States typically lost 10,000 active private pilots per year partially due to a lack of cost-effective, new small airplanes. (8) General aviation safety can be improved by modernizing and revamping the regulations for this sector to clear the path for technology adoption and cost effective means to retrofit the existing fleet with new safety technologies. 3. FAA safety and regulatory improvements for general aviation (a) Establishment of FAA safety and regulatory improvements for general aviation The Administrator of the Federal Aviation Administration shall advance the safety and continued development of small airplanes by reorganizing the certification requirements to streamline the approval of safety advancements. (b) Regulations The Administrator shall issue a final rule based on the FAA’s Part 23 Reorganization Aviation Rulemaking Committee (established in August 2011) by December 31, 2015. The final rule shall meet the following objectives of the Part 23 Committee: (1) Create a regulatory regime for small airplanes that will improve safety and decrease certification costs. (2) Set broad, outcome driven safety objectives that will spur innovation and technology adoption. (3) Replace current, prescriptive requirements contained in FAA rules with performance based regulations. (4) Use FAA-accepted consensus standards to clarify how the Part 23 safety objectives may be met by specific designs and technologies. (c) Consensus-Based standards The Administrator shall use acceptable consensus-based standards whenever possible in the spirit of the National Technology Transfer and Advancement Act of 1996 ( 15 U.S.C. 3701 note) while continuing to evaluate traditional methods for meeting the objectives of Part 23. (d) Safety cooperation The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes. 4. Definitions For purposes of this Act, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Consensus standards The term consensus standards means standards developed by voluntary organizations which plan, develop, establish, or coordinate voluntary standards using agreed-upon procedures, both domestic and international. These standards include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested parties. These bodies have the attributes of openness, balance of interest, due process, an appeals process and consensus. (3) FAA The term FAA means the Federal Aviation Administration. (4) General aviation The term general aviation means all aviation activities other than scheduled commercial airline operations and military aviation. (5) Small airplane The term small airplane means FAA-type certificated airplanes that meet the parameters of part 23 of title 14 of the Code of Federal Regulations. | https://www.govinfo.gov/content/pkg/BILLS-113hr1848ih/xml/BILLS-113hr1848ih.xml |
113-hr-1849 | I 113th CONGRESS 1st Session H. R. 1849 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Smith of Texas (for himself, Mr. Scalise , Mr. Cassidy , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Hobby Protection Act to make unlawful the provision of assistance or support in violation of that Act, and for other purposes.
1. Short title This Act may be cited as the Collectible Coin Protection Act . 2. Provision of assistance or support The Hobby Protection Act ( 15 U.S.C. 2101 et seq. ) is amended— (1) in section 2— (A) in subsection (b), by inserting , or the sale in commerce after distribution in commerce ; (B) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following: (d) provision of assistance or support It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or consciously avoids knowing that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b). ; and (C) in subsection (e) (as so redesignated), by striking and (b) and inserting (b), and (d) ; (2) in section 3— (A) by striking If any person and inserting (a) In general .—If any person ; (B) by striking or has an agent and inserting , has an agent, transacts business, or wherever venue is proper under section 1391 of title 28, United States Code ; and (C) by adding at the end the following: (b) Trademark violations If the violation of section 2 (a) or (b) or a rule under section 2(c) also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act. ; and (3) in section 7, by adding at the end the following: (8) The term collectibles certification service means a person recognized by collectors for providing independent certification that collectible items are genuine. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1849ih/xml/BILLS-113hr1849ih.xml |
113-hr-1850 | I 113th CONGRESS 1st Session H. R. 1850 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Cole introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for 2 years the deduction for expenses of elementary and secondary school teachers and to allow such deduction with respect to home school expenses.
1. Short title This Act may be cited as the Home School Equity Act for Tax Relief of 2013 . 2. Findings Congress finds the following: (1) Over 1.5 million children, or about 3 percent of school-aged children, are home schooled in the United States each year according to U.S. Department of Education’s National Center for Education Statistics (NCES). (2) The number of home schooled children is increasing every year. (3) Many home schooling families spend thousands of dollars on books, supplies, and other teaching materials. (4) The median amount of money spent annually on educational materials is about $400 to $599 per home-educated student. (5) Home schooled students have almost identical achievement statistics as students who are products of the public school system. (6) Home schooled students perform at continually higher levels on nationalized tests like the ACT and SAT. (7) Home schooling families are typically larger than the average United States family with 3 or more children. (8) In many communities, home schooling is the only alternative to failing public schools. (9) Home schooled students perform at exceptionally high levels regardless of level of regulation, family income, and style of home schooling. (10) Home schoolers are allowed a tax deduction for school supply expenses in the States where home schools are treated as private schools, but are not allowed this deduction in States where home schools are given a different designation. 3. Modification of deduction for certain expenses of elementary and secondary school teachers (a) Extension Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking or 2011 and inserting 2011, 2012, or 2013 . (b) Home schools included Subparagraph (B) of section 62(d)(1) of such Code is amended— (1) by striking The term and inserting the following: For purposes of this paragraph— (i) In general The term , and (2) by adding at the end the following new clause: (ii) Home schools The term school includes any home school which provides elementary or secondary education if such school is treated as a home school or private school under State law. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2011. | https://www.govinfo.gov/content/pkg/BILLS-113hr1850ih/xml/BILLS-113hr1850ih.xml |
113-hr-1851 | I 113th CONGRESS 1st Session H. R. 1851 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Lewis (for himself, Ms. Moore , Mr. McGovern , Mr. Tierney , and Mr. Keating ) 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 an income tax credit for the costs of certain infertility treatments, and for other purposes.
1. Short title This Act may be cited as the Family Act of 2013 . 2. Findings Congress finds the following: (1) The American Society of Reproductive Medicine recognizes infertility as a disease, and the Centers for Disease Control and Prevention have described infertility as an emerging public health priority in the United States. Globally, the World Health Organization also formally recognizes infertility as a disease. (2) According to the Centers for Disease Control and Prevention, approximately 3,000,000 Americans suffer from infertility. (3) A portion of those 3,000,000 people are cancer survivors who were diagnosed as infants, children, or young adults. Their treatments included chemotherapy, radiation, and surgery which have led to irreparable damage to their reproductive systems. (4) Military families notably are also impacted by infertility as a result of lower extremity war injuries arising from the perils of modern warfare. For active duty individuals, frequent changes in permanent duty station, combat deployments, and training rotations complicate access to fertility treatments. In addition, active duty individuals or veterans have no coverage for in vitro fertilization (IVF) through their military health insurance and must pay out of pocket for those expenses, even within military treatment facilities. (5) For many, the cost of treatment for the disease of infertility is prohibitive. According to the American Society for Reproductive Medicine, the cost per cycle of IVF is approximately $12,500, and on average couples require at least 2 cycles. Many couples have to choose between their desire to establish a family and their future financial well-being. (6) Medical insurance coverage for infertility treatments is sparse and inconsistent at the State level. Only 8 States have passed laws to require comprehensive infertility coverage, and under those State laws employer-sponsored plans are exempt; therefore, coverage for treatments such as IVF is limited. According to Mercer's 2005 National Survey of Employer-Sponsored Health Plans, IVF was voluntarily covered by 19 percent of large employer-sponsored health plans and only 11 percent of small employer-sponsored health plans. Even in States with coverage mandates, out-of-pocket expenses for these treatments are significant. (7) According to the latest National Survey of Family Growth, African-American and Hispanic women are more likely to be infertile than Caucasian women, yet studies indicate that they are less likely to use infertility services. 3. Credit for certain infertility treatments (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 24 the following new section: 23A. Credit for certain infertility treatments (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified infertility treatment expenses paid or incurred during the taxable year. (b) Limitations (1) Dollar limitation The amount of the credit under subsection (a) for any taxable year shall not exceed the excess (if any) of— (A) the dollar amount in effect under section 23(b)(1) for the taxable year, over (B) the aggregate amount of the credits allowed under subsection (a) for all preceding taxable years. (2) Income limitation (A) In general The amount otherwise allowable as a credit under subsection (a) for any taxable year (determined after the application of paragraph (1) and without regard to this paragraph and subsection (c)) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable as— (i) the amount (if any) by which the taxpayer’s adjusted gross income exceeds the dollar amount in effect under clause (i) of section 23(b)(2)(A); bears to (ii) $40,000. (B) Determination of adjusted gross income For purposes of subparagraph (A), adjusted gross income shall be determined without regard to sections 911, 931, and 933. (3) Denial of double benefit (A) In general No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is taken under any other provision of this chapter. (B) Grants No credit shall be allowed under subsection (a) for any expense to the extent that reimbursement or other funds in compensation for such expense are received under any Federal, State, or local program. (C) Insurance reimbursement No credit shall be allowed under subsection (a) for any expense to the extent that payment for such expense is made, or reimbursement for such expense is received, under any insurance policy. (4) Limitation based on amount of tax In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55; over (B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. (c) Carryforwards of unused credit (1) Rule for years in which all personal credits allowed against regular and alternative minimum tax In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. (2) Rule for other years In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. (3) Limitation No credit may be carried forward under this subsection to any taxable year after the 5th taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (d) Qualified infertility treatment expenses For purposes of this section— (1) In general The term qualified infertility treatment expenses means amounts paid or incurred for the treatment of infertility via in vitro fertilization if such treatment is— (A) provided by a licensed physician, licensed surgeon, or other licensed medical practitioner, and (B) administered with respect to a diagnosis of infertility by a physician licensed in the United States. (2) Treatments in advance of infertility arising from medical treatments In the case of expenses incurred in advance of a diagnosis of infertility for fertility preservation procedures which are conducted prior to medical procedures that, as determined by a physician licensed in the United States, may cause involuntary infertility or sterilization, such expenses shall be treated as qualified infertility treatment expenses— (A) notwithstanding paragraph (1)(B), and (B) without regard to whether a diagnosis of infertility subsequently results. Expenses for fertility preservation procedures in advance of a procedure designed to result in infertility or sterilization shall not be treated as qualified infertility treatment expenses. (3) Infertility The term infertility means the inability to conceive or to carry a pregnancy to live birth, including iatrogenic infertility resulting from medical treatments such as chemotherapy, radiation or surgery. Such term does not include infertility or sterilization resulting from a procedure designed for such purpose. (e) Eligible individual For purposes of this section, the term eligible individual means an individual— (1) who has been diagnosed with infertility by a physician licensed in the United States, or (2) with respect to whom a physician licensed in the United States has made the determination described in subsection (d)(2). (f) Filing requirements Married taxpayers must file joint returns. Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. . (b) Conforming amendments (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 24 the following new item: Sec. 23A. Credit for certain infertility treatments. . (2) Section 23(c)(1) of such Code is amended by striking 25D and inserting 23A, 25D, . (3) Section 25(e)(1)(C) of such Code is amended by inserting 23A, before 25D, . (4) Section 1400C(d) of such Code is amended by striking section 25D and inserting sections 23A and 25D . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr1851ih/xml/BILLS-113hr1851ih.xml |
113-hr-1852 | I 113th CONGRESS 1st Session H. R. 1852 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Yoder (for himself and Mr. Graves of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to update the privacy protections for electronic communications information that is stored by third-party service providers in order to protect consumer privacy interests while meeting law enforcement needs, and for other purposes.
1. Short title This Act may be cited as the Email Privacy Act . 2. Confidentiality of electronic communications Section 2702(a)(3) of title 18, United States Code, is amended to read as follows: (3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service. . 3. Elimination of 180-day rule; search warrant requirement; required disclosure of customer records (a) In general Section 2703 of title 18, United States Code, is amended— (1) by striking subsections (a), (b), and (c) and inserting the following: (a) Contents of wire or electronic communications A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure. (b) Notice Except as provided in section 2705, not later than 10 business days in the case of a law enforcement agency, or not later than 3 business days in the case of any other governmental entity, after a governmental entity receives the contents of a wire or electronic communication of a subscriber or customer from a provider of electronic communication service or remote computing service under subsection (a), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant, the subscriber or customer— (1) a copy of the warrant; and (2) a notice that includes the information referred to in clauses (i) and (ii) of section 2705(a)(4)(B). (c) Records concerning electronic communication service or remote computing service (1) In general Subject to paragraph (2), a governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber or customer of the provider or service (not including the contents of communications), only if the governmental entity— (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that is issued by a court of competent jurisdiction directing the disclosure; (B) obtains a court order directing the disclosure under subsection (d); (C) has the consent of the subscriber or customer to the disclosure; or (D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of the provider or service that is engaged in telemarketing (as defined in section 2325). (2) Information to be disclosed A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means authorized under paragraph (1), disclose to a governmental entity the— (A) name; (B) address; (C) local and long distance telephone connection records, or records of session times and durations; (D) length of service (including start date) and types of service used; (E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) means and source of payment for such service (including any credit card or bank account number), of a subscriber or customer of such service. (3) Notice not required A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer. ; and (2) by adding at the end the following: (h) Rule of construction Nothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to— (1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or (2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity. . (b) Technical and conforming amendments Section 2703(d) of title 18, United States Code, is amended— (1) by striking A court order for disclosure under subsection (b) or (c) and inserting A court order for disclosure under subsection (c) ; and (2) by striking the contents of a wire or electronic communication, or . 4. Delayed notice Section 2705 of title 18, United States Code, is amended to read as follows: 2705. Delayed notice (a) Delay of notification (1) In general A governmental entity that is seeking a warrant under section 2703(a) may include in the application for the warrant a request for an order delaying the notification required under section 2703(b) for a period of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (2) Determination A court shall grant a request for delayed notification made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant may result in— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. (3) Extension Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (4) Expiration of the delay of notification Upon expiration of the period of delay of notification under paragraph (2) or (3), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court approving the search warrant, the customer or subscriber— (A) a copy of the warrant; and (B) notice that informs the customer or subscriber— (i) of the nature of the law enforcement inquiry with reasonable specificity; (ii) that information maintained for the customer or subscriber by the provider of electronic communication service or remote computing service named in the process or request was supplied to, or requested by, the governmental entity; (iii) of the date on which the warrant was served on the provider and the date on which the information was provided by the provider to the governmental entity; (iv) that notification of the customer or subscriber was delayed; (v) the identity of the court authorizing the delay; and (vi) of the provision of this chapter under which the delay was authorized. (b) Preclusion of notice to subject of governmental access (1) In general A governmental entity that is obtaining the contents of a communication or information or records under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive for a period of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (2) Determination A court shall grant a request for an order made under paragraph (1) if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive may result in— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. (3) Extension Upon request by a governmental entity, a court may grant one or more extensions of an order granted under paragraph (2) of not more than 180 days in the case of a law enforcement agency, or not more than 90 days in the case of any other governmental entity. (4) Prior notice to law enforcement Upon expiration of the period of delay of notice under this section, and not later than 3 business days before providing notice to a customer or subscriber, a provider of electronic communication service or remote computing service shall notify the governmental entity that obtained the contents of a communication or information or records under section 2703 of the intent of the provider of electronic communication service or remote computing service to notify the customer or subscriber of the existence of the warrant, order, or subpoena seeking that information. (c) Definition In this section and section 2703, the term law enforcement agency means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law, or any other Federal or State agency conducting a criminal investigation. . 5. Evaluation by the Government Accountability Office Not later than September 30, 2015, the Comptroller General of the United States shall submit to Congress a report regarding the disclosure of customer communications and records under section 2703 of title 18, United States Code, which shall include— (1) an analysis and evaluation of such disclosure under section 2703 of title 18, United States Code, as in effect before the date of enactment of this Act, including— (A) a comprehensive analysis and evaluation regarding the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which Federal, State, or local law enforcement officers used section 2703 of title 18, United States Code, to obtain information relevant to an ongoing criminal investigation; (B) an analysis of the average length of time taken by a provider of an electronic communication service or a remote computing service to comply with requests by law enforcement officers for information under section 2703 of title 18, United States Code; (C) the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which information was requested by law enforcement officers from a provider of an electronic communication service or a remote computing service under a warrant as authorized under section 2703(a) of title 18, United States Code; (D) the number of individual instances and type of request, in each of the 5 years before the year in which this Act is enacted, in which information was requested by law enforcement officers from a provider of an electronic communication service or a remote computing service under the other information request provisions in section 2703 of title 18, United States Code; and (E) the number of individual instances, in each of the 5 years before the year in which this Act is enacted, in which law enforcement officers requested delayed notification to the subscriber or customer under section 2705 of title 18, United States Code; and (2) an analysis and evaluation of such disclosure under section 2703 of title 18, United States Code, as amended by this Act, including— (A) an evaluation of the effects of the amendments to the warrant requirements on judges, court dockets, or any other court operations; (B) a survey of Federal, State, and local judges and law enforcement officers to determine the average length of time required for providers of an electronic communication service or a remote computing service to provide the contents of communications requested under a search warrant, which shall include identifying the number of instances in which a judge was required to order a provider of an electronic communication service or a remote computing service to appear to show cause for failing to comply with a warrant or to issue an order of contempt against a provider of an electronic communication service or a remote computing service for such a failure; and (C) determining whether the amendments to the warrant requirements resulted in an increase in the use of the emergency exception under section 2702(b)(8) of title 18, United States Code. 6. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to preclude the acquisition by the United States Government of— (1) the contents of a wire or electronic communication pursuant to other lawful authorities, including the authorities under chapter 119 of title 18 (commonly known as the Wiretap Act ), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision of Federal law not specifically amended by this Act; or (2) records or other information relating to a subscriber or customer of any electronic communications service or remote computing service (not including the content of such communications) pursuant to the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), chapter 119 of title 18 (commonly known as the Wiretap Act ), or any other provision of Federal law not specifically amended by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1852ih/xml/BILLS-113hr1852ih.xml |
113-hr-1853 | I 113th CONGRESS 1st Session H. R. 1853 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Mr. Cassidy introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to reform payment to States under the Medicaid program.
1. Short title This Act may be cited as the Medicaid Accountability and Care Act of 2013 . 2. Medicaid payment reform (a) In general Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting after section 1903 the following section: 1903A. Reformed payment to States (a) Reformed payment system (1) In general For quarters beginning on or after the implementation date (as defined in subsection (k)(1)), in lieu of amounts otherwise payable to a State under this title (including any payments attributable to section 1923), except as otherwise provided in this section, the amount payable to such State shall be equal to the sum of the following: (A) Adjusted aggregate beneficiary-based amount The aggregate beneficiary-based amount specified in subsection (b) for the quarter and the State, adjusted under subsection (e) . (B) Chronic care quality bonus The amount (if any) of the chronic care quality bonus payment specified in subsection (f) for the quarter for the State. (2) Requirement of State share (A) In general A State shall make, from non-Federal funds, expenditures in an amount equal to its State share (as determined under subparagraph (B)) for a quarter for items, services, and other costs for which, but for paragraph (1) , Federal funds would have been payable under this title. (B) State share The State share for a State for a quarter in a fiscal year is equal to the product of— (i) the aggregate beneficiary-based amount specified in subsection (b) for the quarter and the State; and (ii) the ratio of— (I) the State percentage described in subparagraph (D)(ii) for such State and fiscal year; to (II) the Federal percentage described in subparagraph (D)(i) for such State and fiscal year. (C) Nonpayment for failure to pay state share (i) In general If a State fails to expend the amount required under subparagraph (A) for a quarter in a fiscal year, the amount payable to the State under paragraph (1) shall be reduced by the product of the amount by which the State payment is less than the State share and the ratio of— (I) the Federal percentage described in subparagraph (D)(i) for such State and fiscal year; to (II) the State percentage described in subparagraph (D)(ii) for such State and fiscal year. (ii) Grace period A State shall not be considered to have failed to provide payment of its required State share for a quarter under subparagraph (A) if the aggregate State payment towards the State’s required State share for the 4-quarter period beginning with such quarter exceeds the required State share amount for such 4-quarter period. (D) Federal and State percentages In this paragraph, with respect to a State and a fiscal year: (i) Federal percentage The Federal percentage described in this clause is 75 percent or, if higher, the Federal medical assistance percentage for such State for such fiscal year. (ii) State percentage The State percentage described in this clause is 100 percent minus the Federal percentage described in clause (i) . (E) Rules for crediting toward State share (i) General limitation to matchable expenditures A payment for expenditures shall not be counted toward the State share under subparagraph (A) unless Federal payments may be used for such expenditures consistent with paragraph (3)(B). (ii) Further limitations on allowable expenditures A payment for expenditures shall not be counted towards the State share under subparagraph (A) if the expenditure is for any of the following: (I) Abortion Expenditures for an abortion. (II) Intergovernmental transfers An expenditure that is attributable to an intergovernmental transfer. (III) Certified public expenditures An expenditure that is attributable to certified public expenditures. (iii) Crediting fraud and abuse recoveries Amounts recovered by a State through the operation of its Medicaid fraud and abuse control unit described in section 1903(q) shall be fully counted toward the State share under subparagraph (A) . (F) Construction Nothing in the paragraph shall be construed as preventing a State from expending, from non-Federal funds, an amount under this title in excess of the amount of the State share. (G) Determination based upon submitted claims In applying this paragraph with respect to expenditures of a State for a quarter, the determination of the expenditures for such State for such quarter shall be made after the end of the period (which, as of the date of the enactment of this section, is 2 years) for which the Secretary accepts claims for payment under this title with respect to such quarter. (3) Use of Federal payments (A) Application of Medicaid limitations A State may only use Federal payments received under subsection (a) for expenditures for which Federal funds would have been payable under this title but for this section. (B) Limitation for certain eligibles (i) Application of 100 percent federal poverty line limit on eligibility Subject to clause (iii), a State may not use such Federal payments to provide medical assistance for an individual who has an income (as determined under clause (ii)) that exceeds 100 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved. (ii) Determination of income using modified adjusted gross income without any 5 percent increase In determining income for purposes of clause (i) under section 1902(e)(14) (relating to modified adjusted gross income), the following rules shall apply: (I) Application of spend down The State shall take into account the costs incurred for medical care or for any other type of remedial care recognized under State law in the same manner and to the same extent that such State takes such costs into account for purposes of section 1902(a)(17). (II) Disregard of 5 percent increase Subparagraph (I) of section 1902(e)(14) (relating to a 5 percent reduction) shall not apply. (iii) Exception Clause (i) shall not apply to an individual who is— (I) a woman described in clause (i) of section 1903(v)(4)(A); (II) a child who is an individual described in clause (i) of section 1905(a); (III) enrolled in a State plan under this title as of the date of the enactment of this section for the period of continuous enrollment; or (IV) described in section 1902(e)(14)(D) (relating to modified adjusted gross income). (iv) Clarification related to community spouse Nothing in this subparagraph shall supersede the application of section 1924 (related to community spouse income and assets). (4) Exceptions for pass-through payments (A) In general Paragraph (1) shall not apply, and amounts shall continue to be payable under this title (and not under subsection (a) ), in the case of the following payments (and related administrative costs and expenditures): (i) Payments to territories Payments to a State other than the 50 States and the District of Columbia. (ii) Medicare cost sharing Payments attributable to Medicare cost sharing under section 1905(p). (iii) Pediatric vaccines Payments attributable to section 1928. (iv) Emergency services for certain individuals Payments for treatment of emergency medical conditions attributable to the application of section 1903(v)(2). (v) Indian health care facilities Payments for medical assistance described in the third sentence of section 1905(b). (vi) Employer-sponsored insurance (ESI) Payments for medical assistance attributable to payments to employers for employer-sponsored health benefits coverage. (vii) Other populations with limited benefit coverage Other payments that are determined by the Secretary to be related to a specified population for which the medical assistance under this title is limited and does not include any inpatient, nursing facility, or long-term care services. (B) Certain expenses Paragraph (1) shall not apply, and amounts shall continue to be payable under this title (and not under subsection (a) ), in the case of the following: (i) Administration of medicare prescription drug benefit Expenditures described in section 1935(b) (relating to administration of the Medicare prescription drug benefit). (ii) Payments for HIT bonuses Payments under section 1903(a)(3)(F) (relating to payments to encourage the adoption and use of certified EHR technology). (iii) Payments for design, development, and installation of MMIS and eligibility systems Payments under subparagraphs (A)(i) and (H)(i) of section 1903(a)(3) for expenditures for design, development, and installation of the Medicaid management information systems and mechanized verification and information retrieval systems (related to eligibility). (5) Payment of amounts (A) In general Except as the Secretary may otherwise provide, amounts shall be payable to a State under subsection (a) in the same manner as amounts are payable under subsection (d) of section 1903 to a State under subsection (a) of such section. (B) Information and forms (i) Submission As a condition of receiving payment under subsection (a) , a State shall submit such information, in such form, and manner, as the Secretary shall specify, including information necessary to make the computations under subsections (c)(2)(C) and (e). (ii) Uniform reporting The Secretary shall develop such forms as may be needed to assure a system of uniform reporting of such information across States. (C) Required reporting of information on medical loss ratios for managed care The information required to be reported under subparagraph (B)(i) shall include information on the medical loss ratio with respect to coverage provided under each Medicaid managed care plan with a contract with the State under section 1903(m) or 1932. (b) Aggregate beneficiary-Based amount (1) In general The aggregate beneficiary-based amount specified in this subsection for a State for a quarter is equal to the sum of the products, for each of the categories of Medicaid beneficiaries specified in paragraph (2) , of the following: (A) Beneficiary-based quarterly amount The beneficiary-based quarterly amount for such category computed under subsection (c) for such State for such quarter. (B) Number of individuals in category Subject to subsection (d) , the average number of Medicaid beneficiaries enrolled in such category in the State in such quarter. (2) Categories The categories specified in this paragraph are the following: (A) Elderly A category of Medicaid beneficiaries who are 65 years of age or older. (B) Blind or disabled A category of Medicaid beneficiaries not described in subparagraph (A) who are described in section 1937(a)(2)(B)(ii). (C) Children A category of Medicaid beneficiaries not described in subparagraph (B) who are under 21 years of age. (D) Other adults A category of any Medicaid beneficiaries who are not described in a previous subparagraph of this paragraph. (c) Computation of per beneficiary, per category quarterly amount (1) In general For a State, for each category of beneficiary for a quarter— (A) First reform year For quarters in the first reform year (as defined in subsection (k)(2)), the beneficiary-based quarterly amount is equal to 1/4 of the base average per beneficiary Federal payments for such State for such category determined under paragraph (2) , increased by a factor that reflects the sum of the following: (i) Historical medical care component of CPI through previous reform year The percentage increase in the historical medical care component of the Consumer Price Index for all urban consumers (U.S. city average) from the midpoint of the base fiscal year (as defined in paragraph (6) ) to the midpoint of the fiscal year preceding the first reform year. (ii) Projected medical care component of CPI for the first reform year The percentage increase in the projected medical care component of the Consumer Price Index for all urban consumers (U.S. city average) from the midpoint of the previous fiscal year referred to in clause (i) to the midpoint of the first reform year. (B) Second and third reform years The beneficiary-based quarterly amount for a State for a category for quarters in the second reform year or the third reform year is equal to the beneficiary-based quarterly amount under this paragraph for such State and category for the previous reform year increased by the per beneficiary percentage increase (as defined in subparagraph (E)) for such category and reform year. (C) Fourth through tenth reform years The beneficiary-based quarterly amount for a State for a category for quarters in a reform year beginning with the fourth reform year and ending with the tenth reform year is— (i) in the case of a State that is a high per beneficiary State or a low per beneficiary State (as defined in paragraph (4)(B)(iii)) for the category, the amount determined under clause (i) or (ii) of paragraph (4)(B) for such State, category, and reform year; or (ii) in the case of any other State, the beneficiary-based quarterly amount under this paragraph for such State and category for the previous reform year increased by the per beneficiary percentage increase for such category and reform year. (D) Eleventh reform year and subsequent reform years The beneficiary-based quarterly amount for a State for a category for quarters in a reform year beginning with the eleventh reform year is equal to the beneficiary-based quarterly amount under this paragraph for such State and category for the previous reform year increased by the per beneficiary percentage increase for such category and reform year. (E) Annual percentage increase beginning with second reform year For purposes of this subsection, the term per beneficiary percentage increase means, for a reform year, the sum of— (i) the projected percentage change in nominal gross domestic product from the midpoint of the previous reform year to the midpoint of the reform year for which the percentage increase is being applied; and (ii) one percentage point. (2) Base per beneficiary, per category amount for each State (A) Average per category (i) In general The Secretary shall determine, consistent with this paragraph and paragraph (3) , a base per beneficiary, per category amount for each of the 50 States and the District of Columbia equal to the average amount, per Medicaid beneficiary, of Federal payments under this title, including payments attributable to disproportionate share hospital payments under section 1923, for each of the categories of beneficiaries under subsection (b)(2) for the base fiscal year for each of the 50 States and the District of Columbia. (ii) Best available data The determination under clause (i) shall initially be estimated by the Secretary, based upon the best available data at the time the determination is made. (iii) Updates The determination under clause (i) shall be updated by the Secretary on an annual basis based upon improved data. The Secretary shall adjust the amounts under subsection (a)(1)(A) to reflect changes in the amounts so determined based on such updates. (B) Exclusion of pass-through payments In computing base per beneficiary, per category amounts under subparagraph (A)(i) the Secretary shall exclude payments described in subsection (a)(4) . (C) Standardization (i) In general In computing each such amount, the Secretary shall standardize the amount in order to remove the variation attributable to the following: (I) Risk factors Such risk factors as age, health and disability status (including high cost medical conditions), gender, institutional status, and such other factors as the Secretary determines to be appropriate, so as to ensure actuarial equivalence. (II) Geographic Variations in costs on a county-by-county basis. (ii) Method of standardization (I) Consultation in development of risk standardization In developing the methodology for risk standardization for purposes of clause (i)(I), the Secretary shall consult with the Medicaid and CHIP Payment and Access Commission, the Medicare Payment Advisory Commission, and the National Association of Medicaid Directors. (II) Method for risk standardization In carrying out clause (i)(I) , the Secretary may apply the hierarchal condition category methodology under section 1853(a)(1)(C). If the Secretary uses such methodology, the Secretary shall adjust the application of such methodology to take into account the differences in services provided under this title compared to title XVIII, such as the coverage of long term care, pregnancy, and pediatric services. (III) Method for geographic standardization The Secretary shall apply the standardization under clause (i)(II) in a manner similar to that applied under section 1853(c)(4)(A)(iii). (iii) Application on a national, budget neutral basis The standardization under clause (i) shall be designed and implemented on a uniform national basis and shall be budget neutral so as to not result in any aggregate change in payments under subsection (a) . (iv) Response to new risk Subject to clause (iii) , the Secretary may adjust the standardization under clause (i) to respond promptly to new instances of communicable diseases and other public health hazards. (v) Reference to application of risk adjustment For rules related to the application of risk adjustment to amounts under subsection (a)(1)(A), see subsection (e). (D) Adjustment for temporary FMAP increases In computing each base per beneficiary, per category amounts under subparagraph (A)(i) the Secretary shall disregard portions of payments that are attributable to a temporary increase in the Federal matching rates, including those attributable to the following: (i) PPACA disaster FMAP Section 1905(aa). (ii) ARRA Section 5001 of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 1396d note). (iii) Extraordinary employer pension contribution Section 614 of the Children's Health Insurance Program Reauthorization Act of 2009 ( 42 U.S.C. 1396d note). (3) Allocation of nonmedical assistance payments The Secretary shall establish rules for the allocation of payments under this title (other than those payments described in paragraph (1) or (5) of section 1903(a) and including such payments attributable to section 1923)— (A) among different categories of beneficiaries; and (B) between payments included under subsection (a)(1) and payments described in subsection (a)(4). (4) Transition to a corridor around the national average (A) Determination of national average base per beneficiary, per category amount Subject to subparagraph (C), the Secretary shall determine a national average base per beneficiary, per category amount equal to the average of the base per beneficiary, per category amounts for each of the 50 States and the District of Columbia determined under paragraph (2) , weighted by the average number of beneficiaries in each such category and State as determined by the Secretary consistent with subsection (d) for the base fiscal year. (B) Transition adjustment (i) High per beneficiary states In the case of a high per beneficiary State (as defined in clause (iii)(I) ) for a category, the beneficiary-based quarterly amount for such State and category for a quarter in a reform year (beginning with the fourth reform year and ending with the tenth reform year) is equal to the sum of— (I) the product of the State-specific factor for such reform year (as defined in clause (iv) ) and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for such State and category if the State were a State described in clause (ii) of paragraph (1)(C), instead of a State described in clause (i) of such paragraph; and (II) the product of 1 minus the State-specific factor for such reform year and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for a State and category if the base per beneficiary, per category amount determined under paragraph (2) for the State and category were equal to 110 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category. (ii) Low per beneficiary states In the case of a low per beneficiary State (as defined in clause (iii)(II) ) for a category, the beneficiary-based quarterly amount for such State and category for a quarter in a reform year (beginning with the fourth reform year and ending with the tenth reform year) is equal to the sum of— (I) the product of the State-specific factor for such reform year and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for such State and category if the State were a State described in clause (ii) of paragraph (1)(C), instead of a State described in clause (i) of such paragraph; and (II) the product of 1 minus the State-specific factor for such reform year and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for a State and category if the base per beneficiary, per category amount determined under paragraph (2) for the State and category were equal to 90 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category. (iii) High and low per beneficiary States defined In this subparagraph: (I) High per beneficiary State The term high per beneficiary State means, with respect to a category, a State for which the base per beneficiary, per category amount determined under paragraph (2) for such category is greater than 110 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category. (II) Low per beneficiary State The term low per beneficiary State means, with respect to a category, a State for which the base per beneficiary, per category amount determined under paragraph (2) for such category is less than 90 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category. (iv) State-specific factor In this subparagraph, the term State-specific factor means— (I) for the fourth reform year, 7/8 ; and (II) for a subsequent reform year, the State-specific factor under this clause for the previous reform year minus 1/8. (C) No additional expenditures (i) Determination of increase in Federal expenditures For each category for each reform year (beginning with the fourth reform year and ending with the tenth reform year), the Secretary shall determine whether the application of this paragraph— (I) to the category for the reform year will result in an aggregate increase in the aggregate Federal expenditures under subsection (a) ; and (II) to all the categories for the reform year will result in a net aggregate increase in the aggregate Federal expenditures under subsection (a) . (ii) Adjustment If the Secretary determines under clause (i)(II) that the application of this paragraph to all the categories for a reform year will result in a net aggregate increase in the aggregate Federal expenditures under subsection (a), the Secretary shall reduce the national average base per beneficiary, per category amount computed under subparagraph (A) for each of the categories determined under clause (i)(I) for which there will be an aggregate increase in the aggregate Federal expenditures under subsection (a) by such uniform percentage as will ensure that there is no net aggregate Federal expenditure increase described in clause (i)(II) for the reform year. (5) Reports on per beneficiary rates; appeals (A) Report to states Not later than 8 months after the date of the enactment of this section, the Secretary shall submit to each State the Secretary’s initial determination of— (i) the base per beneficiary, per category amounts under paragraph (2) for such State; and (ii) the national average base per beneficiary, per category amounts under paragraph (4)(A) . (B) Opportunity to appeal Not later than 3 months after the date a State receives notice of the Secretary’s initial determination of such base per beneficiary, per category amounts for such State under subparagraph (A)(i) , the State may file with the Secretary, in a form and manner specified by the Secretary, an appeal of such determination. (C) Determination on appeal Not later than 3 months after receiving such an appeal, the Secretary shall make a final determination on such amounts for such State. If no such appeal is received for a State, the Secretary’s initial determination under subparagraph (A)(i) shall become final. (6) Base fiscal year defined In this section, the term base fiscal year means the latest fiscal year, ending before the date of the enactment of this section, for which the Secretary determines that adequate data are available to make the computations required under this subsection. (d) Not counting individuals To account for excluded payments Under rules specified by the Secretary, individuals shall not be counted as Medicaid beneficiaries for purposes of subsection (b)(1)(B) and subsection (c)(2)(A) in proportion to the extent that such individuals are receiving medical assistance for which payments described under subsection (a)(4)(A) are made. (e) Risk Adjustment (1) In general The amount under subsection (a)(1)(A) shall be adjusted under this subsection in an appropriate manner, specified by the Secretary and consistent with paragraph (2) , to take into account— (A) the factors described in subsection (c)(2)(C)(i)(I) within a category of beneficiaries; and (B) variations in costs on a county-by-county basis for medical assistance and administrative expenses. (2) Method of adjustment (A) In general The adjustments under paragraph (1) shall be made in a manner similar to the manner in which similar adjustments are made under subsection (c)(2)(C) and consistent with the requirements of clause (iii) of such subsection and subparagraph (B). (B) Biannual update of risk adjustment methodology In applying clause (i)(I) of subsection (c)(2)(C) for purposes of subparagraph (A), the Secretary shall, in consultation with the entities described in clause (ii)(I) of such subsection, update the risk adjustment methodology applied as appropriate not less often than every 2 years. (f) Chronic care quality bonus payments (1) Determination of bonus payments If the Secretary determines that, based on the reports under paragraph (5) , with respect to categories of chronic disease for which chronic care performance targets had been established under paragraph (3) for each category of Medicaid beneficiaries specified under subsection (b)(2) such targets have been met by a State for a reform year, the Secretary shall make an additional payment to such State in the amount specified in paragraph (6) for each quarter in the succeeding reform year. Such payments shall be made in a manner specified by the Secretary and may only be used consistent with subsection (a)(3) . (2) Identification of categories of chronic disease The Secretary shall determine the categories of chronic disease for which bonus payments may be available under this subsection for each category of Medicaid beneficiaries. (3) Adoption of quality measurement system and identification of performance targets (A) System and data With respect to the categories of chronic disease under paragraph (2) , the Secretary shall adopt a quality measurement system that uses data described in paragraph (4) and is similar to the Five-Star Quality Rating System used to indicate the performance of Medicare Advantage plans under part C of title XVIII. (B) Targets Using such system and data, the Secretary shall establish for each reform year the chronic care performance targets for purposes of the payments under paragraph (1) . Such performance targets shall be established in consultation with States, associations representing individuals with chronic illnesses, entities providing treatment to such individuals for such chronic illnesses, and other stakeholders, including the National Association of Medicaid Directors and the National Governors Association. (4) Data to be used The data to be used under paragraph (3) shall include— (A) data collected through methods such as— (i) the Healthcare Effectiveness Data and Information Set (also known as HEDIS ) (or an appropriate successor performance measurement tool); (ii) the Consumer Assessment of Healthcare Providers and Systems (also known as CAHPS ) (or an appropriate successor performance measurement tool); and (iii) the Health Outcomes Survey (also known as HOS ) (or an appropriate successor performance measurement tool); and (B) other data collected by the State. (5) Reports (A) In general Each State shall collect, analyze, and report to the Secretary, at a frequency and in a manner to be established by the Secretary, data described in paragraph (4) that permit the Secretary to monitor the State’s performance relative to the chronic care performance targets established under paragraph (3) . (B) Review and verification The Secretary may review the data collected by the State under subparagraph (A) to verify the State’s analysis of such data with respect to the performance targets under paragraph (3) . (6) Amount of bonus payments (A) In general Subject to subparagraphs (B) and (C), with respect to each category of Medicaid beneficiaries, in the case of a State that the Secretary determines, based on the chronic care performance targets set under paragraph (3) for a reform year for such category, performs— (i) in the top five States in such category, subject to subparagraph (C)(ii), the amount of the bonus for each quarter in the succeeding reform year shall be 10 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category; (ii) in the next five States in such category, subject to subparagraph (C)(ii), the amount of the bonus for each such quarter shall be 5 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category; (iii) in the next five States in such category, subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus for each such quarter shall be 3 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category; (iv) in the next five States in such category, subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus for each such quarter shall be 2 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category; and (v) in the next five States in such category, subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus for each such quarter shall be 1 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category. (B) Aggregate annual limit for each category of Medicaid beneficiaries (i) In general In no case may the aggregate amount of bonuses under this subsection for quarters in a reform year for a category of Medicaid beneficiaries exceed the limit specified in clause (ii) for the reform year. (ii) Limit The limit specified in this clause— (I) for the second reform year is equal to $250,000,000; or (II) for a subsequent reform year is equal to the limit specified in this clause for the previous reform year increased by the per beneficiary percentage increase determined under paragraph (1)(E) of subsection (c). (C) Limitation and proration of bonuses based on application of aggregate limit (i) No bonus for third or subsequent tiers unless aggregate limit not reached on first two tiers No bonus shall be payable under clause (iii), (iv), or (v) of subparagraph (A) for a category of Medicaid beneficiaries for a quarter in a reform year unless the aggregate amount of bonuses under clauses (i) and (ii) of such subparagraph for such category and reform year is less than the limit specified in subparagraph (B)(ii) for the reform year. (ii) Proration for first two tiers If the aggregate amount of bonuses under clauses (i) and (ii) of subparagraph (A) for a category of Medicaid beneficiaries for quarters in a reform year exceeds the limit specified in subparagraph (B)(ii) for the reform year, the amount of each such bonus shall be prorated in a manner so the aggregate amount of such bonuses is equal to such limit. (iii) Proration for next three tiers If the aggregate amount of bonuses under clauses (i) and (ii) of subparagraph (A) for a category of Medicaid beneficiaries for quarters in a reform year is less than the limit specified in subparagraph (B)(ii) for the reform year, but the aggregate amount of bonuses under clauses (i) through (v) of subparagraph (A) for the category and such quarters in the reform year exceeds the limit specified in subparagraph (B)(ii) for the reform year, the amount of each bonus in clauses (iii), (iv), and (v) of subparagraph (A) shall be prorated in a manner so the aggregate amount of all the bonuses under subparagraph (A) is equal to such limit. (g) State option for receiving Medicare payments for full-Benefit dual eligible individuals (1) In general Under this subsection a State may elect for quarters beginning on or after the implementation date in a reform year to receive payment from the Secretary under paragraph (3) . As a condition of receiving such payment, the State shall agree to provide to full-benefit dual eligible individuals eligible for medical assistance under the State plan— (A) the medical assistance to which such eligible individuals would otherwise be entitled under this title; and (B) any items and services which such eligible individuals would otherwise receive under title XVIII. (2) Provider payment requirement (A) In general A State electing the option under this subsection shall provide payment to health care providers for the items and services described under paragraph (1)(B) at a rate that is not less than the rate at which payments would be made to such providers for such items and services under title XVIII. (B) Flexibility in payment methods Nothing in subparagraph (A) shall be construed as preventing a State from using alternative payment methodologies (such as bundled payments or the use of accountable care organizations (as such term is used in section 1899)) for purposes of making payments to health care providers for items and services provided to dual eligible individuals in the State under the option under this subsection. (3) Payments to States in lieu of Medicare payments With respect to a full-benefit dual eligible individual, in the case of a State that elects the option under paragraph (1) for quarters in a reform year— (A) the Secretary shall not make any payment under title XVIII for items and services furnished to such individual for such quarters; and (B) the Secretary shall pay to the State, in addition to the amounts paid to such State under subsection (a) , the amount that the Secretary would, but for this subsection, otherwise pay under title XVIII for items and services furnished to such an individual in such State for such quarters. (4) Full-benefit dual eligible individual defined In this subsection, the term full-benefit dual eligible individual means an individual who meets the requirements of section 1935(c)(6)(A)(ii). (h) Audits The Secretary shall conduct such audits on the number and classification of Medicaid beneficiaries under such subsections and expenditures under this section as may be necessary to ensure appropriate payments under this section. (i) Treatment of waivers (1) No impact on current waivers In the case of a waiver of requirements of this title pursuant to section 1115 or other law that is in effect as of the date of the enactment of this section, nothing in this section shall be construed to affect such waiver for the period of the waiver as approved as of such date. (2) Application of budget neutrality to subsequent waivers and renewals taking section into account In the case of a waiver of requirements of this title pursuant to section 1115 or other law that is approved or renewed after the date of the enactment of this section, to the extent that such approval or renewal is conditioned upon a demonstration of budget neutrality, budget neutrality shall be determined taking into account the application of this section. (j) Report to Congress Not later than January 1 of the second reform year, the Secretary shall submit to Congress a report on the implementation of this section. (k) Definitions In this section: (1) Implementation date The term implementation date means— (A) July 1, 2015, if this section is enacted on or before July 1, 2014; or (B) July 1, 2016, if this section is enacted after July 1, 2014. (2) Reform years (A) The term reform year means a fiscal year beginning with the first reform year. (B) The term first reform year means the fiscal year in which the implementation date occurs. (C) The terms second , third , and successive similar terms mean, with respect to a reform year, the second, third, or successive reform year, respectively, succeeding the first reform year. . (b) Conforming amendments (1) Continued application of clawback provisions (A) Continued application Subsections (a) and (c)(1)(C) of section 1935 of such Act ( 42 U.S.C. 1396u–5 ) are each amended by inserting or 1903A(a) after 1903(a) . (B) Technical amendment Section 1935(d)(1) of the Social Security Act (42 U.S.C. 1396u–5(d)(1)) is amended by inserting except as provided in section 1903A(g) after any other provision of this title . (2) Payment rules under section 1903 (A) Section 1903(a) of such Act ( 42 U.S.C. 1396b(a) ) is amended, in the matter before paragraph (1), by inserting and section 1903A after except as otherwise provided in this section . (B) Section 1903(d) of such Act (42 U.S.C. 1396b(d)) is amended— (i) in paragraph (1), by inserting and under section 1903A after subsections (a) and (b) ; (ii) in paragraph (2)— (I) in subparagraph (A), by inserting or section 1903A after was made under this section ; and (II) in subparagraph (B), by inserting or section 1903A after under subsection (a) ; (iii) in paragraph (4)— (I) by striking under this subsection and inserting , with respect to this section or section 1903A, under this subsection ; and (II) by striking under this section and inserting under the respective section ; and (iv) in paragraph (5), by inserting or section 1903A after overpayment under this section . (3) Conforming waiver authority Section 1115(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1315(a)(2)(A) ) is amended by striking or 1903 and inserting 1903, or 1903A . (4) Report on additional conforming amendments needed Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that includes a description of any additional technical and conforming amendments to law that are required to properly carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1853ih/xml/BILLS-113hr1853ih.xml |
113-hr-1854 | I 113th CONGRESS 1st Session H. R. 1854 IN THE HOUSE OF REPRESENTATIVES May 7, 2013 Ms. Chu (for herself, Mr. Cárdenas , Mr. Cartwright , Mr. Conyers , Mr. Grijalva , Mr. Honda , Ms. Jackson Lee , Ms. Lee of California , Mr. Lowenthal , Mrs. Negrete McLeod , Mr. Rangel , Ms. Shea-Porter , Ms. Sinema , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To increase the recruitment and retention of school counselors, school social workers, school psychologists, and other psychologists qualified to work in schools by low-income local educational agencies.
1. Short title This Act may be cited as the Partnerships for Achieving Student Success Act or the PASS Act . 2. Findings Congress finds the following: (1) Research shows that low socioeconomic status and certain family risk factors, such as low maternal education level and being from a single parent household, are highly correlated with poor educational outcomes, with a concentration of low-performing schools in low-income and under-served communities. (2) Research shows that teachers cite poor working conditions, student behavior, lack of student motivation, and lack of administrative support as key reasons why they choose to leave the teaching profession. It is essential to student achievement that we address these issues inside and outside of the classroom in order to support both our students and their educators. (3) Teachers and principals working for low-income local educational agencies are increasingly tasked with addressing not only the academic needs of a child, but also the social, emotional, and behavioral needs of a child that require the services of a school counselor, school social worker, school psychologist, and other qualified psychologists, and these needs often interfere with delivering quality instruction and raising student achievement. (4) Expanded school mental health services in elementary schools have been found to improve aspects of school climate. (5) Only 16 percent of children who need mental health services receive such services. Seventy to eighty percent of these children access mental health services at school. (6) Students are more likely to seek help when they need it if school-based mental health services are available. (7) Rates of maltreatment and neglect of young children in military families have shown dramatic increases during the parental deployments that have accompanied the increased military involvement of the United States abroad since October 2002. Likewise, adolescents with deployed parents report increased perceptions of uncertainty and loss, role ambiguity, negative changes in mental and behavioral health, and increased relationship conflict; children exhibit increases in behavior disorders, stress disorders, and emotional difficulties, and decreases in achievement in most academic subjects. These trends raise concerns about the impact of deployment on military personnel and their families and whether schools that serve a large number of children with deployed parents have sufficient staff and expertise to meet these challenges. (8) Children of military families in rural communities are often geographically isolated, and schools that were already experiencing understaffing of school counselors, school social workers, school psychologists, and other qualified psychologists face even greater challenges meeting the increased needs of students enduring the stress that comes along with having a deployed parent or parents. (9) Schools served by low-income local educational agencies suffer disproportionately from a lack of services, with many schools sharing a single school counselor, school social worker, school psychologist, or other qualified psychologist with neighboring schools. (10) Too few school counselors, school social workers, school psychologists, and other qualified psychologists per student means that such personnel are often unable to effectively address the needs of students. (11) ) The American School Counselor Association and American Counseling Association recommend having at least 1 school counselor for every 250 students. (12) The School Social Work Association of America recommends having at least 1 school social worker for every 400 students. (13) The National Association of School Psychologists recommends having at least 1 psychologist for every 500–700 students. (14) Recent research of victimization of children ages 2 to 17 suggests that more than one-half of the children experienced a physical assault in the study year. More than 1 in 4 experienced a property offense, more than 1 in 8 experienced a form of child maltreatment, 1 in 12 experienced a sexual victimization, and more than 1 in 3 had been a witness to violence or experienced another form of indirect victimization. Only 29 percent of the children had no direct or indirect victimization. (15) Principals and teachers see signs of trauma-related stress in many students including hostile outbursts, sliding grades, poor test performance, and the inability to pay attention. (16) There were more than 423,000 children in foster care in 2009, and studies have revealed these children to have higher rates of placement in special education, dropping out of school, and discipline problems, and poorer academic skills than their nonfoster care peers. 3. Purpose The purpose of this Act is to increase the recruitment and retention of school counselors, school social workers, school psychologists, and other qualified psychologists by low-income local educational agencies to— (1) support all students who are at risk of negative educational outcomes; (2) improve student achievement, which may be measured by growth in academic achievement on tests required by the applicable State educational agency, persistence rates, graduation rates, and other appropriate measures; (3) increase and improve outreach and collaboration among school counselors, school social workers, school psychologists, and other qualified psychologists, and parents and families served by low-income local educational agencies; (4) increase and improve collaboration among teachers, principals, school counselors, school social workers, school psychologists, and other qualified psychologists and improve professional development opportunities for teachers and principals in the area of strategies related to improving classroom climate and classroom management; and (5) improve working conditions for all school personnel. 4. Grant program to increase the number of school counselors, school social workers, school psychologists, and other psychologists qualified to work in schools employed by low-income local educational agencies (a) Grant Program authorized The Secretary shall award grants, on a competitive basis, to eligible partnerships to conduct demonstration research projects to increase the number of and effectiveness of school counselors, school social workers, school psychologists, and other qualified psychologists served by low-income local educational agencies by carrying out any of the activities described in subsection (g). (b) Grant Period A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress, as the Secretary determines appropriate. (c) Application To be eligible to receive a grant under this section, an eligible graduate institution, on behalf of an eligible partnership, shall submit a grant application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) an assessment of the existing ratios of school counselors, school social workers, school psychologists, and other qualified psychologists to students enrolled in schools in each low-income local educational agency that is part of the eligible partnership; and (2) a detailed description of— (A) a plan to carry out a pipeline program to train, place, and retain school counselors, school social workers, school psychologists, or other qualified psychologists, or any combination thereof, as applicable, in low-income local educational agencies; and (B) the proposed allocation and use of grant funds to carry out activities described in subsection (g). (d) Peer Review Panel (1) Establishment of Panel The Secretary shall establish a peer review panel to evaluate applications for grants submitted under subsection (c) and make recommendations to the Secretary regarding such applications. (2) Evaluation of Applications In making its recommendations, the peer review panel shall take into account the purpose of this Act and the application requirements under subsection (c) , including the quality of the proposed pipeline program. (3) Recommendation of Panel The Secretary may award grants under this section only to eligible partnerships whose applications receive a recommendation from the peer review panel. (4) Membership of panel The members of panel established under this section shall be school mental health professionals and administrators selected by the Secretary. (e) Distribution of grants From among the applications receiving a recommendation by the peer review panel, the Secretary shall— (1) award the first 5 grants to eligible partnerships from 5 different States; (2) to the extent practicable, distribute grants equitably among eligible partnerships that propose to train graduate students in each of the professions of school counseling, school social work, or school psychology, or as other qualified psychologists; and (3) to the extent practicable, equitably distribute the grants among eligible partnerships that include an urban low-income local educational agency and eligible partnerships that include a rural low-income local educational agency, with, at a minimum, a percentage of the funds, equal to the percentage of low-income children in the United States who are served by rural local educational agencies (based on the Small Area Income and Poverty Estimates of the Bureau of Census, for the most recent year such information is available), awarded to eligible partnerships that include a rural low-income local educational agency. (f) Priority The Secretary shall give priority to eligible partnerships that— (1) propose to use the grant funds to carry out the activities described under paragraphs (1) through (3) of subsection (g) in schools that have higher numbers or percentages of low-income students and students not meeting the proficient level of achievement (as described by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311)) in comparison to other schools that are served by the low-income local educational agency that is part of the eligible partnership; (2) include a low-income local educational agency that has fewer school counselors, school social workers, school psychologists, and other qualified psychologists per student than other eligible partnerships; (3) include one or more eligible graduate institutions that offer graduate programs in the greatest number of the following areas: (A) school counseling; (B) school social work; (C) school psychology; and (D) programs that train graduate students as other qualified psychologists; and (4) propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs. (g) Use of grant funds Grant funds awarded under this section shall be used— (1) to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and stipends as necessary and appropriate) related to— (A) having graduate students of school counseling, school social work, school psychology, and programs that train graduate students as other qualified psychologists placed in schools served by participating low-income local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and (B) offering required graduate course work for graduate students of school counseling, school social work, and school psychology, and programs that train graduate students as other qualified psychologists on the site of a participating low-income local educational agency or its schools; (2) for not more than the first 3 years after participating graduates receive a masters or other graduate degree or obtain a State license or credential in school counseling, school social work, school psychology or as other qualified psychologists, to hire and pay all or part of the salaries of such participating graduates to work as school counselors, school social workers, school psychologists, and other qualified psychologists in schools served by participating low-income local educational agencies; (3) to increase the number of school counselors, school social workers, school psychologists, and other qualified psychologists per student in schools served by participating low-income local educational agencies to work towards the student support personnel target ratios; (4) to recruit, hire, and retain culturally or linguistically under-represented graduate students in school counseling, school social work, or school psychology, or from programs that train graduate students as other qualified psychologists for placement in schools served by participating low-income educational agencies; (5) to recruit, hire, and pay faculty as necessary to increase the capacity of a participating eligible graduate institution— (A) to train graduate students in the fields of school counseling, school social work, and school psychology; and (B) to increase the capacity of programs that train graduate students as other qualified psychologists; (6) to develop coursework that will— (A) encourage a commitment by graduate students in school counseling, school social work, or school psychology, or programs that train graduate students as other qualified psychologists to work for low-income local educational agencies; (B) give participating graduates the knowledge and skill sets necessary to meet the needs of— (i) students and families served by low-income local educational agencies; and (ii) teachers, administrators, and other staff who work for low-income local educational agencies; (C) enable participating graduates to meet the unique needs of students at risk of negative educational outcomes, including students who— (i) are English language learners; (ii) have a parent or caregiver who is a migrant worker; (iii) have a parent or caregiver who is a member of the Armed Forces or National Guard who has been deployed or returned from deployment; (iv) are homeless, including unaccompanied youth; (v) have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons; (vi) have been identified as eligible for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) or the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (vii) have been a victim to or witnessed domestic violence or violence in their community; and (viii) are foster care youth, youth aging out of foster care, or former foster youth; and (D) utilize, subject to approval by the Secretary— (i) peer-reviewed best practices and best evidence from the fields of school counseling, school social work, and school psychology; or (ii) other best practices that have been published through a peer review process; (7) to provide tuition credits to graduate students participating in the program; (8) for student loan forgiveness for participating graduates who are employed as school counselors, school social workers, school psychologists, or other qualified psychologists by participating low-income local educational agencies for a minimum of 5 consecutive years; and (9) for similar activities to fulfill the purpose of this Act, as the Secretary determines appropriate. (h) Supplement not supplant Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds for the activities described in subsection (g). (i) Reporting requirements Each eligible partnership that receives a grant under this section shall submit an annual report to the Secretary on the progress of such partnership in carrying out the purpose of this Act. Such report shall include a description of— (1) actual service delivery provided through grant funds, including— (A) characteristics of each participating eligible graduate institution, including descriptive information on the model used and actual program performance; (B) characteristics of graduate students participating in the program, including performance on any tests required by the State educational agency for credentialing or licensing, demographic characteristics, and graduate student retention rates; (C) characteristics of students of the participating low-income local educational agency, such as performance on any tests required by the State educational agency, demographic characteristics, and promotion, persistence, and graduation rates, as appropriate; (D) an estimate of the annual implementation costs of the program; and (E) the numbers of students, schools, and graduate students participating in the program; (2) outcomes that are consistent with the purpose of the grant program, including— (A) internship and post-graduation placement; (B) graduation and professional career readiness indicators; and (C) characteristics of the participating low-income local educational agency, including changes in hiring and retention of highly qualified teachers and school counselors, school psychologists, school social workers, and other qualified psychologists; (3) the instruction, materials, and activities being funded under the grant program; and (4) the effectiveness of any training and ongoing professional development provided— (A) to students and faculty in the appropriate departments or schools of the participating eligible graduate institution; (B) to the faculty, administration, and staff of the participating low-income local educational agency; and (C) to the broader community of providers of social, emotional, behavioral, and related support to students and to those who train such providers. (j) Evaluations (1) Interim evaluations The Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (i) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress. (2) Final evaluation The Secretary shall conduct a final evaluation to— (A) determine the effectiveness of the grant program in carrying out the purpose of this Act; and (B) compare the relative effectiveness of each of the various activities described by subsection (g) for which grant funds may be used. (k) Report Not sooner than 5 years nor later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the evaluation conducted under subsection (j)(2), and such recommendations as the Secretary considers appropriate. (l) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2014 through 2024. (2) Reservation for evaluations From the total amount appropriated to carry out this section each fiscal year, the Secretary shall reserve not more than 3 percent of that appropriation for evaluations under subsection (j). 5. Student loan forgiveness for individuals who are employed for 5 or more consecutive school years as school counselors, school social workers, school psychologists, or other qualified psychologists by low-income local educational agencies (a) Establishment of program The Secretary shall establish a program to provide student loan forgiveness to individuals who are not and have never been participants in the grant program established under section 4 and who have been employed for 5 or more consecutive school years as school counselors, school social workers, school psychologists, or other qualified psychologists by low-income local educational agencies. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program under this section. 6. Future designation study (a) In general The Secretary shall conduct a study to identify a formula for future designation of regions with a shortage of school counselors, school social workers, school psychologists, and other qualified psychologists to use in implementing grant programs and other programs such as the programs established under this Act or for other purposes related to any such designation, based on the latest available data on— (1) the number of residents under the age of 18 in an area served by a low-income local educational agency; (2) the percentage of the population of an area served by a low-income local educational agency with incomes below the poverty line; (3) the percentage of residents age 18 or older of an area served by a low-income local educational agency who have earned secondary school diplomas; (4) the percentage of students identified as eligible for special education services in an area served by a low-income local educational agency; (5) the youth crime rate in an area served by a low-income local educational agency; (6) the current number of full-time-equivalent and active school counselors, school social workers, school psychologists, and other qualified psychologists employed by a low-income local educational agency; (7) the number of students in an area served by a low-income local educational agency in military families (active duty and reserve duty) with parents who have been alerted for deployment, are currently deployed, or have returned from a deployment in the previous school year; and (8) such other criteria as the Secretary considers appropriate. (b) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a). 7. Definitions In this Act: (1) School counseling program definitions The terms school counselor , school psychologist , and school social worker have the meanings given the terms in section 5421 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7245 ). (2) Other qualified psychologist The term other qualified psychologist has the meaning given the term in section 5421(e)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245(e)(2)), except that such term also includes individuals who— (A) meet the requirements of subparagraphs (A) and (B) of such section 5421(e)(2); and (B) in lieu of demonstrated competence in counseling children in a school setting, have practical experience and demonstrated competence in providing psychological services to children in such a setting. (3) ESEA general definitions The terms highly qualified , local educational agency , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Best practices The term best practices means a technique or methodology that, through experience and research related to the practice of school counseling, school psychology, or school social work, has proven to reliably lead to a desired result. (5) Eligible graduate institution The term eligible graduate institution means an institution of higher education that offers a program of study that leads to a masters or other graduate degree— (A) in school psychology that is accredited or nationally recognized by the National Association of School Psychologists Program Approval Board and that prepares students in such program for the State licensing or certification examination in school psychology; (B) in school counseling that prepares students in such program for the State licensing or certification examination in school counseling; (C) in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification exam in school social work; (D) in psychology that is accredited by the American Psychological Association and that prepares students in such program for the State licensing examination for psychologists; or (E) in any combination of the fields described in subparagraph (A), (B), (C), or (D). (6) Eligible partnership The term eligible partnership means— (A) a partnership between one or more low-income local educational agencies and one or more eligible graduate institutions; or (B) in regions in which local educational agencies may not have a sufficient elementary and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of one or more low-income local educational agencies, and one or more eligible graduate institutions. (7) Institution of higher education 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 ), but excludes any institution of higher education described in section 102(a)(1)(C) of such Act. (8) Low-income local educational agency The term low-income local educational agency means a local educational agency— (A) in which not less than 20 percent of the students served by such agency are from families with incomes below the poverty line, as determined by the Bureau of the Census on the basis of the most recent satisfactory data available; (B) that has existing ratios of school counselors, school social workers, school psychologists, and other qualified psychologists to students served by the participating low-income local educational agency that fall at least 10 percent below the student support personnel target ratios, meaning such low-income local educational agency has no more than one counselor per 277 students, no more than one school psychologist per 1,111 students, and no more than one school social worker per 444 students; and (C) that has been identified for improvement or corrective action (as described in section 1116(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(c))) or that includes at least one school that has been identified for school improvement, corrective action, or restructuring (as described in section 1116(b) of such Act). (9) Participating eligible graduate institution The term participating eligible graduate institution means an eligible graduate institution that is part of an eligible partnership awarded a grant under section 4. (10) Participating graduate The term participating graduate means an individual who— (A) has— (i) received a masters or other graduate degree from a participating eligible graduate institution in elementary or secondary school counseling, school social work, school psychology, or from a program that trains students as other qualified psychologists; and (ii) obtained a State license or credential in school counseling, school social work, school psychology, or psychology; and (B) as a graduate student of school counseling, school social work, or school psychology, or a program that trains graduate students as other qualified psychologists was placed in a school served by a participating low-income local educational agency to complete required field work, credit hours, internships, or related training, as applicable. (11) Participating low-income local educational agency The term participating low-income local educational agency means a low-income local educational agency that is part of an eligible partnership awarded a grant under section 4. (12) Secretary The term Secretary means the Secretary of Education. (13) Student support personnel target ratios The term student support personnel target ratios means the ratios of school counselors, school social workers, school psychologists, and other qualified psychologists to students recommended to enable such personnel to effectively address the needs of students, including— (A) at least 1 school counselor for every 250 students (as recommended by the American School Counselors Association and American Counseling Association); (B) at least 1 school psychologist for every 500 to 700 students (as recommended by the National Association of School Psychologists); and (C) at least 1 school social worker for every 400 students (as recommended by the School Social Work Association of America). (14) Unaccompanied youth The term unaccompanied youth has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1854ih/xml/BILLS-113hr1854ih.xml |
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