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113-hr-2856
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I 113th CONGRESS 1st Session H. R. 2856 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Fitzpatrick (for himself, Mr. Blumenauer , Mr. Moran , Mr. Farr , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, of any live animal of any prohibited wildlife species.
1. Short title This Act may be cited as the Captive Primate Safety Act . 2. Addition of nonhuman primates to definition of prohibited wildlife species Section 2(g) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371(g) ) is amended by inserting before the period at the end or any nonhuman primate . 3. Captive wildlife amendments (a) Prohibited acts Section 3 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372 ) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting or after the semicolon; (ii) in subparagraph (B)(iii), by striking ; or and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting or subsection (e) before the period; and (2) in subsection (e)— (A) by striking (e) and all that follows through paragraph (1) and inserting the following: (e) Captive Wildlife Offense (1) In general It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species. ; and (B) in paragraph (2)— (i) by striking so much as precedes subparagraph (A) and inserting the following: (2) Limitation on application Paragraph (1) does not apply to any person who— ; (ii) in subparagraph (A), by inserting before the semicolon at the end and does not allow direct contact between the public and prohibited wildlife species ; (iii) in subparagraph (B), by striking State-licensed wildlife rehabilitator, ; (iv) in subparagraph (C)— (I) in clauses (ii) and (iii), by striking animals listed in section 2(g) each place it appears and inserting prohibited wildlife species ; (II) in clause (iv), by striking animals and inserting prohibited wildlife species ; and (III) by striking or after the semicolon at the end; (v) in subparagraph (D)— (I) by striking animal each place it appears and inserting prohibited wildlife species ; and (II) by striking the period at the end and inserting ; or ; and (vi) by adding at the end the following: (E) is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if— (i) the nonhuman primate is a single animal of the genus Cebus; (ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008, was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; (iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment; (iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii); (v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species; (vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and (vii) the transportation of the nonhuman primate is in compliance with— (I) all applicable State and local restrictions regarding the transport; and (II) all applicable State and local requirements regarding permits or health certificates. . (b) Civil Penalties Section 4(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a) ) is amended— (1) in paragraph (1), by inserting (e), after subsections (b), (d), ; and (2) in paragraph (1), by inserting , (e), after subsection (d) . (c) Criminal Penalties Section 4(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(d) ) is amended— (1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting (e), after subsections (b), (d), each place it appears; and (2) in paragraph (3), by inserting , (e), after subsection (d) . (d) Effective date; regulations (1) Effective date Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of— (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. 4. Applicability provision amendment Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191 ) is amended— (1) in subsection (a), by striking (a) In general.— Section 3 and inserting Section 3 ; and (2) by striking subsection (b). 5. Regulations Section 7(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3376(a) ) is amended by adding at the end the following: (3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e). .
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113-hr-2857
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I 113th CONGRESS 1st Session H. R. 2857 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Barletta introduced the following bill; which was referred to the Committee on Small Business , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Small Business Act to provide the interest rate for certain disaster related loans, and for other purposes.
1. Short title This Act may be cited as the Disaster Loan Fairness Act of 2013 . 2. Interest rate for certain disaster related loans Section 7(d) of the Small Business Act is amended by adding at the end the following: (8) (A) Upon application, the Administration shall grant an interest rate determined under this paragraph with respect to any qualifying disaster loan. (B) For the purposes of this paragraph a qualifying disaster loan is the Administration’s share of a loan— (i) for which the interest rate would be set pursuant to paragraph (5) but for the operation of this paragraph; (ii) which is or was made with respect to activity in an area when the President has declared a major disaster in that area under section 401 of the Stafford Act; and (iii) which is or was made 30 days after the date of the enactment of this paragraph or later. (C) The Administrator shall determine the interest rate for each calendar year to be the lesser of— (i) 4 percent; and (ii) a rate equivalent to 1/2 the rate prevailing in the private market for similar loans for those unable to attain credit elsewhere and 3/4 of that prevailing rate for those able to attain credit elsewhere. (D) Not later than one year after the date of the enactment of the Disaster Loan Fairness Act of 2013 , the Administrator shall report to Congress as part of the annual report under section 10(a) on whether the interest rate provided by this paragraph has resulted in any or all of the following: (i) A greater number of applications for disaster related loans. (ii) A greater number of approvals of disaster related loans. (iii) A decreased default rate on disaster related loans. . 3. Termination of use of public funds for political party nominating conventions Section 9008 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Termination of use of funds for conventions Notwithstanding any other provision of this section, in the case of any Presidential election held after 2012— (1) the Secretary shall not make any payments under subsection (b)(3) to any national committee of a major party or minor party; (2) on November 1 of the year prior to the year in which the election is held, the Secretary shall determine— (A) in the case of the first such election, the amount which is equal to the aggregate amount of the payments which were made under subsection (b)(3) to the national committees of a major party or minor party for the Presidential election held in 2012, adjusted in the manner described in subsection (b)(5), or (B) in the case of any subsequent election, the amount which is equal to the amount determined under subparagraph (A), adjusted in the manner described in subsection (b)(5); and (3) at the time the Secretary makes the determination under paragraph (2), an amount equal to the amount determined under paragraph (2) shall be permanently rescinded from the fund and returned to the general fund. .
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113-hr-2858
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I 113th CONGRESS 1st Session H. R. 2858 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Ms. DeGette introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To implement reforms to the Federal land management agency fire programs in order to address the complexities of 21st century wildfires in a more cost-effective and efficient manner.
1. Short title This Act may be cited as the Wildland Firefighters Protection Act . 2. Definitions For the purposes of this Act— (1) the term wildland firefighter means an employee of a Federal land management agency, the duties of whose position are primarily to perform work directly related to the prevention, control, suppression, and management of wildfires, including— (A) an employee of a Federal land management agency who is assigned to support wildland fire suppression activities; and (B) an employee who is transferred to a supervisory or administrative position from a position of wildland firefighter (as defined by the preceding provisions of this paragraph); (2) the term Federal land management agency means— (A) within the Department of the Interior, the Bureau of Land Management, the Bureau of Indian Affairs, the National Park Service, and the Fish and Wildlife Service; and (B) within the Department of Agriculture, the Forest Service; and (3) the term employee has the meaning given such term by section 2105 of title 5, United States Code. 3. Classification of wildland firefighters (a) Requirements (1) In general Within 30 days after the date of the enactment of this Act, the Office of Personnel Management, in cooperation with the Federal land management agencies, shall commence development of a separate and distinct wildland firefighter occupational series that will more accurately reflect the variety of duties performed by wildland firefighters. (2) Designation The official title assigned to any occupational series established pursuant to paragraph (1) shall include the designation of Wildland Firefighter . (3) Positions described Paragraph (1) applies with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include— (A) significant wildfire preparedness and suppression activities; or (B) activities necessary to meet any other emergency incident to which assigned. (4) Consultation Congress encourages the Office of Personnel Management to consult with recognized employee organizations, employee associations, and any other groups that represent Federal wildland firefighters in carrying out this subsection. (b) Hazardous duty differential not affected Section 5545(d)(1) of title 5, United States Code, is amended by striking all after except and inserting an em dash and the following: (A) an employee in an occupational series covering positions for which the primary duties are wildland firefighting, as determined by the Office; and (B) in such other circumstances as the Office may by regulation prescribe; and . (c) Employees currently in 401 series Any individual who, as of the date of the enactment of this Act, holds a position of wildland firefighter shall have the option of either remaining in the 401 series (as in effect on such date under chapter 51 of title 5, United States Code) or being included in the new wildland firefighter series, as established pursuant to subsection (a). 4. Pay and benefits (a) Portal-to-Portal Compensation Pilot Program (1) In general In the case of a wildland firefighter, for full-time, part-time, and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day shall be considered overtime work, inclusive of all time the firefighter is away from their official duty station assigned to an emergency incident, in support of an emergency incident (including wildfires, hurricanes, and other natural disasters to which employees are assigned) in support of an emergency incident, or pre-positioned for emergency response, and shall be compensable as work time in accordance with section 5542(a) of title 5, United States Code, as amended by paragraph (2)(A). The provisions of this subsection and the amendments made by this subsection comprise the portal-to-portal compensation pilot program. (2) Requirements (A) Amendment to title 5 Section 5542(a) of title 5, United States Code, is amended by adding at the end (as a flush left sentence) the following: Notwithstanding paragraphs (1) and (2), and only for the duration of the portal-to-portal compensation program under section 4 of the Wildland Firefighters Protection Act , for a wildland firefighter assigned to an emergency incident, assigned in support of an emergency incident, or pre-positioned for emergency response, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the basic pay of the employee, and that entire amount is premium pay. . (B) Fair Labor Standards Act of 1938 For the purpose of applying the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 and following) with respect to wildland firefighters, no violation referred to in such provisions shall be considered to have occurred if the requirements described in the amendment made by subparagraph (A) are met. (C) Duration and scope of pilot program The pilot program shall be carried out by the Department of the Interior and the Department of Agriculture— (i) for a period not to exceed 3 calendar years beginning as of the start of the 2014 wildfire season; and (ii) with respect to wildland firefighters holding positions within such geographic areas as the Secretary of Agriculture shall, in consultation with the Secretary of the Interior, determine. (D) Funding Notwithstanding any other provision of law, there shall be made available from the FLAME Wildfire Suppression Reserve Funds, established by section 502(b) of the FLAME Act of 2009 (43 U.S.C. 1748a(b)), an amount— (i) sufficient to carry out the portal-to-portal compensation pilot program; but (ii) only to the extent that— (I) in the case of the 2014 wildfire season and any subsequent wildfire season during which the pilot program is in effect, such amount exceeds (II) the average corresponding expenses which were paid, with respect to wildland firefighters holding positions within the geographic area or areas covered by the program (as specified under subparagraph (C)(ii)) for the 2012 and 2013 wildfire seasons. (E) Report No later than 90 days after the completion of the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a joint report on the effectiveness of the pilot program. Such report shall address the effect of the program with respect to— (i) recruitment and retention of wildland firefighters; and (ii) any cost savings. (F) Exemption Employees compensated under the pilot program shall, for the period of such program, be exempt from any limitation on premium pay under section 5547 of title 5, United States Code. (b) Hazardous duty differential To be treated as part of a wildland firefighter’s base pay for retirement purposes (1) In general Section 8331(3) of title 5, United States Code is amended— (A) in subparagraph (G), by striking and at the end; (B) in subparagraph (H), by inserting and at the end; and (C) by adding after subparagraph (H) the following: (I) with respect to a wildland firefighter (as defined by section 2 of the Wildland Firefighters Protection Act ), any pay differential received under section 5545(d); . (2) Conforming amendment Such section 8331(3) is further amended, in the matter following subparagraph (I) (as added by paragraph (1)(C)), by striking subparagraphs (B) through (H) of this paragraph and inserting subparagraphs (B) through (I), . (c) Hazardous duty differential (1) In general In the administration of section 5545(d) of title 5, United States Code, the Office of Personnel Management shall take such measures as may be necessary to ensure that, under the schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard, a pay differential of 25 percent shall be payable to an individual while serving as a member of a wildland firefighting crew. (2) Definition For purposes of this subsection, the term wildland firefighting crew includes ground (hand crew, hotshot, engine, and other fire apparatus personnel) and airborne (smoke jumper or helitack) firefighting personnel on the fire line of any wildfire or prescribed fuel treatment burn or fire, as further defined in regulations of the Office of Personnel Management. (d) Buy back of civilian time after 1989 (1) In general Any individual who is subject to the Federal Employees’ Retirement System as a firefighter (within the meaning of section 8401 of title 5, United States Code) on the date of the enactment of this Act shall be entitled to have any qualifying firefighter service treated as creditable service under section 8411 of such title. (2) Qualifying firefighter service For purposes of this subsection, the term qualifying firefighter service means, in connection with an individual, any service— (A) which was performed by such individual, as a wildland firefighter, after 1989 and before the date of the enactment of this Act; and (B) for which such individual was not allowed to receive retirement credit by reason of section 8347(g) or 8402(c) of such title 5. (3) Deposit requirement Credit for a period of service may not be given under this subsection unless the individual involved makes a deposit, in such manner as the Office of Personnel Management may by regulation require, equal to the employee contributions that would have been required (in the case of a firefighter) for such period under section 8334(c) or 8422(a) of such title 5, with interest. (4) Certification The Office of Personnel Management shall accept the certification of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, concerning whether an individual performed qualifying firefighter service and the length of the period of such service the individual performed.
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113-hr-2859
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I 113th CONGRESS 1st Session H. R. 2859 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Ms. Duckworth introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to extend the interest rate limitation on debt entered into during military service to debt incurred during military service to consolidate or refinance student loans incurred before military service.
1. Interest rate limitation on debt entered into during military service to consolidate or refinance student loans incurred before military service (a) In general Subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527 ) is amended— (1) in paragraph (1), by inserting on debt incurred before service after Limitation to 6 percent ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following new paragraph (2): (2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service. ; (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting or (2) after paragraph (1) ; and (5) in paragraph (4), as so redesignated, by striking paragraph (2) and inserting paragraph (3) . (b) Implementation of limitation Subsection (b) of such section is amended— (1) in paragraph (1), by striking the interest rate limitation in subsection (a) and inserting an interest rate limitation in paragraph (1) or (2) of subsection (a) ; and (2) in paragraph (2)— (A) in the paragraph heading, by striking as of date of order to active duty ; and (B) by inserting before the period at the end the following: in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2) . (c) Student loan defined Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Student loan The term student loan means the following: (A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (B) A private student loan as that term is defined section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). .
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113-hr-2860
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I 113th CONGRESS 1st Session H. R. 2860 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Farenthold (for himself and Mr. Lynch ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide that the Inspector General of the Office of Personnel Management may use amounts in the revolving fund of the Office to fund audits, investigations, and oversight activities, and for other purposes.
1. Short title This Act may be cited as the OPM IG Act . 2. Use of Office of Personnel Management revolving fund for audits, investigations, and oversight activities Subsection (e) of section 1304 of title 5, United States Code, is amended— (1) in paragraph (1), by adding before the period at the end of the first sentence the following: , and for the cost of audits, investigations, and oversight activities, conducted by the Inspector General of the Office, of the fund and the activities financed by the fund ; and (2) in paragraph (5)— (A) by striking The Office and inserting (A) The Office ; and (B) by adding at the end the following: (B) Such budget shall include an estimate from the Inspector General of the Office of the amount required to pay the expenses to audit, investigate, and provide other oversight activities with respect to the fund and the activities financed by the fund. (C) The amount requested by the Inspector General under subparagraph (B) shall not exceed .33 percent of the total budgetary authority requested by the Office under subparagraph (A). .
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113-hr-2861
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I 113th CONGRESS 1st Session H. R. 2861 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mrs. Lowey introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Nuclear Regulatory Commission to retain and redistribute certain amounts collected as fines.
1. Use of funds The Nuclear Regulatory Commission shall retain amounts collected for safety-related fines, and shall distribute those amounts to counties for maintaining radiological emergency preparedness plans required in connection with the nuclear facility with respect to which the fines were collected.
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113-hr-2862
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I 113th CONGRESS 1st Session H. R. 2862 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Matheson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a temporary dividends received deduction for 2013 or 2014.
1. Short title This Act may be cited as the Freedom to Invest Act of 2013 . 2. Temporary dividends received deduction allowed for 2013 or 2014 (a) Election Subsection (f) of section 965 of the Internal Revenue Code of 1986 (relating to election) is amended to read as follows: (f) Election The taxpayer may elect to apply this section to— (1) the taxpayer’s last taxable year which begins before the date of the enactment of this subsection, or (2) the taxpayer’s first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year. . (b) Limitation Paragraph (1) of section 965(b) of such Code is amended to read as follows: (1) In general The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder. . (c) Failure To maintain employment levels Paragraph (4) of section 965(b) of such Code (relating to limitations) is amended to read as follows: (4) Reduction in benefits for failure to maintain employment levels (A) In general If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer’s prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayer’s average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)(1)) shall be taken into income by the taxpayer during the taxable year that includes the final day of such period. (B) Average employment level For purposes of this paragraph, the taxpayer’s average employment level for a period shall be the average number of full-time United States employees of the taxpayer, measured at the end of each month during the period. (C) Prior average employment For purposes of this paragraph, the taxpayer’s prior average employment shall be the average number of full-time United States employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1). (D) Full-time United States employee For purposes of this paragraph— (i) In general The term full-time United States employee means an individual who provides services in the United States as a full-time employee, based on the employer’s standards and practices; except that regardless of the employer’s classification of the employee, an employee whose normal schedule is 40 hours or more per week is considered a full-time employee. (ii) Exception for changes in ownership of trades or businesses Such term does not include— (I) any individual who was an employee, on the date of acquisition, of any trade or business acquired by the taxpayer during the 24-month period referred to in subparagraph (A); and (II) any individual who was an employee of any trade or business disposed of by the taxpayer during the 24-month period referred to in subparagraph (A) or the 24-month period referred to in subparagraph (C). (E) Aggregation rules In determining the taxpayer’s average employment level and prior average employment, all domestic members of a controlled group shall be treated as a single taxpayer. . (d) Threshold period Section 965 of such Code is amended by striking June 30, 2003 each place it occurs and inserting June 30, 2012 . (e) Base period Paragraph (2) of subsection 965(c) of such Code is amended by inserting at the end of subparagraph (A) the following flush sentence: For purposes of this paragraph, taxable years shall not include any year for which an election under section 965 was in effect. . (f) Indebtedness determination date Subparagraph (B) of section 965(b)(3) of such Code is amended by striking October 3, 2004 and inserting January 11, 2013 . (g) Conforming amendments (1) Subsection 965(c) of such Code, as amended by subsection (e), is amended by striking paragraph (1) and redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (2) Paragraph 965(c)(4) of such Code, as redesignated by paragraph (1), is amended to read as follows: (4) Controlled groups All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder. . (h) Effective date The amendments made by this section shall apply to taxable years ending on or after the date of the enactment of this Act.
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113-hr-2863
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I 113th CONGRESS 1st Session H. R. 2863 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Payne (for himself, Mr. Cartwright , Ms. Velázquez , Mr. Sires , Mr. Scott of Virginia , Ms. Jackson Lee , Ms. Fudge , Mr. Rangel , and Ms. Kelly of Illinois ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Riegle Community Development and Regulatory Improvement Act of 1994 to provide assistance to small businesses providing low-income individuals with green jobs, and for other purposes.
1. Short title This Act may be cited as the Growing Responsible Energy Efficient Neighborhoods Jobs Act of 2013 or the GREEN Jobs Act of 2013 . 2. Small business green jobs initiative Section 108 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4707 ) is amended by adding at the end the following: (i) Small business green jobs initiative (1) Assistance Financial assistance and technical assistance made available under this subtitle may be used by community development financial institutions to develop or support small businesses that provide low-income individuals located in low-income communities with green jobs. (2) Limitation With respect to a particular fiscal year, the Fund may not provide more than— (A) $2,000,000 in financial assistance under this subsection; and (B) $100,000 in technical assistance under this subsection. (3) Definitions For purposes of this subsection: (A) Green jobs The term green jobs means jobs that— (i) aim to protect or restore ecosystems and biodiversity; (ii) reduce energy, materials, and water consumption through high efficiency strategies; (iii) reduce greenhouse gas emissions and other pollutants; (iv) minimize or altogether avoid generation of all forms of waste and pollution; or (v) increase the use of energy generation systems such as solar, fuel cells, natural gas, and micro turbines. (B) Low-income community The term low-income community means a contiguous area— (i) located within— (I) a single county with a population, as determined by the most recent census data available, of— (aa) at least 4,000, if any of the portion of the area is located within a Metropolitan Area with a population of 50,000; or (bb) a population of at least 1,000, in any other case; or (II) an Indian reservation; (ii) at least 30 percent of the population of which have incomes that are less than the poverty threshold, as published by the Bureau of the Census in the most recent decennial census for which data is available; and (iii) in which the unemployment rate is at least 1.5 times greater than the national average, as determined by the Bureau of Labor Statistics' most recent data. (C) Small business The term small business means a business that meets the criteria for a small business concern established by the Small Business Administration under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). .
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113-hr-2864
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I 113th CONGRESS 1st Session H. R. 2864 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles XVIII and XIX of the Social Security Act to improve oversight of nursing facilities under the Medicare and Medicaid programs by preventing inappropriate influence over surveyors, and for other purposes.
1. Short title This Act may be cited as the Nursing Home Patient Protection and Standards Act of 2013 . 2. Improving the rigor of testing for surveyors (a) Medicare Section 1819(g)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(E)(iii) ) is amended by adding the following at the end: The testing program must be sufficiently rigorous (as determined by the Secretary) to ensure that surveyors are adequately prepared to survey and certify facilities in a consistent and accurate manner. . (b) Medicaid Section 1919(g)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(E)(iii) ) is amended by adding the following at the end: The testing program must be sufficiently rigorous (as determined by the Secretary) to ensure that surveyors are adequately prepared to survey and certify facilities in a consistent and accurate manner. . 3. Ensuring adequate staffing and training for State surveys of nursing homes (a) Medicare Section 1819(g)(2)(E) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(E) ) is amended by adding at the end the following: (iv) Adequate qualified staff for survey teams The Secretary, in consultation with the advisory committee under subparagraph (F), shall establish requirements for the qualifications and compensation of members of a survey team under this subsection and require that a State employs an adequate number of individuals as members of survey teams to ensure adequate oversight of skilled nursing facilities. (v) Continuing education In addition to the training and testing program required under clause (iii), the Secretary shall require that State and Federal surveyors regularly complete an adequate amount (as determined by the Secretary) of continuing education courses that meet requirements determined by the Secretary for content and the rigor of the material covered by such courses. An individual shall not serve as a member of a survey team unless the individual is in compliance with the requirements of this clause. . (b) Medicaid Section 1919(g)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(E) ) is amended by adding at the end the following: (iv) Adequate qualifed staff for survey teams The Secretary, in consultation with the advisory committee under subparagraph (F), shall establish requirements for the qualifications and compensation of members of a survey team under this subsection and require that a State employs an adequate number of individuals as members of survey teams to ensure adequate oversight of skilled nursing facilities. (v) Continuing education In addition to the training and testing program required under clause (iii), the Secretary shall require that State and Federal surveyors regularly complete an adequate amount (as determined by the Secretary) of continuing education courses that meet requirements determined by the Secretary for content and the rigor of the material covered by such courses. No individual shall serve as a member of a survey team unless the individual is in compliance with the requirements of this clause. . 4. Ensuring the independence and impartiality of surveyors (a) In general (1) Medicare Section 1819(g) of the Social Security Act ( 42 U.S.C. 1395i–3(g) ) is amended by adding the following at the end: (6) Reporting of inaccuracies (A) Covered individual defined For purposes of this paragraph, the term covered individual means an individual— (i) who is a member of a State survey team under this subsection; or (ii) who is an employee of the State department or agency that conducts surveys under this section. (B) Reporting requirement A covered individual shall report to the Secretary any instance in which the individual suspects that— (i) a survey under this subsection fails to report or under reports an issue in a facility that could impact the safety or quality of care of the residents in such facility; or (ii) a member of the survey team or an employee of the State survey agency was inappropriately influenced (through the offering of monetary awards or through undue pressure) to alter the results of the survey. (C) Response to report If the Secretary receives a report under subparagraph (B) , the Secretary shall take appropriate action, as determined by the Secretary, to ensure the accuracy of the survey. (D) Penalties for inappropriately influencing a surveyor Subject to subparagraph (H) , any individual (including an employee of a skilled nursing facility or any affiliated corporate entity, a representative of the skilled nursing facility industry, a member of a State survey team, an employee of the State department or agency that conducts surveys under this section, or an elected official) who attempts to inappropriately influence (as defined by the Secretary through regulations) the results of a survey under this subsection, or the actions of a member of a survey team or an employee of a survey agency, shall be subject to a civil money penalty not to exceed $10,000. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (E) Whistleblower protections With respect to a covered individual, any officer or employee of the State may not— (i) discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to such individual, or in any other manner discriminate against an individual in the terms and conditions of employment because the individual submitted a report under subparagraph (B) ; or (ii) file a complaint or a report against the individual with the appropriate State professional disciplinary agency because the individual submitted a report under subparagraph (B) . (F) Penalties for violating whistleblower protections Subject to subparagraph (H) , any officer or employee of a State who engages in an activity that is prohibited by subparagraph (E) shall be subject to a civil money penalty not to exceed $50,000. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (G) Requirement to post notice Each State shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying the rights of covered individuals under this section. Such sign shall include— (i) a statement that a covered individual may file a complaint with the Secretary describing any violations of the provisions of this paragraph by an employee or officer of a State; and (ii) information concerning the form and manner in which such a complaint should be filed. (H) Construction related to legislative oversight For purposes of this paragraph, to the extent that a member of a State legislature requests that a covered individual appear at a hearing of a committee of such legislature or asks questions of such individual during such a hearing, the actions of such member shall not be construed in a manner that would subject such member to a penalty under this paragraph. . (2) Medicaid Section 1919(g) of the Social Security Act ( 42 U.S.C. 1396r(g) ) is amended by adding the following at the end: (6) Reporting of inaccuracies (A) Covered individual defined For purposes of this paragraph, the term covered individual means an individual— (i) who is a member of a State survey team under this subsection; or (ii) who is an employee of the State department or agency that conducts surveys under this section. (B) Reporting requirement A covered individual shall report to the Secretary any instance in which the individual suspects that— (i) a survey under this subsection fails to report or under reports an issue in a facility that could impact the safety or quality of care of the residents in such facility; or (ii) a member of the survey team or an employee of the State survey agency was inappropriately influenced (through the offering of monetary awards or through undue pressure) to alter the results of the survey. (C) Response to report If the Secretary receives a report under subparagraph (B) , the Secretary shall take appropriate action, as determined by the Secretary, to ensure the accuracy of the survey. (D) Penalties for inappropriately influencing a surveyor Subject to subparagraph (H) , any individual (including an employee of a skilled nursing facility or any affiliated corporate entity, a representative of the skilled nursing facility industry, a member of a State survey team, an employee of the State department or agency that conducts surveys under this section, or an elected official) who attempts to inappropriately influence (as defined by the Secretary through regulations) the results of a survey under this subsection, or the actions of a member of a survey team or an employee of a survey agency, shall be subject to a civil money penalty not to exceed $10,000. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (E) Whistleblower protections With respect to a covered individual, any officer or employee of the State may not— (i) discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to such individual, or in any other manner discriminate against an individual in the terms and conditions of employment because the individual submitted a report under subparagraph (B) ; or (ii) file a complaint or a report against the individual with the appropriate State professional disciplinary agency because the individual submitted a report under subparagraph (B) . (F) Penalties for violating whistleblower protections Subject to subparagraph (H) , any officer or employee of a State who engages in an activity that is prohibited by subparagraph (E) shall be subject to a civil money penalty not to exceed $50,000. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (G) Requirement to post notice Each State shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying the rights of covered individuals under this section. Such sign shall include— (i) a statement that a covered individual may file a complaint with the Secretary describing any violations of the provisions of this paragraph by an employee or officer of a State; and (ii) information concerning the form and manner in which such a complaint should be filed. (H) Construction related to legislative oversight For purposes of this paragraph, to the extent that a member of a State legislature requests that a covered individual appear at a hearing of a committee of such legislature or asks questions of such individual during such a hearing, the actions of such member shall not be construed in a manner that would subject such member to a penalty under this paragraph. . (b) Conforming amendments (1) Section 1819(f)(2)(B)(iii)(I)(c) of the Social Security Act (42 U.S.C. 1395i–3(f)(2)(B)(iii)(I)(c)) is amended by inserting , a civil monetary penalty described in section 1919(g)(6)(D) of not less than $10,000 after of not less than $5,000 . (2) Section 1919(f)(2)(B)(iii)(I)(c) of the Social Security Act (42 U.S.C. 1396r(f)(2)(B)(iii)(I)(c)) is amended by inserting , a civil monetary penalty described in (g)(6)(D) of not less than $10,000 after of not less than $5,000 . 5. Advisory committee (a) Medicare Section 1819(g)(2) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2) ) is amended by adding at the end the following: (F) Advisory Committee (i) Establishment The Secretary shall establish an advisory committee on surveys under this paragraph. (ii) Membership The membership of the advisory committee under clause (i) shall include advocates for residents of skilled nursing facilities, members of survey teams under this subsection, and nursing home administrators. (iii) Recommended standards The advisory committee under clause (i) shall make recommendations to the Secretary on standards for— (I) the adequate staffing of survey teams under this subsection; (II) the training of members of such teams; and (III) disclosing any contact between such members and individuals associated with skilled nursing facilities, and limiting such contact to prevent inappropriate influence of such members by such individuals. (iv) Other recommendations The advisory committee under clause (i) may also make recommendations to the Secretary on any other issue that would improve the survey process under this paragraph. . (b) Medicaid Section 1919(g)(2) of the Social Security Act ( 42 U.S.C. 1396r(g)(2) ) is amended by adding at the end the following: (F) Advisory Committee (i) Establishment The Secretary shall establish an advisory committee on surveys under this paragraph. (ii) Membership The membership of the advisory committee under clause (i) shall include advocates for residents of nursing facilities, members of survey teams under this subsection, and nursing home administrators. (iii) Recommended standards The advisory committee under clause (i) shall make recommendations to the Secretary on standards for— (I) the adequate staffing of survey teams under this subsection; (II) the training of members of such teams; and (III) disclosing any contact between such members and individuals associated with nursing facilities, and limiting such contact to prevent inappropriate influence of such members by such individuals. (iv) Other recommendations The advisory committee under clause (i) may also make recommendations to the Secretary on any other issue that would improve the survey process under this paragraph. . 6. Review of surveys (a) Medicare Section 1819(g)(2)(D) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(D) ) is amended— (1) by striking Each State and inserting the following: (i) In general Each State ; and (2) by adding at the end the following new clause: (ii) Review of surveys The supervisor of the survey team shall review each survey conducted under this subsection to ensure that any issues that impact quality of care that are identified by such surveys are consistently and appropriately described and rated by the survey team. . (b) Medicaid Section 1919(g)(2)(D) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(D) ) is amended— (1) by striking Each State and inserting the following: (i) In general Each State ; and (2) by adding at the end the following new clause: (ii) Review of surveys The supervisor of the survey team shall review each survey conducted under this subsection to ensure that any issues that impact quality of care that are identified by such surveys are consistently and appropriately described and rated by the survey team. .
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113-hr-2865
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I 113th CONGRESS 1st Session H. R. 2865 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Scott of Virginia (for himself, Ms. Loretta Sanchez of California , Mr. Johnson of Georgia , Mr. Conyers , Mr. Gutiérrez , Mr. Thompson of Mississippi , Mr. Nadler , Ms. Chu , Mr. Cummings , Mr. Watt , Mr. Rangel , Mr. Cohen , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes.
1. Short title This Act may be cited as the Fairness and Accuracy in Employment Background Checks Act of 2013 . 2. Safeguards for background checks The Attorney General shall establish and enforce procedures to ensure the prompt release of accurate records and information exchanged for employment-related purposes through the records system created under section 534 of title 28, United States Code. 3. Required procedures The procedures established under section 2 shall include the following: (1) Inaccurate record or information If the Attorney General determines that a record or information is inaccurate, the Attorney General shall promptly correct that record or information or, if appropriate, promptly make any changes or deletions to the records or information. (2) Incomplete record or information (A) If the Attorney General determines that a record or information is incomplete or cannot be verified, the Attorney General shall attempt to complete or verify the record or information, and if the Attorney General is unable to do so, the Attorney General may promptly make any changes or deletions to the record or information. (B) For the purposes of this paragraph, an incomplete record or information includes a record or information that indicates there was an arrest and does not include the disposition of that arrest. (C) If the record or information is an incomplete record or information described in subparagraph (B), the Attorney General shall, not later than 10 days after the requesting entity requests the exchange and before the exchange is made, obtain the disposition (if any) of the arrest. (3) Notification of reporting jurisdiction The Attorney General shall notify each appropriate reporting jurisdiction of any action taken under paragraph (1) or (2). (4) Opportunity to review records or information by applicant In connection with an exchange of such a record or information, the Attorney General shall— (A) obtain the consent of the applicant to exchange the record or information with the requesting entity; (B) at the time of consent, notify the applicant that the applicant can obtain a copy of the record or information; (C) provide to the applicant an opportunity to obtain a copy of the record or information upon request and to challenge the accuracy and completeness of that record or information; (D) promptly notify the requesting entity of any such challenge; (E) not later than 30 days after the challenge is made, complete an investigation of the challenge; (F) provide to the applicant the specific findings and results of that investigation; (G) promptly make any changes or deletions to the records or information required as a result of the challenge; and (H) report those changes to the requesting entity. (5) Certain exchanges prohibited An exchange shall not include any record or information— (A) about an arrest more than one year old as of the date of the request for the exchange, that does not also include a disposition (if any) of that arrest; (B) relating to an adult or juvenile non-serious offense of the sort described in section 20.32(b) of title 28, Code of Federal Regulations, as in effect on July 1, 2009; or (C) to the extent the record or information is not clearly an arrest or a disposition of an arrest. 4. Fees The Attorney General may collect reasonable fees for all exchanges of records or information for employment-related purposes through the records system created under section 534 of title 28, United States Code, to defray the costs associated with exchanges for those purposes, including any costs associated with the investigation of inaccurate or incomplete records or information. 5. Regulations on reasonable procedures Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this Act. 6. Annual reports on procedures For each of the first 3 years beginning after the date of enactment of this Act, the Attorney General shall submit an annual report to Congress that includes— (1) the number of exchanges of records or information for employment-related purposes made with entities in each State through the records system created under section 534 of title 28, United States Code; (2) appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of employees to whom those records or information pertain; (3) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; (4) the percent of missing arrest dispositions located within the time limit required by this Act; and (5) the numbers of successful and unsuccessful challenges to the accuracy and completeness of records or information, by State where the records and information originated. 7. Report on statutory and regulatory restrictions and disqualifications based on criminal records (a) In general Not later than one year after the date of the enactment of this Act, the Attorney General shall report to Congress on all Federal statutes, regulations, and policies providing employment restrictions and disqualifications based on criminal records. (b) Identification of information In the report, the Attorney General shall identify each occupation or position to which such restrictions or disqualifications apply, and for each such occupation or position, include— (1) a description of the restriction or disqualification; (2) the duration of the restriction or disqualification; (3) an evaluation of the rationale for the restriction or disqualification and its continuing usefulness; (4) the procedures, if any, to appeal, waive or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence; (5) any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record; and (6) the identity of the Federal agency with jurisdiction over the restriction or disqualification. 8. Definitions In this Act— (1) the term for employment-related purposes includes for the purpose of screening an individual for employment or occupational licensing; (2) the term applicant means the person to whom the record or information sought to be exchanged pertains; (3) the term requesting entity means the person or entity seeking the exchange of records or information; (4) the term State includes the District of Columbia, Puerto Rico, and each other territory and possession of the United States; and (5) the term reporting jurisdiction includes any person or entity that provides relevant records and information to the Attorney General under section 534 of title 28, United States Code.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2865ih/xml/BILLS-113hr2865ih.xml
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113-hr-2866
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I 113th CONGRESS 1st Session H. R. 2866 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Terry (for himself, Mr. Smith of Nebraska , Mr. Fortenberry , Mr. Latham , Mr. Mica , Mr. King of Iowa , Mr. Cicilline , Ms. Clarke , Mrs. Carolyn B. Maloney of New York , Mr. Meeks , Ms. Norton , Ms. Loretta Sanchez of California , Ms. Titus , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the centennial of Boys Town, and for other purposes.
1. Short title This Act may be cited as the Boys Town Centennial Commemorative Coin Act . 2. Findings Congress finds that— (1) Boys Town is a nonprofit organization dedicated to saving children and healing families, nationally headquartered in the village of Boys Town, Nebraska; (2) Father Flanagan’s Boys Home, known as Boys Town , was founded on December 12, 1917, by Servant of God Father Edward Flanagan; (3) Boys Town was created to serve children of all races and religions; (4) news of the work of Father Flanagan spread worldwide with the success of the 1938 movie, Boys Town ; (5) after World War II, President Truman asked Father Flanagan to take his message to the world, and Father Flanagan traveled the globe visiting war orphans and advising government leaders on how to care for displaced children; (6) Boys Town has grown exponentially, and now provides care to children and families across the country in 11 regions, including California, Nevada, Texas, Nebraska, Iowa, Louisiana, North Florida, Central Florida, South Florida, Washington, DC, New York, and New England; (7) the Boys Town National Hotline provides counseling to more than 150,000 callers each year; (8) the Boys Town National Research Hospital is a national leader in the field of hearing care and research of Usher Syndrome; (9) Boys Town programs impact the lives of more than 2,000,000 children and families across America each year; and (10) December 12th, 2017, will mark the 100th anniversary of Boys Town, Nebraska. 3. Coin specifications (a) $5 gold coins The Secretary of the Treasury (referred to in this Act as the Secretary ) shall mint and issue not more than 50,000 $5 coins in commemoration of the centennial of the founding of Father Flanagan’s Boys Town, each of which shall— (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 silver coins The Secretary shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of Father Flanagan’s Boys Town, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Half dollar clad coins The Secretary shall mint and issue not more than 300,000 half dollar clad coins in commemoration of the centennial of the founding of Father Flanagan’s Boys Town, each of which shall— (1) weigh 11.34 grams; (2) have a diameter of 1.205 inches; and (3) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (d) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (e) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) In general The design of the coins minted under this Act shall be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2017 ; and (3) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (c) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the National Executive Director of Boys Town and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins under this Act only during the period beginning on January 1, 2017, and ending on December 31, 2018. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; and (2) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Financial assurances The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2866ih/xml/BILLS-113hr2866ih.xml
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113-hr-2867
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I 113th CONGRESS 1st Session H. R. 2867 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Terry introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for the recognition of attending physician assistants as attending physicians to serve hospice patients.
1. Short title This Act may be cited as the Medicare Hospice Care Access Act of 2013 . 2. Recognition of attending physician assistants as attending physicians To serve hospice patients (a) Recognition of attending physician assistants as attending physicians To serve hospice patients (1) In general Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (A) by striking or nurse and inserting , the nurse ; and (B) by inserting , or the physician assistant (as defined in such subsection) after subsection (aa)(5)) . (2) Clarification of hospice role of physician assistants Section 1814(a)(7)(A)(i)(I) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A)(i)(I) ) is amended by inserting or a physician assistant after a nurse practitioner . (b) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2867ih/xml/BILLS-113hr2867ih.xml
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113-hr-2868
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I 113th CONGRESS 1st Session H. R. 2868 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Welch introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the FAA Modernization and Reform Act of 2012 to provide guidance and limitations regarding the integration of unmanned aircraft systems into United States airspace, and for other purposes.
1. Short title This Act may be cited as the Drone Aircraft Privacy and Transparency Act of 2013 . 2. Guidance and limitations regarding unmanned aircraft systems Subtitle B of title III of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note) is amended by adding at the end the following new sections: 337. Privacy study and report (a) Study The Secretary of Transportation, in consultation with the Secretary of Commerce, the Chairman of the Federal Trade Commission, and the Chief Privacy Officer of the Department of Homeland Security, shall carry out a study that identifies any potential threats to privacy protections posed by the integration of unmanned aircraft systems into the national airspace system, including any potential violations of the privacy principles. (b) Report Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall submit a report on the study conducted under subsection (a) to— (1) the Committee on Transportation and Infrastructure of the House of Representatives; (2) the Committee on Energy and Commerce of the House of Representatives; (3) the Committee on Homeland Security of the House of Representatives; (4) the Committee on Environment and Public Works of the Senate; (5) the Committee on Commerce, Science, and Transportation of the Senate; and (6) the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Definitions For purposes of this section and the succeeding sections of this subtitle— (1) the term privacy protections means protections that relate to the use, collection, and disclosure of information and data about individuals and groups of individuals; (2) the term privacy principles means the principles described in Part Two of the Organization for Economic Co-operation and Development guidelines titled Annex to the Recommendation of the Council of 23rd September 1980: Guidelines Governing The Protection Of Privacy And Transborder Flows Of Personal Data , adopted by the Organization for Economic Co-operation and Development on September 23, 1980; and (3) the term law enforcement means— (A) any entity of the United States or of a State or political subdivision thereof, that is empowered by law to conduct investigations of or to make arrests for offenses; and (B) any entity or individual authorized by law to prosecute or participate in the prosecution of such offenses. 338. Rulemaking As part of the rulemaking process required under section 332(b)(1) and the final rule adopted under such section, the Secretary of Transportation shall establish procedures to ensure that the integration of unmanned aircraft systems into the national airspace system is done in compliance with the privacy principles. 339. Data collection statements and data minimization statements (a) In general Beginning on the date of enactment of this section, the Secretary of Transportation may not approve, issue, or award any certificate, license, or other grant of authority to operate an unmanned aircraft system in the national airspace system unless the application for such certificate, license, or other grant of authority includes— (1) a data collection statement in accordance with the requirements of subsection (b) that provides reasonable assurance that the applicant will operate the unmanned aircraft system in accordance with the privacy principles; and (2) in the case of such an unmanned aircraft system that is to be operated by a law enforcement agency or a law enforcement agency contractor or subcontractor, a data minimization statement in accordance with the requirements of subsection (c) that provides reasonable assurance that the applicant will operate the unmanned aircraft system in accordance with the privacy principles. (b) Data collection statement A data collection statement under subsection (a), with respect to an unmanned aircraft system, shall include information identifying— (1) the individuals or entities that will have the power to use the unmanned aircraft system; (2) the specific locations in which the unmanned aircraft system will operate; (3) the maximum period for which the unmanned aircraft system will operate in each flight; (4) whether the unmanned aircraft system will collect information or data about individuals or groups of individuals, and if so— (A) the circumstances under which such system will be used; and (B) the specific kinds of information or data such system will collect about individuals or groups of individuals and how such information or data, as well as conclusions drawn from such information or data, will be used, disclosed, and otherwise handled, including— (i) how the collection or retention of such information or data that is unrelated to the specified use will be minimized; (ii) whether such information or data might be sold, leased, or otherwise provided to third parties, and if so, under what circumstances it might be so sold or leased; (iii) the period for which such information or data will be retained; and (iv) when and how such information or data, including information or data no longer relevant to the specified use, will be destroyed; (5) the possible impact the operation of the unmanned aircraft system may have upon the privacy of individuals; (6) the specific steps that will be taken to mitigate any possible impact identified under paragraph (5), including steps to protect against unauthorized disclosure of any information or data described in paragraph (4), such as the use of encryption methods and other security features that will be used; (7) a telephone number or electronic mail address that an individual with complaints about the operation of the unmanned aircraft system may use to report such complaints and to request confirmation that personally identifiable data relating to such individual has been collected; (8) in the case that personally identifiable data relating to such individual has been collected, a reasonable process for such individual to request to obtain such data in a timely and an intelligible manner; (9) in the case that a request described in paragraph (8) is denied, a process by which such individual may obtain the reasons for the denial and challenge the denial; and (10) in the case that personally identifiable data relating to such individual has been collected, a process by which such individual may challenge the accuracy of such data and, if the challenge is successful, have such data erased or amended. (c) Data minimization statement A data minimization statement described in this subsection, with respect to an unmanned aircraft system operated by a law enforcement agency, contractor, or subcontractor described in subsection (a)(2), shall detail the applicable— (1) policies adopted by the agency, contractor, or subcontractor, respectively, that— (A) minimize the collection by the unmanned aircraft system of information and data unrelated to the investigation of a crime under a warrant; (B) require the destruction of such information and data, as well as of information and data collected by the unmanned aircraft system that is no longer relevant to the investigation of a crime under a warrant or to an ongoing criminal proceeding; and (C) establish procedures for the method of such destruction; and (2) audit and oversight procedures adopted by the agency, contractor, or subcontractor, respectively, that will ensure that such agency, contractor, or subcontractor, respectively, uses the unmanned aircraft system in accordance with the parameters outlined in the data collection statement and the statement required by this subsection. 340. Disclosure of approved certificates, licenses, and other grants of authority (a) In general The Administrator of the Federal Aviation Administration shall make available on the public Internet Web site of the Federal Aviation Administration in a searchable format— (1) the approved certificate, license, or other grant of authority for each unmanned aircraft system awarded a certificate, license, or other grant of authority to operate in the national airspace system, including any such certificate, license, or other grant of authority awarded prior to the date of enactment of this section; (2) information detailing where, when, and for what period each unmanned aircraft system will be operated; (3) information detailing any data security breach that occurs with regard to information collected by an unmanned aircraft system; and (4) in the case of a certificate, license, or other grant of authority awarded on or after the date of enactment of this section to operate an unmanned aircraft system in the national airspace system, the data collection statement described in section 339(b) and, if applicable, the data minimization statement described in section 339(c) required with respect to such unmanned aircraft system. (b) Deadline The Administrator shall complete the requirements under subsection (a) with regard to each unmanned aircraft system— (1) in the case of a certificate, license, or other grant of authority awarded before the date of enactment of this section, not later than 90 days after such date of enactment; and (2) in the case of a certificate, license, or other grant of authority awarded on or after the date of enactment of this section, as soon as is practicable after the date of approval of such certificate, license, or other grant of authority. 341. Warrants required for generalized surveillance (a) In general A public agency, entity, or individual officially representing a public agency or entity may not use an unmanned aircraft system or request information or data collected by another entity using an unmanned aircraft system for protective activities, or for law enforcement or intelligence purposes, except pursuant to 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) by a court of competent jurisdiction, or as otherwise provided in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Exception (1) In general Subsection (a) shall not apply in exigent circumstances (as defined in paragraph 2). (2) Exigent circumstances defined Exigent circumstances exist when a public agency, entity, or individual officially representing such public agency or entity reasonably believes— (A) there is imminent danger of death or serious physical injury; (B) there is a high risk of a terrorist attack by a specific individual or organization, when the Secretary of Homeland Security has determined that credible intelligence indicates there is such a risk; or (C) a search and rescue mission is appropriate. (3) Required documentation In the case of a public agency, entity, or individual officially representing such agency or entity operating an unmanned aircraft system under the exception for exigent circumstances created by paragraph (1), documentation justifying the exception shall be submitted to the Secretary of Transportation not later than 7 days after the date of the relevant unmanned aircraft system flight. (4) Information or data unrelated to exigent circumstances A public agency, entity, or individual officially representing such agency or entity operating an unmanned aircraft system under the exception for exigent circumstances created by paragraph (1) shall minimize the collection by the unmanned aircraft system of information and data unrelated to the exigent circumstances, and if such unmanned aircraft system incidentally collects any such information or data while being operated under such exception, the person or entity operating the unmanned aircraft system shall destroy such information and data. (5) Prohibition on information sharing A public agency, entity, or individual officially representing such public agency or entity shall not intentionally divulge information collected in accordance with this section with any other person or entity, except as authorized by law. (6) Prohibition on use as evidence Whenever information has been collected by means of use of an unmanned aircraft system, no part of the contents of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof unless that information is collected in accordance with this section. . 3. Enforcement (a) Prohibited conduct (1) In general It shall be unlawful for a person or entity to operate an unmanned aircraft system in a manner that is not in accordance with the terms of a data collection statement submitted under section 339(a)(1) of the FAA Modernization and Reform Act of 2012, as added by section 3 of this Act, or in a manner that violates any portion of the final rule required under section 332(b)(1) of such Act insofar as such portion relates to the procedures described in section 338 of such Act. (2) Regulations The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to carry out paragraph (1) with respect to persons and entities described in subsection (b)(3). (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) or the regulations promulgated under such subsection shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission The Commission shall enforce subsection (a) and the regulations promulgated under such subsection in the same manner, by the same means, and with the same powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any violator shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act . (3) Applicability Paragraphs (1) and (2) shall apply— (A) with respect to persons, partnerships, and corporations over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) (except to the extent such person, partnership, or corporation is a law enforcement contractor or subcontractor); and (B) notwithstanding such section, with respect to air carriers and foreign air carriers. (c) Actions by States (1) Civil actions In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice in violation of subsection (a) or a regulation promulgated under such subsection, or by the operation of an unmanned aircraft system in violation of the terms of a data minimization statement submitted under section 339(a)(2) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), the State may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin the violation; (B) enforce compliance with such subsection, regulation, or statement; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice Before filing an action under this subsection against a person, partnership, or corporation over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) (except to the extent such person, partnership, or corporation is a law enforcement contractor or subcontractor) or an air carrier or foreign air carrier, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of that action and a copy of the complaint for that action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Authority of the Commission (A) In general On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on State action while Federal action is pending If the Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (a) or a regulation promulgated under such subsection (referred to in this subparagraph as the Federal action ), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation as alleged in that complaint. (4) Rule of construction For purposes of bringing a civil action under this subsection, nothing in this Act or any amendment made by this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (d) Private right of action (1) In general A person injured by an act in violation of subsection (a) or the regulations promulgated under such subsection, or by the operation of an unmanned aircraft system in violation of the terms of a data minimization statement submitted under section 339(a)(2) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), may bring in an appropriate State court or an appropriate district court of the United States— (A) an action to enjoin such violation; (B) an action to recover damages for actual monetary loss from such violation, or to receive up to $1,000 in damages for each such violation, whichever is greater; or (C) both such actions. (2) Intentional violations If the defendant committed a violation described in paragraph (1), and intended to do so, the court may increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B). (3) Costs The court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney’s fees, as determined by the court. (4) Limitation An action may be commenced under this subsection not later than 2 years after the date on which the person first discovered or had a reasonable opportunity to discover the violation. (5) Nonexclusive remedy The remedy provided by this subsection shall be in addition to any other remedies available to the person. (e) Suits against governmental entities Notwithstanding the Federal Trade Commission Act (15 U.S.C. 41 et seq.), a suit under subsection (c) or subsection (d) may be maintained against a governmental entity. (f) License revocation The Federal Aviation Administration shall revoke the certificate, license, or other grant of authority to operate an unmanned aircraft system if such system is operated in a manner that— (1) is not in accordance with the terms of— (A) a data collection statement submitted under section 339(a)(1) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as added by this Act; or (B) a data minimization statement submitted under section 339(a)(2) of such Act; or (2) violates any portion of the final rule required under section 332(b)(1) of such Act insofar as such portion relates to the procedures described in section 338 of such Act, as added by this Act. (g) Violations Each day on which each unmanned aircraft system is operated in violation of subsection (a), or the regulations promulgated under such subsection, or the terms of a data minimization statement submitted under section 339(a)(2) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as added by section 3 of this Act, shall be treated as a separate violation. (h) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Law enforcement The term law enforcement has the meaning given such term in section 337(c)(3) of the FAA Modernization and Reform Act of 2012, as added by section 3 of this Act. (3) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (4) Unmanned aircraft system The term unmanned aircraft system has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). 4. Model aircraft provision Nothing in this Act may be construed to apply to model aircraft as defined in section 336(c) of the FAA Modernization and Reform Act of 2012.
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113-hr-2869
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I 113th CONGRESS 1st Session H. R. 2869 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Rogers of Michigan (for himself and Ms. Matsui ) 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 establish payment parity under the Medicare program for ambulatory cancer care services furnished in the hospital outpatient department and the physician office setting.
1. Short title This Act may be cited as the Medicare Patient Access to Cancer Treatment Act of 2013 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The National Cancer Institute estimates that approximately 13.7 million Americans with a history of cancer were alive on January 1, 2012. (2) About 8 million of the 13.7 million Americans living with cancer are over age 65, and approximately half of cancer care spending is associated with Medicare beneficiaries. (3) National spending on cancer care in 2010 is estimated at $125 billion. (4) In 2011, the National Cancer Institute released projections of the cost of cancer care in the United States, finding the total cost of cancer care in 2020 is expected to be $206 billion. (5) In a 2010 study, Milliman reported that in 2007 a cancer patient receiving chemotherapy incurred average costs of approximately $111,000, three times the cost of a coronary artery disease patient, and six times the cost of a diabetes patient. (6) Over the last several years, the United States has been touted as world leader in providing high-quality cancer care. (7) United States cancer survival rates are higher than the average in Europe and Canada for 13 of 16 types of cancer. (8) Until recently, over 80 percent of United States cancer patients received care in the community setting. (9) Over the past several years, the country has experienced a significant shift of outpatient cancer care delivery from the physician’s office to the hospital outpatient department. (10) Reports show that over the past six years, 43 community practices have started referring all of their patients elsewhere for treatment, 288 oncology office locations have closed, 131 practices have merged or were acquired by a corporate entity other than a hospital, and 469 oncology groups have entered into an employment or professional services agreement with a hospital. (11) Over 1,000 clinics or practices have been impacted over the last 3 years out of a population of only 6,000 oncologists in community practice in the United States. (12) A 2013 study published by The Moran Company ( Moran study ) found that, between 2005 and 2011, there was a 150 percent increase in administered chemotherapy in the hospital outpatient setting for Medicare fee-for-service beneficiaries (increasing from 13.5 percent in 2005 to 33.0 percent in 2011) as compared to administration in physician community cancer clinics. (13) The Moran study found that, in 2005, almost 87 percent of Medicare patients were receiving their care in the community setting, by 2011 only 67 percent were utilizing the community setting. (14) The Moran study reports that Medicare payments for chemotherapy administered in hospital outpatient settings have more than tripled since 2005 (from $90 million to $300 million) while payments to physician community cancer clinics have actually decreased by 14.5 percent. (15) The Medicare physician fee schedule rate in 2012 for CPT Code 96413 (Chemo, iv infusion, 1 hr), the most common drug administration code billed by oncology practices, is $139 but the payment rate for the same service under the Medicare hospital outpatient prospective payment system (HOPPS) fee schedule in 2012 is 50 percent higher at $208. (16) Utilization-weighted Medicare payment for infusion services is approximately 55 percent higher at the hospital outpatient department than in a physician’s office. (17) Medicare proposed in 2012 to pay hospital outpatient departments 25 percent more for radiation therapy services than for the same services performed in physicians’ offices, including a 70 percent differential for intensity modulated radiation treatment (IMRT) and a 188 percent differential for stereotactic body radiation therapy delivery (SBRT). (18) One third of hospitals in the United States purchase chemotherapy drugs through the section 340B program at a discount of up to 50 percent, resulting in a net cost to such hospitals that typically is at least 30 percent below reimbursement rate (which is based on 106 percent of the average sales price) for community oncologists for such drugs. (19) Medicare reimburses 70 percent of hospital bad debt (uncollectable coinsurance). (20) According to an October 2011 Milliman study, the cost of treating cancer patients is significantly lower for both Medicare patients (10 percent lower in copayment amounts, more than $650 savings a year) and the Medicare program (14.2 percent less, a savings of $6,500 a year per patient) when provided in community-based cancer settings as compared to the same treatment in hospital outpatient departments. (21) The April 1, 2013, sequestration cuts to Medicare allowed for a 28 percent cut to the services reimbursement in Medicare part B drugs to community oncologists. (22) A recent Community Oncology Alliance survey showed that 69 percent of practices surveyed reported that patient treatment or operational changes already have been made due to the sequester cut to cancer drugs, with 49 percent of practices forced to send Medicare patients elsewhere for treatment, and 62 percent of practices reported that they will be forced to send Medicare patients elsewhere for treatment if the sequestration cuts stay in place through July 31, 2013. (23) The June 2013 report of the Medicare Payment Advisory Commission highlighted the large disparities in payment in outpatient settings and noted that the payment variations across settings should be addressed quickly due to the fact that current disparities have created incentives for hospitals to buy physician practices, driving up costs for the Medicare program and for beneficiaries. (b) Sense of Congress It is the sense of Congress that, to ensure the future of community cancer care, Medicare reimbursement should be equal for the same service provided to a cancer patient regardless of whether the service is delivered in the hospital outpatient department or physician’s office. 3. Equalizing Medicare reimbursement in hospital outpatient departments and physicians’ offices for cancer care services (a) In general Section 1833(t) of the Social Security Act ( 42 U.S.C. 1395l(t) ) is amended— (1) in paragraph (2)— (A) in subparagraph (G), by striking and at the end; (B) in subparagraph (H), by striking the period at the end and inserting ; and ; and (C) by inserting after subparagraph (H) the following new subparagraph: (I) payment for covered OPD services that are cancer care services (as defined in subparagraph (B) of paragraph (18)) shall be made consistent with subparagraph (A) of such paragraph. ; and (2) by adding at the end the following new paragraph: (18) Special payment rule for cancer care services (A) In general In the case of cancer care services that are furnished on or after January 1, 2014, the payment amount for such services under this subsection and under section 1848 shall be a budget neutral combination (as determined by the Secretary) of— (i) the amount otherwise payable under this subsection for such services; and (ii) the amount otherwise payable under section 1848 for such services. (B) Cancer care services defined For purposes of this subsection, the term cancer care services means covered OPD services or physicians’ services for which payment is made under section 1848 that are furnished in conjunction with the diagnosis or treatment of cancer. . (b) Conforming amendment Section 1848(a) of Social Security Act ( 42 U.S.C. 1395w–4(a) ) is amended by adding at the end the following new paragraph: (9) Application of special rule for cancer care services In the case of physicians’ services that are cancer care services (as defined in subparagraph (B) of section 1833(t)(18)) that are furnished on or after January 1, 2014, the payment amount for such services under this section shall be the payment amount for such services determined under subparagraph (A) of such section. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr2869ih/xml/BILLS-113hr2869ih.xml
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113-hr-2870
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I 113th CONGRESS 1st Session H. R. 2870 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Brady of Texas (for himself, Mr. Crowley , Ms. Jenkins , Mr. Blumenauer , Mr. Rangel , Mr. Roskam , Mr. Pascrell , Mr. Van Hollen , Mr. Sam Johnson of Texas , Mr. Larson of Connecticut , Mr. Sessions , Mr. Gerlach , Mr. Kind , and Mr. King of New York ) 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 exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes.
1. Short title This Act may be cited as the Real Estate Investment and Jobs Act of 2013 . 2. Exception from FIRPTA for certain stock of real estate investment trusts (a) In general Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended— (1) by striking all that precedes If any class and inserting the following: (3) Exceptions for certain stock (A) Exception for stock regularly traded on established securities markets , (2) by inserting before the period the following: . In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting 10 percent for 5 percent , and (3) by adding at the end the following new subparagraph: (B) Exception for certain stock in real estate investment trusts (i) In general Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder (other than an investor that is a qualified shareholder) holds (directly or indirectly through the qualified shareholder) more than 10 percent of the stock of such real estate investment trust. (ii) Qualified shareholder For purposes of this subparagraph, the term qualified shareholder means an entity— (I) that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, (II) that is a qualified collective investment vehicle, (III) whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and (IV) that maintains records on the identity of each person who, at any time during the qualified shareholder’s taxable year, is the direct owner of more than 10 percent of the class of interest described in clause (III). (iii) Qualified collective investment vehicle For purposes of this subparagraph, the term qualified collective investment vehicle means an entity that— (I) would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, (II) is a corporation (other than a corporation that is entitled to a deduction or exclusion for dividends paid to its shareholders or subject to a requirement to distribute any portion of its taxable income annually) engaged primarily in the trade or business of operating or managing real estate entities or assets either directly or through entities under common control (within the meaning of subsections (a) and (b) of section 52), or (III) is designated as a qualified collective investment vehicle by the Secretary and is either— (aa) fiscally transparent within the meaning of section 894, or (bb) required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors. . (b) Distributions by real estate investment trusts Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended— (1) by striking Any distribution and inserting the following: (A) In general Except as provided in subparagraph (B), any distribution , (2) by inserting (10 percent in the case of stock of a real estate investment trust) after 5 percent of such class of stock , (3) by inserting , and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B) before the period at the end of the second sentence, and (4) by adding at the end the following new subparagraph: (B) Special rule Subparagraph (A) shall not apply to distributions which are treated as a sale or exchange of stock or property pursuant to section 301(c)(3), 302, or 331. . (c) Definition Paragraph (4) of section 897(h) of the Internal Revenue Code of 1986 is amended by adding at the end of subparagraph (B) the following: In determining whether a qualified investment entity is domestically controlled, any stock in the qualified investment entity held by another qualified investment entity shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled. In making such a determination, a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership. . (d) Conforming amendment Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking more than 5 percent and inserting more than 5 or 10 percent, whichever is applicable, , and (2) by striking substituting 5 percent for 50 percent ) and inserting substituting 5 percent or 10 percent, whichever is applicable for 50 percent ) . (e) Effective dates (1) In general The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. (2) Distributions The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (3) Definitions The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. 3. United States real property interest (a) United States real property interest Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes (i) as of the date of the disposition and inserting the following: (B) Exclusion for interest in certain corporations The term United States real property interest does not include any interest in a corporation (other than a qualified investment entity (as defined in subsection (h)(4)(A)(i)) if— . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act.
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113-hr-2871
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I 113th CONGRESS 1st Session H. R. 2871 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Coble (for himself, Mr. Watt , Mr. Holding , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to modify the composition of the southern judicial district of Mississippi to improve judicial efficiency, and for other purposes.
1. Realignment of southern judicial district of Mississippi Section 104(b) of title 28, United States Code, is amended to read as follows: (b) Southern District The southern district comprises four divisions. (1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo. Court for the Northern Division shall be held at Jackson. (2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone. Court for the Southern Division shall be held at Gulfport. (3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall. Court for the Eastern Division shall be held at Hattiesburg. (4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson. Court for the Western Division shall be held at Natchez. . 2. Effective date This Act and the amendment made by this Act shall take effect on the date of the enactment of this Act.
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113-hr-2872
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I 113th CONGRESS 1st Session H. R. 2872 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Foreign Affairs , the Judiciary , 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 secure the borders of the United States, and for other purposes.
1. Short title; Definition; Table of contents (a) Short title This Act may be cited as the Border Enforcement, Security, and Technology Act of 2013 and BEST Act of 2013 . (b) Definition In this Act, the term appropriate congressional committees means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; Definition; Table of contents. Title I—Comprehensive border security strategy Sec. 101. Technology plan. Sec. 102. National Strategy for Border Security. Sec. 103. Roles and responsibility. Title II—Border security personnel and resources Sec. 201. Maintenance of adequate ratio of supervisory and managerial agents to new agents. Sec. 202. Strengthening border patrol recruitment and retention. Sec. 203. Authorization of additional U.S. Customs and Border Protection officers. Sec. 204. Strengthening U.S. Customs and Border Protection officer recruitment and retention. Sec. 205. Enhanced customer service standards and professionalism training. Sec. 206. U.S. Customs and Border Protection officer training. Sec. 207. U.S. Customs and Border Protection wait times transparency. Sec. 208. K–9 units. Sec. 209. Equipment and vehicle needs for Customs and Border Protection officers and Border Patrol agents. Title III—Strengthening infrastructure and technology Sec. 301. Pilot program on border connectivity. Title IV—Securing the ports of entry Sec. 401. Biometric exit data system. Sec. 402. NEXUS, SENTRI, and FAST assessment. Sec. 403. Electronic device search and seizure standards at ports of entry. Title V—Federal, State, and local coordination and assistance Sec. 501. Coordination of land and maritime border enforcement efforts. Sec. 502. Department of Homeland Security Border Oversight Task Force. Title VI—International cooperation Sec. 601. North and Central American border security cooperation initiative. Sec. 602. Enhancing the security of Mexico’s southern border. Sec. 603. Caribbean cooperation initiative. Title VII—Secure and humane detention and effective repatriation. Sec. 701. Immigration detention standards. Sec. 702. Detention management. Sec. 703. Alternatives to detention for families and vulnerable populations. Sec. 704. Short term detention standards at and between ports of entry. Sec. 705. Report on nondeportable aliens. I Comprehensive border security strategy 101. Technology plan (a) Requirement for plan The Secretary of Homeland Security shall develop a comprehensive plan for the technology for the security of the international borders of the United States. (b) Contents The plan required under subsection (a) shall include the following: (1) A description of existing technologies employed along the international borders of the United States. (2) Requirements relating to the compatibility of new technologies with technologies in use by the Secretary of Homeland Security on the date of the enactment of this Act. (3) A description of how the Commissioner of United States Customs and Border Protection and the Commandant of the Coast Guard are working, or are expected to work, with the Under Secretary for Science and Technology of the Department of Homeland Security to identify and test new technology. (4) A description of the specific technology to be deployed along the international borders of the United States. (5) Identification of any obstacles that may impede the deployment described in paragraph (4). (6) A description on how the Commissioner of United States Customs and Border Protection shall consult with border communities in the development of technology. (7) A description of how existing and proposed technologies and infrastructure used for land and maritime security will impact the environmental, social, economic, and cultural conditions of surrounding communities. (8) A detailed estimate of all costs associated with the deployment of new technology and infrastructure and with continued maintenance of such technologies and infrastructure. (9) A detailed estimate of personnel needed to operate and maintain the technologies and infrastructure described in paragraph (8). (10) A description of how the Secretary of Homeland Security is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles. (11) A description of technologies developed or utilized by the Department of Defense, including any such technologies determined to be excess by the Secretary of Defense. (c) Submission to Congress Not later than three months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the plan required under subsection (a). 102. National Strategy for Border Security (a) Requirement for strategy The Secretary of Homeland Security, in consultation with the heads of other appropriate Federal departments and agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to achieve operational control over— (1) all ports of entry into the United States; and (2) the international borders of the United States. (b) Contents The National Strategy for Border Security required under subsection (a) shall include the following: (1) The implementation schedule for the comprehensive technology plan for the security of the international borders required under section 101. (2) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international borders. (3) A risk assessment for all United States ports of entry and all portions of the international borders of the United States, including a description of activities being undertaken to— (A) prevent the entry into the United States of terrorists, instruments of terrorism, human traffickers, criminal aliens, perpetrators of criminal violence, unlawful aliens, narcotics, and other contraband; and (B) protect critical infrastructure at or near such ports of entry or borders. (4) A description of the legal requirements that prevent achieving and maintaining operational control over the international borders of the United States. (5) A description of the most appropriate, practical, and cost-effective means of protecting the international borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address border security vulnerabilities. (6) A description of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the international borders of the United States and the impact of new security programs, policies, and technologies. (7) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary of Homeland Security can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (8) A description of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. (9) An assessment of effects and reporting on deaths and injuries resulting from unlawful border crossings. (10) A prioritized list of research and development objectives to enhance the security of the international borders of the United States. (11) An assessment on how crossing times at port of entry border crossings impact legitimate border activity. (12) A description of the performance metrics to be used to ensure accountability by the components of the Department of Homeland Security in implementing such Strategy. (13) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing security and enforcement needs, an estimate of the resources required to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the National Strategy for Border Security required under subsection (a), the Secretary of Homeland Security shall consult with representatives of— (1) State, local, territorial, and tribal authorities with responsibility for locations along the international borders of the United States; and (2) appropriate private sector entities, labor organizations, nongovernmental organizations, and affected communities that have expertise in subject matter areas related to border policy. (d) Coordination The National Strategy for Border Security required under subsection (a) shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress (1) Strategy Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees the National Strategy for Border Security required under subsection (a). (2) Updates The Secretary of Homeland Security shall submit to the appropriate congressional committees any update of such Strategy that the Secretary determines is necessary, not later than 30 days after any such update is developed. 103. Roles and responsibility (a) In general Nothing in section 102 or 103 may be construed to relieve the Secretary of Homeland Security of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the international borders of the United States. (b) Operational control defined In this title, the term operational control means the ability to detect, respond, and interdict border penetrations in areas determined to be a high priority for threat potential or other national security objectives. Such ability may be limited to specific smuggling corridors or other geographically defined locations as designated by the Secretary of Homeland Security. II Border security personnel and resources 201. Maintenance of adequate ratio of supervisory and managerial agents to new agents (a) In general Except as provided in subsection (b), the Secretary of Homeland Security shall maintain a ratio of five new Border Patrol agents to every one supervisor. (b) Exception Subsection (a) shall not apply in the case of a work unit with an average length of service of four or more years. (c) New Border Patrol agent defined In this section, the term new Border Patrol agent means a Border Patrol agent who has fewer than two years of experience. 202. Strengthening border patrol recruitment and retention (a) In general The Secretary of Homeland Security shall, in accordance with existing Federal statutes applicable to pay, recruitment, and retention of Federal law enforcement officers, address the recruitment and retention challenges faced by the Border Patrol, including the following: (1) The establishment of a recruitment incentive for Border Patrol agents, including the establishment of a foreign language incentive award. (2) The establishment of a retention plan, including the payment of bonuses to Border Patrol agents for every year of service after the first two years of service. (3) An increase in the pay percentage differentials to Border Patrol agents in certain high-cost areas, as determined by the Secretary of Homeland Security, in accordance with other Federal, State, and local law enforcement agencies. (4) The basic rate of pay for Border Patrol agents shall increase from the annual rate of basic pay for positions at GS–12 of the General Schedule to the annual rate of basic pay for positions at GS–13 of such Schedule. (5) The establishment of quarterly goals for the recruitment of new Border Patrol agents, including goals for the number of such recruits entering Border Patrol training, and the number of such recruits who successfully complete such training and become Border Patrol agents. (b) Applicability of recruitment incentive to current Border Patrol agents Any recruitment incentive described in subsection (a)(1) shall be applicable for Border Patrol agents currently employed by the Department of Homeland Security who may qualify for such incentive. (c) Supervisor training capacity The Secretary of Homeland Security shall expand the training capacity at the Federal Law Enforcement Training Center (FLETC) in Artesia, New Mexico, to the extent necessary to train and maintain the ratio specified in section 201. (d) Reporting requirements relating to recruitment and retention progress Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the resources expended for Border Patrol recruitment and retention efforts by the Department of Homeland Security and whether the Department is meeting its recruitment and retention goals for Border Patrol agents under this section. 203. Authorization of additional U.S. Customs and Border Protection officers Not later than September 30, 2014, the Secretary of Homeland Security is authorized to increase the number of U.S. Customs and Border Protection officers by 1,600 over the number of such officers in existence as of the date of the enactment of this Act. 204. Strengthening U.S. Customs and Border Protection officer recruitment and retention (a) Required plan The Secretary of Homeland Security shall establish a plan, in accordance with existing Federal statutes applicable to pay, recruitment, and retention of Federal law enforcement officers, to address the recruitment and retention challenges faced by U.S. Customs and Border Protection. Such plan shall include the following components: (1) The establishment of a retention plan, including the payment of bonuses to U.S. Customs and Border Protection officers for every year of service after the first two years of service. (2) An increase in the pay percentage differentials to U.S. Customs and Border Protection officers in certain high-cost areas, as determined by the Secretary of Homeland Security, in accordance with other Federal, State, and local law enforcement agencies. (3) An increase in the annual rate of basic pay for U.S. Customs and Border Protection Officers at GS–12 of the General Schedule to the annual rate of basic pay for positions at GS–13 of such Schedule. (4) The establishment of quarterly goals for the recruitment of new U.S. Customs and Border Protection officers, including goals for the number of such recruits entering U.S. Customs and Border Protection officer training, and the number of such recruits who successfully complete such training and become U.S. Customs and Border Protection officers. (b) Reporting requirements relating to recruitment and retention progress Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the resources expended for U.S. Customs and Border Protection officer recruitment and retention efforts by the Department of Homeland Security and whether the Department is meeting its recruitment and retention goals for U.S. Customs and Border Protection officers under this section. 205. Enhanced customer service standards and professionalism training (a) Plans required The Secretary of Homeland Security shall implement a comprehensive plan, based on publicly communicated metrics, for U.S. Customs and Border Protection to improve professionalism and customer service. (b) Plan components The plan required under subsection (a) shall include each of the following: (1) Information on the metrics U.S. Customs and Border Protection will use to measure customer service. (2) Information on the metrics U.S. Customs and Border Protection will use to measure professionalism. (3) The implementation of a system to improve customer service by soliciting customer comments combining in person, phone, and online solutions. (4) The establishment of customer service best practices based on the customer service metrics referred to in paragraph (1). (5) The establishment of professionalism best practices based on the professionalism metrics referred to in paragraph (2). (6) A requirement that U.S. Customs and Border Protection submit to Congress quarterly reports on the agency’s performance against the customer service metrics referred to in paragraph (1), the professionalism metrics referred to in paragraph (2), the best practices referred to in paragraph (4), and the best practices referred to in paragraph (5). (c) Annual reports to Congress At least once each year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on U.S. Customs and Border Protection. Each such report shall include— (1) an assessment of U.S. Customs and Border Protection’s customer service performance based on the metrics referred to in subsection (b)(1); (2) a detailed description of customer service improvements sought by customers; (3) customer service improvements sought by Department of Homeland Security metrics, and the costs associated with such improvements; (4) the security and efficiency benefits derived from such improvements; (5) an assessment of U.S. Customs and Border Protection’s professionalism performance based on the metrics referred to in subsection (b)(2); (6) a description of any improvements in U.S. Customs and Border Protection’s professionalism, and costs associated with such improvements; and (7) the security and efficiency benefits derived from such improvements. (d) Oversight The Department of Homeland Security’s Office of Civil Rights and Civil Liberties shall have oversight of— (1) the customer service and professionalism efforts of U.S. Customs and Border Protection under this section to ensure that comments are collected, analyzed, and responded to in a timely manner; and (2) the development of monthly reports detailing the number and types of such comments submitted by the public, which shall be made available to the public through the Department’s Web site. 206. U.S. Customs and Border Protection officer training (a) Ensuring customs and border protection officer training Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall incorporate into an existing database of the agency or develop a database system that identifies for each Customs and Border Protection officer— (1) the assigned port placement location; (2) the specific assignment and responsibilities; (3) the required initial training courses completed; (4) the required ongoing training courses available and completed; (5) for each training course completed, the method by which such training course was delivered; (6) for each training course, the time allocated during on-duty hours within which training must be completed; (7) for each training course offered, the duration of training and the amount of time an officer must be absent from work to complete such training course; (8) if training has been postponed, the basis for postponing such training and the date such training was completed; (9) certification or evidence of completion of each training course; and (10) certification by a supervising officer that the officer at issue is able to carry out the function for which the training was provided. (b) Identifying and enhancing on-the-Job training Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall— (1) review the mission and responsibilities of Customs and Border Protection officers carried out at air, land, and sea ports of entry in both primary and secondary inspections areas; (2) develop an inventory of specific tasks that must be performed by Customs and Border Protection officers throughout the entire inspection process at such ports of entry, including tasks to be performed in such primary and secondary inspections areas; (3) ensure that on-the-job training includes supervised and evaluated performance of the tasks identified in paragraph (2), or a supervised and evaluated practical training exercise that simulates the on-the-job experience; and (4) develop criteria to measure officer proficiency in performing the tasks identified in paragraph (2) and for providing feedback to officers on a regular basis. (c) Use of data The Commissioner of U.S. Customs and Border Protection shall use the information developed under subsection (a) and subsection (b)(2) to— (1) develop specific training requirements for Customs and Border Protection officers to ensure that such officers have sufficient training to conduct primary and secondary inspections at land, air, and sea ports of entry; (2) measure progress toward achieving the training requirements referred to in paragraph (1); and (3) make staffing allocation decisions. (d) Competency Supervisors of on-the-job training for Customs and Border Protection officers shall— (1) attest to the competency of such officers to carry out the functions for which such officers received training; and (2) provide feedback to such officers on performance. 207. U.S. Customs and Border Protection wait times transparency To increase professionalism and transparency, the Commissioner of U.S. Customs and Border Protection shall— (1) publish live wait times at all United States ports of entry, as determined by calculating the time elapsed between an individual’s entry into the Customs and Border Protection inspection area and such individual’s clearance by a Customs and Border Protection officer; (2) make information about such wait time available to the public in real time through the U.S. Customs and Border Protection Web site; (3) submit to the appropriate congressional committees monthly reports that include compilations of all such wait times and that rank all United States air ports of entry by wait times; and (4) provide adequate staffing at the U.S. Customs and Border Protection information center to reduce wait times to under 10 minutes for travelers attempting to submit comments or speak with a representative about their entry experiences. 208. K–9 units (a) In general The Secretary of Homeland Security shall increase by 20 percent the number of K–9 units working within U.S. Customs and Border Protection over the number of such units in existence at the end of fiscal year 2013, including adding infrastructure, officers, and support staff necessary for such additional units. (b) Use of new units The Secretary of Homeland Security shall deploy to the international borders between the United States and Mexico and the United States and Canada the additional K–9 units added under subsection (a). Such units shall be used only for bomb, narcotics, passenger, and currency detection purposes. 209. Equipment and vehicle needs for Customs and Border Protection officers and Border Patrol agents (a) In general The Secretary of Homeland Security shall keep the appropriate congressional committees informed of the equipment and vehicle needs for Customs and Border Protection Officers and Border Patrol agents. (b) Equipment and vehicles Equipment and vehicle needs under subsection (a) shall include the following: (1) The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall account for the number of helicopters and power boats. The Secretary shall ensure that the appropriate types of helicopters that are being requested will be mission capable. The Secretary shall also ensure that the types of power boats that are being requested are appropriate for both the waterways in which they are to be used and the mission requirements. (2) The Secretary of Homeland Security shall keep the appropriate congressional committees informed of the fleet of motor vehicles appropriate for use by Border Patrol agents and, when necessary, by Customs and Border Protection officers, that will permit a ratio of at least one mission specific vehicle per every three agents or officers. Each vehicle shall have a panic button and a global positioning system device that may be activated solely in emergency situations for the purpose of tracking the location of an agent or officer in distress. (3) The Secretary of Homeland Security shall equip each mission specific vehicle in the fleet of the Border Patrol and when necessary, U.S. Customs and Border Protection, with a portable electronic device that would allow agents to access necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol and, when necessary, U.S. Customs and Border Protection. Each such portable electronic device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent or officer in distress. (4) The Secretary of Homeland Security shall equip each Border Patrol agent, and when necessary, each U.S. Customs and Border Protection officer, with a hand-held global positioning system device for navigational purposes. (5) The Secretary of Homeland Security provide for the equipment needs for night time operations, including night vision equipment, by Customs and Border Protection officers and Border Patrol agents. (6) The Secretary of Homeland Security shall issue every Border Patrol agent and Customs and Border Protection officer high-quality body armor that is appropriate for the climate and risks faced by such agents and officers. (c) Use and training The Secretary of Homeland Security shall establish an overall policy on how the equipment and vehicles described in subsection (b) will be used, and implement training programs for the agents and officers who use such equipment and vehicles, including safe operating procedures and rescue operations. III Strengthening infrastructure and technology 301. Pilot program on border connectivity (a) Establishment The Secretary of Homeland Security shall conduct a pilot program to provide a tactical cellular testbed on the southwest border of the United States that serves as both a communications platform and an intelligence data transport layer between a dismounted team and the nearest communications node. Such pilot program shall be designed to— (1) test and deploy 3G/4G communications and intelligence collection devices; (2) evaluate and test solutions that are ruggedized, rapidly deployable, highly mobile, and customizable cellular network capable of meeting multimission requirements and providing complete connectivity in harsh and dynamic operating environments; (3) support the breadth of cellular technologies, including technologies currently being leveraged by the Department of Defense; (4) test and evaluate communications that are interoperable with existing communications capabilities, such as tactical push-to-talk radios; (5) pass data via the platform that includes biometric, forensic, and cellular exploitation data; (6) provide communications and data transport capabilities that are available on-the-move with no disruption in service and that integrate advanced geo-location capabilities; (7) evaluate a platform that is able to operate as a standalone system or be scalable to support multilevel operations in order to meet user specifications and operational needs; and (8) provide secure communications and the rapid dissemination of biometric, forensic, and other collected information to exploitation centers for analysis within minutes and provide a secure path back to the dismounted agent for alerts and immediate feedback. (b) Report to congress Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the Secretary’s plan to conduct the pilot program described in subsection (a). IV Securing the ports of entry 401. Biometric exit data system (a) Establishment (1) Exit data system Not later than December 31, 2015, the Secretary of Homeland Security shall establish a mandatory exit data system that includes the collection of data from machine-readable visas, passports, and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry. (2) Biometric exit data system Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security, in accordance with subsection (b) and in consultation with nongovernmental organizations, academic experts, and appropriate stakeholders representing the aviation and transportation industries, shall establish a mandatory biometric exit data system at the ten United States airports that support the highest volume of international air travel, as determined by Department of Transportation international flight departure data. (3) Study and report Not later than three years after the establishment of the mandatory biometric exit data system under paragraph (2), the Secretary of Homeland Security shall conduct a study of the effectiveness of such system at the ten airports referred to in such paragraph and submit to the appropriate congressional committees a report on the results of such study. (4) Expansion of biometric exit data system Not later than four years after the establishment of the mandatory biometric exit data system under paragraph (2), the Secretary of Homeland Security shall— (A) establish such system at the Core 30 international airports in the United States, as designated by the Federal Aviation Administration; and (B) submit to the appropriate congressional committee a plan for the establishment of such system at major sea and land ports of entry based upon— (i) the performance of such system at the ten airports referred to in such paragraph; and (ii) the findings of the study conducted pursuant to paragraph (3). (b) Requirements for biometric exit data system The mandatory biometric exit data system established under subsection (a)(2) shall— (1) recognize the advantages of being able to confirm an individual’s identity, and potentially such individual’s threat level, upon initial interaction at ports of entry; (2) leverage existing and proven biometric technologies utilized within the Department of Homeland Security; (3) capitalize on lessons learned from the Department of Defense use of biometric technologies in Iraq and Afghanistan; (4) integrate with existing biometric databases across the Federal Government; (5) assess the role of biometric technologies in the Department of Homeland Security’s risk-based security model; and (6) assess operational and funding requirements of Department of Homeland Security components, specifically U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. 402. NEXUS, SENTRI, and FAST assessment The Comptroller General of the United States shall submit to the appropriate congressional committees a study of registered traveler programs that— (1) evaluates existing screening procedures to focus on security risks and creating clear guidelines for program participation; (2) identifies any vulnerabilities in such procedures and making recommendations to rectify such vulnerabilities; and (3) assesses the feasibility of expanding such registered traveler programs to additional ports of entry or additional lanes at ports of entry where such programs are currently in operation, provided that any existing vulnerabilities are addressed. 403. Electronic device search and seizure standards at ports of entry (a) Rule with respect to border security searches of electronic devices (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, in coordination with the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement and the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ), shall issue a rule with respect to the scope of and procedural and recordkeeping requirements associated with border security searches of electronic devices. (2) Content The rule issued pursuant to paragraph (1) shall include the following: (A) A requirement that information collected during a border security search of an electronic device that is determined to be commercial information, including trade secrets, information subject to attorney-client privilege, information subject to doctor-patient privilege, or information subject to another privilege or protection shall be handled in accordance with the laws, rules, and regulations governing such information and shall not be shared with a Federal, State, local, tribal, territorial, or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws, rules, and regulations. (B) A requirement that authorized agents, to the greatest extent practicable, conduct all border security searches of electronic devices in the presence of a supervisor and, where appropriate, in the presence of the individuals whose electronic devices are subject to such searches. (C) A determination of the number of days that an electronic device subjected to a border security search or the information collected from such device may be retained, unless probable cause exists, that prohibits retention exceeding the period necessary to translate, decrypt, or reasonably search such device or information and that requires such information to be destroyed if in the custody of an authorized agent after such number of days. (D) A requirement that if information collected from an electronic device subjected to a border security search is copied, shared, retained, or entered into an electronic database, the individual from whose electronic device such information is collected shall receive written notification of such copying, sharing, retention, or entry unless such notification would hinder an investigation involving national security or would meet another criteria established by the Secretary of Homeland Security in the rule. (E) A requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual. (F) A requirement that an individual subjected to a border security search of an electronic device shall receive notice of how to report abuses or concerns and how to seek redress from the Department of Homeland Security. (G) A requirement that information on the rights of individuals with respect to border security searches and Department of Homeland Security redress procedures shall be posted at all ports of entry in locations that are likely to be viewed by individuals subject to border security searches. (H) A privacy impact assessment of the rule, as prepared by the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002, that includes recommendations with respect to the copying, sharing, retention, and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search. (I) A civil liberties impact assessment of the rule, as prepared by the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security. (b) Training and auditing with respect to the rule (1) Training The Secretary of Homeland Security shall provide each authorized agent with appropriate training to conduct border security searches of electronic devices in accordance with the rule issued pursuant to subsection (a). The training shall include instruction on constitutional, privacy, civil rights, and civil liberties issues related to such searches. (2) Auditing The Secretary of Homeland Security, acting through the Inspector General of the Department of Homeland Security, shall develop and annually administer an auditing mechanism to review whether authorized agents are conducting border security searches of electronic devices in accordance with the rule issued pursuant to subsection (a). (c) Report Not later than 90 days after the effective date of the rule issued pursuant to subsection (a) and quarterly thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes the following: (1) A description of the activities of authorized agents with respect to border security searches of electronic devices. (2) A description of the manner in which the Department of Homeland Security has complied with the requirements of this section. (3) The number, by port of entry, of border security searches of electronic devices conducted during the reporting period. (4) The number, by port of entry, of instances during the reporting period that information from an electronic device subjected to a border security search was retained, copied, shared, or entered in an electronic database, including the number of electronic devices retained as the result of any such border security search. (5) The race, ethnicity, national origin, and citizenship of each individual whose electronic device was subjected to a border security search during the reporting period, to determine the existence or absence of racial profiling. (6) The number of instances during the reporting period that information collected from an electronic device subjected to a border security search was referred to a law enforcement or intelligence agency for further action, including whether such information resulted in a prosecution or conviction. (d) Definitions In this section: (1) Authorized agent The term authorized agent means an agent, officer, or official of United States Customs and Border Protection, United States Immigration and Customs Enforcement, or any other office or agency of the Department of Homeland Security who is authorized to conduct a border security search. (2) Border security search The term border security search means a search by an authorized agent of persons, baggage, or cargo entering, departing, or passing through the United States through any port of entry. (3) Electronic device The term electronic device means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, such as a computer, a cellular telephone, or any other device used for electronic communication or for storing electronic, digital or analog data, and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device. (4) Secretary The term Secretary means the Secretary of Homeland Security. V Federal, State, and local coordination and assistance 501. Coordination of land and maritime border enforcement efforts The Inspector General of the Department of Homeland Security shall submit to Congress a report on the state of coordination between U.S. Customs and Border Protection and the Coast Guard regarding land and maritime border enforcement efforts and make recommendations to enhance such coordination, rectify any jurisdictional issues that are identified, and improve such border security enforcement efforts. 502. Department of Homeland Security Border Oversight Task Force (a) Establishment (1) In general There is established an independent task force, which shall be known as the Department of Homeland Security Border Oversight Task Force (referred to in this section as the DHS Task Force ). (2) Duties The DHS Task Force shall— (A) review and make recommendations regarding immigration and border enforcement policies, strategies, and programs that take into consideration their impacts on border communities; (B) recommend ways in which the Border Communities Liaison Offices can strengthen relations and collaboration between communities in the border regions and the Department of Homeland Security and other Federal agencies that carry out such policies, strategies, and programs; (C) evaluate how the policies, strategies, and programs of Federal agencies operating along the international borders between the United States and Mexico and between the United States and Canada protect the due process, civil, and human rights of border residents, visitors, and migrants at and near such borders; and (D) evaluate and make recommendations regarding the training of border enforcement personnel. (3) Membership (A) In general The DHS Task Force shall be composed of 26 members, appointed by the President, who have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience, of whom— (i) 13 members shall be from the northern border region and shall include— (I) two local government elected officials; (II) two local law enforcement official; (III) two civil rights advocates; (IV) one business representative; (V) one higher education representative; (VI) one representative of a faith community; (VII) two representatives of the Border Patrol; and (VIII) two tribal officials; and (ii) 17 members shall be from the southern border region and shall include— (I) three local government elected officials; (II) three local law enforcement officials; (III) three civil rights advocates; (IV) two business representatives; (V) one higher education representative; (VI) one representative of a faith community; (VII) two representatives of the Border Patrol; and (VIII) two tribal officials. (B) Nongovernmental appointees Individuals appointed as members of the DHS Task Force may not be employed by the Federal Government. (C) Term of service Members of the Task Force shall be appointed for the shorter of— (i) three years; or (ii) the duration of the DHS Task Force. (D) Chair, vice chair The members of the DHS Task Force shall elect a Chair and a Vice Chair from among its members, who shall serve in such capacities for the duration of the DHS Task Force or until removed by the majority vote of at least 14 members. (b) Operations (1) Initial meeting The DHS Task Force shall hold its first meeting not later than 90 days after the date of the enactment of this Act. (2) Hearings The DHS Task Force may, for the purpose of carrying out its duties, hold hearings, sit and act, take testimony, receive evidence, and administer oaths. (3) Recommendations The DHS Task Force may make findings or recommendations to the Secretary of Homeland Security related to the duties described in subsection (a)(2). (4) Response Not later than 180 days after receiving the findings and recommendations from the DHS Task Force under paragraph (2), the Secretary of Homeland Security shall issue a response that describes how the Department of Homeland Security has addressed, or will address, such findings and recommendations. (5) Information from Federal agencies The Chair, or 16 members of the DHS Task Force, may request statistics relating to the duties described in subsection (a)(2) directly from the head of any Federal agency, who shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the DHS Task Force. (6) Compensation Members of the DHS Task Force shall serve without pay, but shall be reimbursed for reasonable travel and subsistence expenses incurred in the performance of their duties. (c) Report Not later than two years after its first meeting under subsection (b)(1), the DHS Task Force shall submit to the President, the appropriate congressional committees, and the Secretary of Homeland Security a final report that contains— (1) findings with respect to the duties of the DHS Task Force; and (2) recommendations regarding border and immigration enforcement policies, strategies, and programs, including— (A) a recommendation as to whether the DHS Task Force should continue to operate; and (B) a description of any duties the DHS Task Force should be responsible for after the termination date described in subsection (d). VI International cooperation 601. North and Central American border security cooperation initiative (a) Assessment of needs The Secretary of Homeland Security, in consultation with the Secretary of State, shall work with the appropriate officials of the Government of Canada and the Government of Mexico to establish a program to assess the specific needs of the countries of Central America to maintain the security of the international borders of such countries and to determine the support needed by such countries from the United States, Canada, and Mexico, to meet such needs. (b) Provision of assistance (1) In general The Secretary of Homeland Security, in cooperation with the Secretary of State, shall work with the appropriate officials of the governments of the countries of Central America to provide, pursuant to the assessment of specific needs determined under subsection (a), the necessary equipment, technical assistance, and vehicles to manage, regulate, and patrol the international borders of such countries. The Secretary of Homeland Security shall establish Special Vetted Units of U.S. Immigration and Customs Enforcement in Central American countries, including in Honduras, where such units do not currently exist. (2) Reporting The Secretary of Homeland Security shall submit to the appropriate congressional committees periodic reports on the utilization of United States assistance under paragraph (1) and the effectiveness of such assistance. 602. Enhancing the security of Mexico’s southern border (a) Provision of assistance The Secretary of Homeland Security, in cooperation with the Secretary of State, shall provide to Mexico assistance to help secure Mexico’s southern border from undocumented aliens, drugs, weapons, and other contraband. (b) Reporting The Secretary of Homeland Security, in cooperation with the Secretary of State, shall submit to the appropriate congressional committees an annual report on the assistance provided in accordance with subsection (a) and an evaluation of its effectiveness. 603. Caribbean cooperation initiative (a) Assessment of needs The Secretary of Homeland Security, in cooperation with the Secretary of State, shall work with appropriate officials of governments of Caribbean countries to establish a program to assess the specific needs of such countries to address the unique challenges of maritime border security. (b) Provision of assistance (1) In general The Secretary of Homeland Security, in cooperation with the Secretary of State, shall work with appropriate officials of the governments of the countries of the Caribbean to provide, pursuant to the assessment of specific needs determined under subsection (a), the necessary equipment, technical assistance, and vehicles to manage, regulate, and patrol the international maritime borders of such countries. The Secretary of Homeland Security shall establish Special Vetted Units of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Coast Guard in such Caribbean countries, where such units do not currently exist. (2) Reporting The Secretary of Homeland Security shall submit to the appropriate congressional committees periodic reports on the utilization of United States assistance under paragraph (1) and the effectiveness of such assistance. VII Secure and humane detention and effective repatriation. 701. Immigration detention standards (a) In general The Secretary of Homeland Security shall establish standards based on guidelines developed in conjunction with outside immigrant rights advocacy groups regarding appropriate treatment of immigration detainees, including guidelines specifically for children at family detention centers. (b) Minimum standards Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall establish minimum standards for the treatment of immigration detainees that shall include at a minimum the following: (1) Fair and humane treatment Procedures to ensure that detainees are not subject to degrading or inhumane treatment such as physical abuse, sexual abuse or harassment, or arbitrary punishment. (2) Limitations on solitary confinement Solitary confinement shall be used only in exceptional cases, for as short a time as possible, and only as a last resort. The decision to place someone in solitary confinement should be reviewed regularly and should not exceed 30 days. Children and the mentally ill shall not be placed in solitary confinement. Procedures limiting the use of solitary confinement, shackling, and strip searches of detainees to situations where the use of such techniques is necessitated by security interests or other extraordinary circumstances. (3) Investigation of grievances Procedures for the prompt and effective investigation of grievances raised by detainees. (4) Access to telephones Procedures permitting detainees sufficient access to telephones, and the ability to contact, free of charge, legal representatives, the immigration courts, the Board of Immigration Appeals, and the Federal courts through confidential toll-free numbers. (5) Location of facilities Location of detention facilities, to the extent practicable, near sources of free or low-cost legal representation with expertise in asylum or immigration law. (6) Procedures governing transfers of detainees Procedures governing the transfer of a detainee that take into account— (A) the detainee’s access to legal representatives, existing attorney-client relationship and location of family within the United States; and (B) the proximity of the facility to the venue of the removal proceeding. (7) Interpretation and translation capabilities The employment of detention facility staff that, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and the provision of alternative interpretation services and translation of vital documents when necessary. (8) Recreational programs and activities Daily access to indoor and outdoor recreational programs and activities. (9) Access to counsel and legal information Access to legal orientation presentation programs, counsel, information about one’s legal case, including prompt filing of the notice to appear and access to a law library. (10) Quality medical care (A) In general The Secretary of Homeland Security shall ensure that prompt and adequate emergency, primary, specialty, and hospital medical care is provided at no cost to detainees, including dental care, eye care, mental health care, individual and group counseling, and medical dietary needs. (B) Medical facilities The Secretary of Homeland Security shall ensure that medical facilities in all detention facilities maintain current accreditation by the National Commission on Correctional Health Care (NCCHC). NCCHC reports of accreditation findings shall be made public. (C) Medical records The Secretary of Homeland Security shall ensure that complete and confidential medical records are maintained for every detainee, and that such records are made available upon request to the detainee, his or her legal representative, or other authorized individuals. (c) Negotiated rulemaking (1) In general Before publishing the proposed regulations required by paragraph (2) to carry out this title, the Secretary of Homeland Security shall establish a negotiated rulemaking process pursuant to subchapter IV of chapter 5 of title 5, United States Code. (2) Representation on negotiated rulemaking committee Any negotiated rulemaking committee established by the Secretary of Homeland Security pursuant to paragraph (1) shall include representatives from— (A) nongovernmental and intergovernmental organizations experienced in providing legal, social, and health services to immigrants and refugees; and (B) the Department of Homeland Security. 702. Detention management (a) Compliance monitoring The Inspector General of the Department of Homeland Security shall monitor compliance with detention guidelines promulgated under section 701 at U.S. Immigration and Customs Enforcement-operated and -contracted immigration detention facilities. (b) Additional monitoring In the case of U.S. Immigration and Customs Enforcement-contracted facilities, the Inspector General of the Department of Homeland Security shall, in addition to the compliance monitoring required under subsection (a), conduct an assessment of contract costs and contract compliance at such facilities. (c) Reporting The Inspector General of the Department of Homeland Security shall submit to the appropriate congressional committees a quarterly report containing findings and recommendations of the Inspector General regarding the monitoring required under subsections (a) and (b). 703. Alternatives to detention for families and vulnerable populations (a) Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out the implementation and utilization of secure alternatives to detention programs. (b) Secure alternatives to detention programs (1) Nature of the program For purposes of this section, the programs referred to in subsection (a) are programs under which aliens are screened, supervised, monitored, provided with information about the legal process by nongovernmental organizations, and referred to nongovernmental legal and social service providers as needed to ensure such aliens appear at all immigration interviews, appointments, and hearings. The Secretary of Homeland Security shall develop custodial alternatives programs that may include the use of electronic monitoring devices and noncustodial alternatives programs. The elements of the secure alternatives to detention program are— (A) group presentations and individual screening; (B) on-going supervision and monitoring; and (C) referrals to assistance from nongovernmental organizations. (2) Voluntary participation An alien’s participation in the programs described in subsection (b) is voluntary and shall not confer any rights or benefits to the alien under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (3) Program development The programs described in subsection (b) shall be developed in accordance with the following guidelines: (A) The Secretary of Homeland Security shall design the programs in consultation with nongovernmental organizations, academic experts, and appropriate stakeholders representing Department of Homeland Security officials in charge of detention facilities. (B) The Secretary of Homeland Security shall enter into contracts with qualified community-based nongovernmental entities that provide services to aliens to provide screening, legal referrals, and social services for secure alternatives to detention programs. (C) The Secretary of Homeland Security shall ensure that each alien participates in a legal presentation provided through the legal orientation presentation program administered by the Executive Office for Immigration Review. (c) Protection of vulnerable populations When possible, within 72 hours of detaining an alien, the Secretary of Homeland Security shall screen such alien to determine if such alien falls into one or more of the following designated groups: (1) Aliens who have serious medical or mental health needs or a disability. (2) Pregnant or nursing women. (3) Aliens who are being detained with one or more of their children. (4) Aliens who provide financial, physical, and other direct support to their minor children, parents, or other dependents. (5) Aliens who are over the age of 65. (6) Children, as defined at section 101(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(c)(1)). (7) Victims of abuse, violence, crime, or trafficking. (8) Asylum seekers. (9) Other groups designated in regulations or guidance promulgated by the Secretary. (10) Aliens who have a reasonable claim to United States citizenship or aliens who are eligible for relief under a provision of the Immigration and Nationality Act. (d) Alternatives to detention, placement, and custody decisions (1) In general Not later than 72 hours after an alien’s detention unless such 72-hour requirement is waived in writing by such alien, such alien shall be released from the Department of Homeland Security’s custody on parole, a reasonable bond, or such alien’s own recognizance, and shall not be subject to electronic monitoring, if the Department demonstrates that— (A) such alien is not subject to mandatory detention under sections 235(b)(1)(B)(iii)(IV) or 236A of the Immigration and Nationality Act, or mandatory custody under section 236(c) such Act; (B) such alien does not pose a danger to others or a risk to national security; and (C) is a member of a vulnerable population as defined by subsection (c). (2) Release An alien shall be released under this subsection— (A) on such alien’s own recognizance; (B) by posting a reasonable bond under section 236(a) of the Immigration and Nationality Act; or (C) on parole in accordance with section 212(d)(5)(A) of such Act. (3) Other participation An alien who is denied release on recognizance, parole, or bond, or is unable to pay the bond, shall be selected for participation in the secure alternatives to detention programs described in subsection (b) unless the Secretary of Homeland Security demonstrates— (A) that such alien is subject to mandatory detention under section 235(b)(1)(B)(iii)(IV) of the Immigration and Nationality Act, or subsections (a) or (c) of section 236 of such Act; (B) substantial evidence that such alien is a flight risk where the risk of such alien’s flight cannot be mitigated through the use of services, supervision, or monitoring; or (C) such alien’s participation in the programs would create a risk to others or national security. (4) Custody If an alien is determined not to meet the requirements for release on recognizance, bond, or parole, or subsequently does not meet the requirements for secure alternatives to detention programs described in subsection (b), such alien may be considered for placement in custodial alternatives to detention programs that maintain custody over such alien, such as through the use of electronic ankle devices. The Secretary of Homeland Security shall make an individualized determination in each alien’s case about the use of electronic monitoring and shall review such decision on a monthly basis. Aliens who would otherwise be subject to detention, including under section 236 of the Immigration and Nationality Act, may be placed in electronic monitoring or other alternatives to detention that maintain custody over such alien. (e) Decisions under this section In the case of a decision under subsection (d), the following shall apply: (1) Such decision shall be made in writing and shall be served upon the alien concerned in the language spoken by such alien. A decision to continue detention without releasing such alien on recognizance, bond, or parole, or enrollment in the secure alternatives to detention programs described in subsection (b) shall specify in writing the reasons for such decision. (2) Such decision shall be served upon such alien within 72 hours of such alien’s detention or, in the case of an alien subject to sections 235, 238, or 241(a)(5) of the Immigration and Nationality Act, within 72 hours of a positive credible or reasonable fear determination. (3) An alien subject to this section, including all aliens who are entitled to a removal hearing under section 240 of the Immigration and Nationality Act, may at any time after being served with the Secretary of Homeland Security’s decision under subsection (d) request a redetermination of such decision by an immigration judge. (f) Applicability The Attorney General or an immigration judge, at any time, may redetermine an alien’s classification as a member of a vulnerable population under subsection (c), the bond of an alien released, or the custody status of an alien placed in the alternatives to detention programs described in subsection (b). Nothing in this section shall preclude an alien from being released on bond after initially participating in the alternatives to detention programs. (g) Eligibility and operations Nothing in this section shall be construed to modify the care and custody of unaccompanied alien children (defined in section 462(g)(2) of the Homeland Security Act ( 6 U.S.C. 279(g)(2) )) who shall be considered to be in the care and exclusive custody of the Department of Health and Human Services. Such children shall not be subject to expedited removal and shall not be permitted to participate in the alternatives to detention programs described in subsection (b). 704. Short term detention standards at and between ports of entry (a) Proper access to food and water upon or as soon as practicable following apprehension and during short term detention at Border Patrol processing centers The Secretary of Homeland Security, acting through the Chief of the Border Patrol, shall ensure that adequate access to food and water is provided to an alien apprehended and detained by a Border Patrol agent between ports of entry upon or as soon as practicable following the time of such apprehension or during subsequent short term detention. (b) Access to information on detainee rights at Border Patrol processing centers (1) In general The Secretary of Homeland Security, acting through the Chief of the Border Patrol, shall ensure that an alien unlawfully present in the United States who is apprehended by a Border Patrol agent is promptly provided with information concerning such alien’s rights, including the right to contact a representative of such alien’s government for purposes of United States treaty obligations. (2) Form The information referred to in paragraph (1) may be provided either verbally or in writing by the apprehending Border Patrol agent, and shall be posted in the detention holding cell in which such alien is being held. The information shall be provided in a language understandable to such alien. (c) Documentation concerning repatriated aliens The Secretary of Homeland Security shall establish and maintain a database containing the following information relating to aliens unlawfully present in the United States apprehended and detained by Border Patrol agents: (1) Information on the location of repatriation. (2) Information on groups of families repatriated. (3) Information on the locations of other members of families, if separated during apprehension or detention. (4) Information on the medical conditions of apprehended and detained aliens. (5) Information on any personal property that was returned to the alien upon repatriation. (d) Short term detention defined In this section, the term short term detention means detention in a United States Border Patrol processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence. (e) Report Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the procurement process and standards of entities with which the Department of Homeland Security has contracts for the transportation and detention of aliens unlawfully present in the United States apprehended by agents or officers of the Department. Such report should also consider the operational efficiency of contracting out transportation and detention of aliens unlawfully present in the United States. 705. Report on nondeportable aliens Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the number and country of origin of nondeportable aliens who have been released into the United States over the past ten years.
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113-hr-2873
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I 113th CONGRESS 1st Session H. R. 2873 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Esty introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Science, Space, and Technology , Education and the Workforce , Small Business , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To evaluate and authorize the continuation of the activities of the Economy, Energy, and Environment (E3) Initiative to Support Sustainable Manufacturing, and for other purposes.
1. Short title This Act may be cited as the E3 Initiative Evaluation Act . 2. Economy, Energy, and Environment Initiative (a) Comptroller General study and report (1) Study (A) In general The Comptroller General shall conduct a study regarding coordination of executive branch activities related to the Economy, Energy, and Environment (E3) Initiative to Support Sustainable Manufacturing. (B) Issues to be studied In conducting the study under subparagraph (A), the Comptroller General shall evaluate— (i) the amount of Federal financial, personnel, and other resources used by the Department of Commerce, the Department of Energy, the Environmental Protection Agency, the Department of Labor, the Small Business Administration, and the Department of Agriculture in supporting the activities of the Economy, Energy, and Environment (E3) Initiative to Support Sustainable Manufacturing; (ii) the results and accomplishments of the participating agencies’ activities undertaken through such Initiative to assist interested stakeholders; (iii) barriers to more effective coordination among the agencies participating in such Initiative; and (iv) ways to increase effective assistance to the stakeholders. (2) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Congress a report summarizing the results of the study conducted under paragraph (1). (b) Continuation of initiative The Federal agencies that participate in the Economy, Energy, and Environment (E3) Initiative to Support Sustainable Manufacturing shall continue such participation under the same terms and conditions as specified in the memorandum of understanding signed by the agencies on September 10, 2010, for at least 3 years after the date of enactment of this Act. (c) Report Not later than March 31st of each year, the agencies participating in the Initiative, through the Interagency Coordinating Committee established under the memorandum of understanding that created the Initiative, shall transmit to Congress a report on the Initiative.
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113-hr-2874
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I 113th CONGRESS 1st Session H. R. 2874 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Schakowsky (for herself, Ms. Eddie Bernice Johnson of Texas , Mr. Honda , Ms. Tsongas , Mr. Keating , Ms. Jackson Lee , Ms. Lee of California , Ms. Speier , Mr. Moran , Mr. Conyers , Mr. McGovern , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Foreign 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 ensure that the United States promotes women’s meaningful inclusion and participation in mediation and negotiation processes undertaken in order to prevent, mitigate, and resolve violent conflict and implements the United States National Action Plan on Women, Peace, and Security.
1. Short title; table of contents (a) Short title This Act may be cited as the Women, Peace, and Security Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sense of Congress regarding the National Action Plan on Women, Peace, and Security. Sec. 5. Statement of United States policies. Sec. 6. National Action Plan on Women, Peace, and Security. Sec. 2158. Training for ensuring women’s meaningful inclusion and participation. Sec. 7. Monitoring and evaluation. Sec. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives. Sec. 9. Consultations with stakeholders. Sec. 10. Reports to Congress. 2. Findings Congress finds the following: (1) The United States National Action Plan on Women, Peace, and Security, rooted in United Nations Security Council Resolution 1325 (SCR 1325) and its four follow-up resolutions 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010) seeks to address the disproportionate impact of modern warfare on civilians, particularly women and girls, and the necessity of substantively including women as equal partners in preventing conflict and building peace in countries threatened and affected by war, violence, and insecurity in all efforts to promote peace and security. . (2) Fundamental to the affirmations described in paragraph (1) is the full and equal participation of women as decisionmakers, planners, implementers, and beneficiaries in all efforts to achieve solutions for just conflict resolution, lasting stability, and inclusive democratic governance, including in— (A) conflict prevention; (B) mediation, transition processes, and peace and security negotiations; (C) peacekeeping and peace-building efforts; (D) humanitarian response; and (E) post-conflict reconstruction and governance. (3) The United States National Action Plan on Women, Peace, and Security, issued in December 2011— (A) builds upon the goals for gender integration articulated in— (i) the United States 2006 National Security Strategy: No nation can be free if half its population is oppressed and denied fundamental rights. We affirm the inherent dignity and worth of women, and support vigorously their full participation in all aspects of society. ; (ii) the United States May 2010 National Security Strategy: Experience shows that countries are more peaceful and prosperous when women are accorded full and equal rights and opportunity. When those rights and opportunities are denied countries often lag behind. ; and (iii) the 2010 Quadrennial Diplomacy and Development Review: The protection and empowerment of women and girls is key to the foreign policy and security of the United States. ; and (B) asserts that evidence from around the world and across cultures shows that integrating women and gender considerations into peace-building processes helps promote democratic governance and long-term stability . (4) As directed by the Executive Order, State, DoD, and USAID will designate one or more officers, as appropriate, as responsible for coordination and implementation, and will supplement this Plan, by submitting to the Assistant to the President and National Security Advisor agency-specific Women, Peace and Security implementation plans. These implementation plans will establish a full range of time-bound, measurable, and resourced actions State, DoD, and USAID will take to realize their commitments, and will include meaningful strategies for monitoring implementation and evaluating results. . (5) On April 5, 2012, the Department of Defense (DoD) issued a Secretary of Defense Memorandum directing the Department to incorporate the concepts from the U.S. National Action Plan on Women, Peace and Security into programs, policies and daily activities, stating that the goal of the National Action Plan is critical to national security; and in June 2012, introduced the Department of Defense Implementation Guide for the U.S. National Action Plan on Women, Peace, and Security to integrate the objectives of the United States National Action Plan into the strategic, operational, and tactical environment and aims of the United States military. (6) In March 2012, the United States Agency for International Development (USAID) released a new, agency-wide Gender Equality and Female Empowerment Policy, the first such policy since 1982. According to this policy, Gender equality and female empowerment are core development objectives, fundamental for the realization of human rights and key to effective and sustainable development outcomes. No society can develop successfully without providing equitable opportunities, resources, and life prospects for males and females so that they can shape their own lives and contribute to their families and communities. . (7) In August 2012, the Department of State Implementation of the National Action Plan on Women, Peace and Security was introduced. The plan states, the Department recognizes that promoting women’s participation in conflict prevention, management and resolution, as well as in post-conflict relief and recovery, advances core U.S. national interests of peace, national security, economic and social development and international cooperation. . (8) In August 2012, the United States Agency for International Development (USAID) introduced its Implementation of the United States National Action Plan on Women, Peace and Security asserting, Ensuring the meaningful participation and protection of women and girls affected by crisis and conflict is critical to building lasting peace and achieving long-term development objectives. . (9) During preparations for United States withdrawal of security forces in Afghanistan by 2014, and upcoming Afghan elections, it is critical to ensure women’s rights are not sacrificed and further that women’s security and ability to move freely throughout the country are recognized as indicators of the transition’s success. (10) In the Democratic Republic of Congo, ongoing impunity for violations of human rights, particularly women’s human rights, continues to undermine all efforts to bring lasting peace to the country and the region. (11) Women and girls on the forefronts of the Arab uprising—from Tunisia, Egypt, Libya, and Syria—are systematically excluded from political processes in the new emerging democratic governments, and reports of gender-based violent attacks, including sexual violence, by police and security forces are frequent. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Foreign Relations of the Senate; (D) the Committee on Appropriations of the House of Representatives; (E) the Committee on Armed Services of the House of Representatives; and (F) the Committee on Foreign Affairs of the House of Representatives. (3) Decisionmaking processes The term decisionmaking processes means formal or informal processes related to, or a part of, negotiations or mediations addressing conflict prevention and stabilization, peace-building, protection, or appropriate security initiatives. (4) NAP The term NAP means the United States National Action Plan on Women, Peace, and Security, which was instituted by Executive Order 13595 on December 19, 2011. (5) Secretary The term Secretary means the Secretary of State. (6) Stakeholders The term stakeholders means nongovernmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace-building, protection, security, transition initiatives, humanitarian response, or related efforts, including— (A) registered or nonregistered nonprofit organizations, advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (B) independent media, educational, or research institutions; and (C) private enterprises, including international development firms, banks, and other financial institutions, and particularly small businesses and businesses owned by women or disadvantaged groups. (7) Women’s meaningful inclusion and participation The term women’s meaningful inclusion and participation means ensuring women have safe, genuine, and effective access and are present and actively involved in the full range of decisionmaking processes, which may include— (A) conflict prevention; (B) mediation or negotiation efforts to resolve, mitigate, and transition from violent conflict; (C) peacekeeping and peace-building efforts; (D) post-conflict reconstruction, transition initiatives, and governance; and (E) humanitarian response. 4. Sense of Congress regarding the United States National Action Plan on Women, Peace, and Security It is the sense of Congress that— (1) the implementation of the United States National Action Plan on Women, Peace, and Security (NAP) is paramount in improving the lives of women and girls around the world and increasing overall global stability and prosperity; (2) Congress supports the statement in the NAP of the United States unqualified commitment to integrating women’s views and perspectives fully into our diplomatic, security, and development efforts—not simply as beneficiaries, but as agents of peace, reconciliation, development, growth, and stability ; (3) Congress is strongly committed to advancing the principles of the NAP, as instituted by Executive Order 13595 of December 19, 2011; (4) the United States should coordinate with the international community and civil society to develop criteria for eligibility to ensure that appropriate civil society representatives with relevant experience in gender sensitivity, peacemaking, or the promotion of human rights and security are identified for inclusion in all peacebuilding processes and activities; and (5) the President, in coordination with the Secretary, the Secretary of Defense, and the Administrator, should— (A) ensure the NAP’s robust, transparent, comprehensive, and coordinated implementation; and (B) coordinate with the international community to reaffirm global commitments to implementation of United Nations Security Council Resolution 1325 utilizing the commitments outlined in the NAP as a diplomatic means to encourage other countries to— (i) advance women’s inclusion in peace negotiations, peace-building activities, and conflict prevention; (ii) protect all civilians, specifically women and girls, from sexual and gender-based violence; and (iii) ensure equal access to relief and recovery assistance in areas of conflict and insecurity. 5. Statement of United States policies (a) In general It is the policy of the United States to implement the United States National Action Plan on Women, Peace, and Security (NAP), as instituted by Executive Order 13595 on December 19, 2011, to ensure that the United States effectively promotes and supports women in conflict-affected and post-conflict regions through clear, measurable commitments to— (1) promote the active and meaningful participation of women in affected areas in all aspects of conflict prevention, management, and resolution; (2) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support women’s equal access to aid distribution mechanisms and services; (5) monitor, analyze, and evaluate implementation efforts and the impact of such efforts; and (6) adjust policies and programs to improve outcomes. (b) Statement of Congress Congress— (1) recognizes the invaluable contributions that United States and international civil society groups have made to United States policies and programs on women, peace, and security; and (2) encourages the Secretary, the Secretary of Defense, and the Administrator to continue to consult and utilize the networks and expertise of these stakeholders to strengthen the implementation of the NAP. (c) Integration The Secretary and the Administrator shall— (1) integrate gender as fully as applicable into all diplomatic and development efforts; (2) include gender in strategic and budget planning processes; (3) continue to use and improve upon performance indicators and evaluation mechanisms to account for ongoing results and measure the impact of United States policies and programs on women and girls in foreign countries; and (4) review existing United States policies and programs on women and girls in foreign countries from a gender perspective, and revise such policies and programs to address any unintended harm. (d) Integration of gender goals in agency guidance and contracting (1) Department of State The Secretary shall prescribe regulations and issue guidance specifying key goals of the NAP with a view to fully integrating such goals into the operations of the Department of State in the United States and overseas, and shall ensure that such regulations and guidance call for compliance by all Department personnel and contractors. (2) United States Agency for International Development The Administrator shall prescribe regulations and issue guidance specifying key goals of the NAP with a view to fully integrating such goals into the operations of the United States Agency for International Development in the United States and overseas, and shall ensure that such regulations and guidance call for compliance by all Agency personnel and contractors. (e) Tenets The Secretary, the Administrator, the Secretary of Defense, the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention, the United States Permanent Representatives to the United Nations, the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, the United States Trade Representatives, and the heads of other appropriate Federal departments and agencies shall ensure, as appropriate, that the tenets of the NAP are incorporated into all programs administered by each department and agency specified in this subsection related to— (1) conflict prevention; (2) humanitarian and disaster response; (3) conflict mediation; (4) peacekeeping; (5) post-conflict reconstruction; (6) institution building; and (7) democracy promotion. 6. United States National Action Plan on Women, Peace, and Security (a) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary, the Administrator, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies shall, subject to subsection (b), develop or update and implement a NAP. The NAP shall be transmitted to the appropriate congressional committees and made publicly available. (b) Initial NAP For the purposes of this section, the United States National Action Plan on Women, Peace and Security , issued in December 2011, shall be deemed to fulfill the initial requirement of subsection (a). (c) Training (1) Foreign Service Act of 1980 Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection: (e) The Secretary, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel, including special envoys, members of mediation or negotiation teams, relevant members of the Civil Service or Foreign Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1) appropriate advanced training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2013); (2) training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons; and (3) training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation. . (2) Title 10, United States Code (A) In general Chapter 107 of title 10, United States Code, is amended by adding at the end the following new section: 2158. Training for ensuring women’s meaningful inclusion and participation The Secretary of Defense shall ensure that all appropriate personnel, including members of the Armed Forces, members of mediation or negotiation teams, relevant members of the Civil Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1) appropriate advanced training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2013); (2) training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons; and (3) training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation. . (B) Clerical amendment The table of sections at the beginning of chapter 107 of such title is amended by adding at the end the following new item: 2158. Training for ensuring women’s meaningful inclusion and participation. . (3) United Nations The Secretary is strongly encouraged to work with the United Nations and the international community to promote training that provides international peacekeeping personnel with substantive knowledge and skills needed to effectively ensure women’s meaningful inclusion and participation. 7. Monitoring and evaluation (a) In general The implementation of the NAP under section 6 shall include the establishment or improvement of monitoring and evaluation tools to ensure accountability and effectiveness of policies, programs, projects, and activities undertaken to support the objectives specified in such NAP. (b) Monitoring and evaluation plans The Secretary, the Administrator, the Secretary of Defense, and representatives of other Executive agencies, as appropriate, shall develop a plan for monitoring and independent evaluation of programs, projects, and activities carried out under this Act. Such plan shall— (1) apply rigorous monitoring and evaluation methodologies to focus on learning, accountability, and policymaking, choosing from among a wide variety of qualitative, quantitative, summative, and formative methods common in the field of social scientific inquiry, including impact evaluations; and (2) be included in the NAP under section 6. (c) Foreign assistance coordination, planning, data collection, and tracking systems The Secretary and the Administrator, in consultation with the Secretary of Defense, as appropriate, shall— (1) utilize appropriate foreign assistance coordination, planning, data collection, and tracking systems to— (A) analyze the impact of staff training, management systems, and organizational structures on program results; (B) improve collection of sex- and age-disaggregated data in conflict-affected areas; (C) ensure proper targeting of programs; and (D) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (2) develop programming in accordance with the NAP’s principles and is responsive to women’s needs and perspectives; (3) revise policies and programming as data is collected and analyzed to ensure improved outcomes for women and girls; (4) support budgeting, operational and programmatic planning, and performance management, related to women’s meaningful inclusion and participation; (5) post to the Foreign Assistance Dashboard up-to-date data on United States foreign assistance by account, bureau or office, as the case may be, and country where gender equality and women’s empowerment is a primary or secondary goal; and (6) develop or improve upon existing data collection mechanisms that— (A) track and report progress on the objectives specified in the NAP; (B) assess lessons learned; and (C) identify best practices. (d) Indicators The Secretary and the Administrator, in cooperation with the Secretary of Defense, as appropriate, shall identify common indicators to evaluate the impact of United States foreign assistance on women’s meaningful inclusion and participation and revise approaches to ensure improved outcomes. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives (a) In general The Secretary and the Administrator are strongly encouraged to work to facilitate women’s meaningful inclusion and participation in informal and formal peace negotiations, including, as appropriate by— (1) providing technical assistance, training, and logistical support to female negotiators, peace-builders, and stakeholders; (2) utilizing technology, such as cell phones or social media tools, that assist the work of organizers, negotiators, communicators, peace-builders, and other civil society actors; (3) addressing security-related barriers to women’s participation; (4) expanding and applying gender analysis to improve program design and targeting; and (5) supporting appropriate local organizations, especially women’s peace-building organizations. (b) Coordination The Secretary is encouraged to promote the meaningful inclusion and participation of women in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in circumstances in which direct engagement is not appropriate or advisable. (c) Assessments The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense, as appropriate, shall conduct assessments that include the perspective of women before implementing new projects or activities in support of assistance related to— (1) peace negotiations; (2) transitional justice and accountability processes; (3) efforts to combat violent extremism; and (4) security sector reform. (d) Government efforts (1) In general The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense and the heads of other relevant Federal agencies, as appropriate, shall encourage and facilitate the efforts of partner governments to improve women’s meaningful inclusion and participation in peace and security processes, conflict prevention, peace-building, transitional processes, and decisionmaking institutions in conflict-affected environments. (2) Government efforts The efforts of partner governments to be encouraged and facilitated under paragraph (1) include— (A) the recruitment and retention of women (including minorities) in leadership roles; (B) capacity building of legislative, judicial, defense, and law enforcement institutions to develop and implement policies which support women’s meaningful inclusion and participation; (C) increased women’s participation in programs funded by the United States Government that— (i) provide training to foreign nationals regarding law enforcement, the rule of law, and professional military education; and (ii) offer foreign nationals opportunities to participate in educational exchanges, conferences, and seminars; (D) training, education, and mobilization of men and boys as partners in support of women’s meaningful inclusion and participation; (E) development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; and (F) measures to ensure that relief and recovery planning and assistance are informed by effective consultation with women and girls. 9. Consultations with stakeholders (a) In general The Secretary and the Administrator shall establish guidelines for overseas United States personnel to consult with stakeholders regarding United States efforts to— (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring women’s meaningful inclusion and participation. (b) Frequency and scope Consultations under subsection (a) shall— (1) take place not less frequently than once every 180 days, as appropriate; and (2) include a range and representative sample of local stakeholders, including women, youth, ethnic and religious minorities, and other politically under-represented or marginalized populations. 10. Reports to Congress (a) Training briefing The Secretary, in conjunction with the Administrator and the Secretary of Defense, shall designate appropriate officials to brief the appropriate congressional committees, not later than one year after the date of the enactment of this Act, on— (1) the existing, enhanced, and newly established training carried out pursuant to section 6(c) and the amendments made by such section; and (2) the guidelines established for overseas United States diplomatic and consular personnel to engage in consultations with United States and international stakeholders pursuant to section 9. (b) Annual report on women, peace, and security Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary, in conjunction with the Administrator and the Secretary of Defense, shall submit to the appropriate congressional committees a report that— (1) outlines the monitoring and evaluation tools, mechanisms, and common indicators established under section 7 to assess progress made on the objectives of the NAP; (2) summarizes United States diplomatic efforts and foreign assistance programs, projects, and activities to promote women’s meaningful inclusion and participation; and (3) summarizes and evaluates the impact of the United States NAP initiatives.
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113-hr-2875
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I 113th CONGRESS 1st Session H. R. 2875 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Velázquez introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Financial Services 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 authorize programs and activities for the improvement and protection of ports and harbors, and for other purposes.
1. Short title This Act may be cited as the Waterfront of Tomorrow Act of 2013 . 2. Studies (a) Measures To improve flood protection and climate resilience for New York City (1) Study The Secretary of the Army shall conduct a study of measures to improve flood protection and climate resilience for New York City, using both traditional engineering and green infrastructure technologies. (2) Contents In conducting the study, the Secretary shall— (A) assess traditional engineering solutions, including tide gates and seawalls; (B) assess, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the use of alternative approaches, including oyster reef restoration, tidal wetland restoration and construction, and other natural designs that reduce storm surge impacts and retain storm water while providing additional environmental benefits; (C) identify the cost and time associated with implementing the measures described in subparagraphs (A) and (B), the potential impact of such measures on the surrounding environment, and any adverse impacts of such measures on local housing, commerce, or recreation; and (D) make a recommendation as to which of such measures would provide the greatest protection for New York City coastal communities and critical infrastructure from an event of a magnitude that is equal to or greater than Hurricane Sandy. (3) Coordination to prevent duplication of efforts The Secretary shall carry out the activities under this section in coordination with the study to be conducted by the Secretary under the heading Corps of Engineers—Civil—Investigations in title II of Public Law 113–2 (127 Stat. 5). (4) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. (5) Corps of Engineers The Secretary shall carry out this subsection acting through the Chief of Engineers. (b) Environmental impact of major disasters (1) Study The Administrator of the Environmental Protection Agency, in consultation with the Administrator of the Occupational Safety and Health Administration, shall conduct a study of the environmental impact of each major disaster that the Administrator determines will have a significant environmental impact on the waters of the United States. (2) Determinations In making determinations under paragraph (1), the Administrator of the Environmental Protection Agency shall ensure that the Administrator conducts studies under this subsection with respect to, at a minimum, 10 percent of the major disasters declared in a fiscal year. (3) Contents The Administrator shall conduct a study under this subsection with respect to a major disaster with the specific goal of determining— (A) whether industrial facilities discharged pollutants or other hazards into local waterways or the water supply during the major disaster; and (B) if so, how to avoid or minimize the risk of such pollution incidents in the future. (4) Report Not later than 180 days after the date of the declaration of a major disaster described in paragraph (1), the Administrator shall transmit to Congress a report on the results of the study conducted under this subsection with respect to the major disaster. (5) Major disaster defined In this subsection, the term major disaster has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). 3. National freight policy (a) Goals Section 167(b) of title 23, United States Code, is amended— (1) by striking and at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting a semicolon; (3) by striking the semicolon at the end of paragraph (7) and inserting ; and ; and (4) by adding at the end the following: (8) to ensure that the socioeconomic and environmental impacts of moving cargo through a community are fully accounted for in establishing the national freight network. . (b) Ports and harbors Section 167(c) of title 23, United States Code, is amended by adding at the end the following: (3) Ports and harbors The Secretary shall ensure that ports and harbors are incorporated into the national freight network. . 4. Next generation ports (a) Improvements to port infrastructure and intermodal rail and highway networks (1) Grants The Secretary of the Army is authorized to make grants to States and local governments for projects to improve port infrastructure and intermodal rail and highway networks. (2) Consideration of local preferences and environmental concerns In making grants to States and local governments under this subsection, the Secretary shall ensure that local preferences and environmental concerns are incorporated into any port infrastructure and intermodal transportation improvements, so that disruptions and adverse impacts are minimized. (b) Green ports (1) Designation The Administrator of the Maritime Administration, acting jointly with the Administrator of the Environmental Protection Agency, shall establish a green port designation for ports that meet certain environmental standards. (2) Grants and technical assistance The Administrator of the Maritime Administration is authorized to provide grants and technical assistance to a port designated as a green port pursuant to paragraph (1) to implement innovations that minimize the environmental impacts of port operations. 5. Waterfronts as main streets (a) Establishment of grant program The Secretary of Commerce, acting through the Administrator of the Economic Development Administration, shall carry out a grant program in accordance with the requirements of this section. (b) Award of grants In carrying out the program, the Secretary may make grants to States and local governments for projects to establish environmentally sustainable waterfront areas. (c) Applications A State or local government seeking a grant under the program shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (d) Criteria (1) In general The Secretary shall establish criteria for awarding grants for projects under the program. (2) Priority The criteria shall include an assessment of whether the applicant is able to demonstrate the potential of a project— (A) to generate economic growth and job creation; or (B) to improve the environmental sustainability of waterfront areas. (e) Maximum grant amount The Secretary may not make grants under this section to a State or local government in an amount that exceeds $10,000,000 in the aggregate. (f) Reporting requirement As a condition for receiving a grant under the program, a State or local government shall agree to submit to the Secretary an annual report on the achievement of performance measures, including the criteria described in subsection (d)(2), by the State or local government for a period of 3 years after the grant is awarded. (g) Federal share The Federal share of the cost of a project carried out with funds from a grant under the program may not exceed 75 percent.
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113-hr-2876
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I 113th CONGRESS 1st Session H. R. 2876 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Flores (for himself, Mr. Benishek , Mr. Cook , Mr. Gohmert , Mr. Roe of Tennessee , Mr. Fleming , and Mr. Coffman ) 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 veterans with a 1-year exemption from the requirement to maintain minimum essential coverage under the Patient Protection and Affordable Care Act.
1. Short title This Act may be cited as the Fairness for America’s Heroes Act of 2013 . 2. 1-year exemption for veterans from individual mandate under Patient Protection and Affordable Care Act (a) In general Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Veterans Any applicable individual for any month beginning before January 1, 2015, if the individual is a veteran. For purposes of this paragraph, the term veteran means an individual who served on active duty (other than active duty for training) in the Armed Forces of the United States and has been discharged or released from active duty in the Armed Forces of the United States under conditions other than dishonorable. . (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.
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113-hr-2877
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I 113th CONGRESS 1st Session H. R. 2877 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Flores (for himself, Mr. Gene Green of Texas , Mr. Marino , Mr. Cuellar , Mr. Olson , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent certain discriminatory taxation of natural gas pipeline property.
1. Limitation on discriminatory taxation of natural gas pipeline property (a) Definitions For purposes of section: (1) Assessment The term assessment means valuation for a property tax levied by a taxing authority. (2) Assessment jurisdiction The term assessment jurisdiction means a geographical area used in determining the assessed value of property for ad valorem taxation. (3) Commercial and industrial property The term commercial and industrial property means property (excluding natural gas pipeline property, public utility property, and land used primarily for agricultural purposes or timber growth) devoted to commercial or industrial use and subject to a property tax levy. (4) Natural gas pipeline property The term natural gas pipeline property means all property, real, personal, and intangible, owned or used by a natural gas pipeline providing transportation or storage of natural gas, subject to the jurisdiction of the Federal Energy Regulatory Commission. (5) Public utility property The term public utility property means property (excluding natural gas pipeline property) that is devoted to public service and is owned or used by any entity that performs a public service and is regulated by any governmental agency. (b) Discriminatory Acts The acts specified in this subsection unreasonably burden and discriminate against interstate commerce. A State, subdivision of a State, authority acting for a State or subdivision of a State, or any other taxing authority (including a taxing jurisdiction and a taxing district) may not do any of the following such acts: (1) Assess natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property. (2) Levy or collect a tax on an assessment that may not be made under paragraph (1). (3) Levy or collect an ad valorem property tax on natural gas pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4) Impose any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. 2. Jurisdiction of courts; relief (a) Grant of Jurisdiction Notwithstanding section 1341 of title 28, United States Code, and notions of comity, and without regard to the amount in controversy or citizenship of the parties, the district courts of the United States shall have jurisdiction, concurrent with other jurisdiction of the courts of the United States, of States, and of all other taxing authorities and taxing jurisdictions, to prevent a violation of section 1. (b) Relief Except as otherwise provided in this subsection, relief may be granted under this Act only if the ratio of assessed value to true market value of natural gas pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), each of the following shall be a violation of section 1 for which relief under this Act may be granted: (1) An assessment of the natural gas pipeline property at a value that has a higher ratio of assessed value to the true market value of the natural gas pipeline property than the ratio of the assessed value of all other property (excluding public utility property) subject to a property tax levy in the assessment jurisdiction has to the true market value of all other property (excluding public utility property). (2) The collection of an ad valorem property tax on the natural gas pipeline property at a tax rate that exceeds the tax rate applicable to all other taxable property (excluding public utility property) in the taxing jurisdiction.
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113-hr-2878
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I 113th CONGRESS 1st Session H. R. 2878 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Price of North Carolina (for himself, Ms. Brown of Florida , Mr. Butterfield , Mr. Conyers , Mr. Grijalva , Mr. McIntyre , Ms. Bordallo , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to provide grants for innovative teacher retention programs.
1. Short title This Act may be cited as the Keep Teachers Teaching Act of 2013 . 2. Findings The Congress makes the following findings: (1) The United States faces an increasing need for high-quality educators. (2) Approximately one-third of teachers leave the profession within 3 years of being hired because of poor working conditions, low pay, low morale, or lack of a pathway for professional advancement. In some schools, the five-year attrition rate reaches 50 percent. (3) Effective teacher retention programs to address this problem are already at work in local educational agencies around the country, and many more innovative programs could be advanced if additional resources were available. (4) Efforts to address the teacher shortage demands a national strategy to support the development and implementation of innovative teacher retention programs. (5) The Department of Education can play an important role in facilitating the identification of the most promising teacher retention approaches and disseminating information about them to State educational agencies and local educational agencies. 3. Grants for innovative teacher retention programs Section 2151 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6651 ) is amended by adding at the end the following: (g) Teacher retention activities (1) In general The Secretary shall establish and carry out a teacher retention program to— (A) assist State educational agencies and local educational agencies in developing and implementing innovative teacher retention programs, and support the development of model programs and best practices in retaining quality teachers in the classroom; and (B) facilitate the dissemination of innovative teacher retention programs to State educational agencies and local educational agencies. (2) Grants The Secretary shall carry out paragraph (1)(A) by making grants to eligible entities to develop and implement innovative teacher retention programs, including activities such as— (A) professional development programs; (B) teacher mentoring programs; (C) advanced certification or advanced credentialing; (D) research, travel, or fellowship opportunities; and (E) pairing of teachers with professionals in research or industry. (3) Eligible entities In this subsection, the term eligible entity includes— (A) local educational agencies; (B) State educational agencies; and (C) partnerships of local educational agencies, nonprofit organizations, and institutions of higher education. (4) Grant terms Grants under this subsection shall be awarded for periods of not more than 5 years and on a competitive basis. Grants awarded under this subsection may be renewed. (5) Secretary’s duty to identify most promising teacher retention approaches In carrying out paragraph (1)(B), the Secretary shall— (A) identify the most promising teacher retention approaches, including the approaches already working and the approaches developed through grants funded under this subsection, and make information about such approaches publicly available and easily accessible to State educational agencies and local educational agencies; and (B) not later than 9 months after the date of the enactment of this subsection, and annually thereafter, transmit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that describes— (i) the methodology by which the most promising teacher retention programs are identified under subparagraph (A); and (ii) the Secretary’s efforts to disseminate information regarding such programs to State educational agencies and local educational agencies. .
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113-hr-2879
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I 113th CONGRESS 1st Session H. R. 2879 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Jenkins (for herself, Mr. Meadows , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide limitations on bonuses for Federal employees during sequestration, to provide for investigative leave requirements for members of the Senior Executive Service, to establish certain procedures for conducting in-person or telephonic interactions by Executive branch employees with individuals, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Stop Government Abuse Act . (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Title I—Common Sense in Compensation Sec. 101. Definitions. Sec. 102. Limitations. Sec. 103. Regulations. Title II—Government Employee Accountability Sec. 201. Suspension for 14 days or less for Senior Executive Service employees. Sec. 202. Investigative leave and termination authority for Senior Executive Service employees. Sec. 203. Suspension of Senior Executive Service employees. Sec. 204. Misappropriation of funds amendments. Title III—Citizen Empowerment Sec. 301. Amendments. I Common Sense in Compensation 101. Definitions For purposes of this title— (1) the term employee means an employee (as defined by section 2105(a) of title 5, United States Code) holding a position in or under an Executive agency; (2) the term Executive agency has the meaning given such term by section 105 of title 5, United States Code; (3) the term discretionary monetary payment means— (A) any award or other monetary payment under chapter 45, or section 5753 or 5754, of title 5, United States Code; and (B) any step-increase under section 5336 of title 5, United States Code; (4) the term covered compensation , as used with respect to an employee in connection with any period, means the sum of— (A) the basic pay, and (B) any discretionary monetary payments (excluding basic pay), payable to such employee during such period; (5) the term basic pay means basic pay for service as an employee; and (6) the term sequestration period means a period beginning on the first day of a fiscal year in which a sequestration order with respect to discretionary spending or direct spending is issued under section 251A or section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 and ending on the last day of the fiscal year to which the sequestration order applies. 102. Limitations (a) In general Notwithstanding any other provision of law— (1) no discretionary monetary payment may be made to an employee during any sequestration period to the extent that such payment would cause in a fiscal year the total covered compensation of such employee for such fiscal year to exceed 105 percent of the total amount of basic pay payable to such individual (before the application of any step-increase in such fiscal year under section 5336 of title 5, United States Code) for such fiscal year; and (2) except as provided in subsection (b), during any sequestration period, an agency may not pay a performance award under section 5384 of title 5, United States Code, to the extent that such payment would cause the number of employees in the agency receiving such award during such period to exceed 33 percent of the total number of employees in the agency eligible to receive such award during such period. (b) Waivers For the purposes of any sequestration period— (1) the head of any agency may, subject to approval by the Director of the Office of Personnel Management, waive the requirements of subsection (a)(2); and (2) the head of any agency may waive the requirements of subsection (a)(1) with respect to any employee if the requirements of such subsection would violate the terms of a collective bargaining agreement covering such employee, except that this paragraph shall not apply to any employee covered by a collective bargaining agreement that is renewed on or after the date of enactment of this title. (c) Notification In the case of an agency for which the Director of the Office of Personnel Management grants a waiver under subsection (b)(1), the agency shall notify the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of the percentage of career appointees receiving performance awards under section 5384 of title 5, United States Code, and the dollar amount of each performance award. (d) Application This section shall apply to any discretionary monetary payment or performance award under section 5384 of title 5, United States Code, made on or after the date of enactment of this title. 103. Regulations The Office of Personnel Management may prescribe regulations to carry out this title. II Government Employee Accountability 201. Suspension for 14 days or less for Senior Executive Service employees Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: (1) employee means— (A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or (B) a career appointee in the Senior Executive Service who— (i) has completed the probationary period prescribed under section 3393(d); or (ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; . 202. Investigative leave and termination authority for Senior Executive Service employees (a) In general Chapter 75 of title 5, United States Code, is amended by adding at the end the following: VI Investigative leave for Senior Executive Service employees 7551. Definitions For the purposes of this subchapter— (1) employee has the meaning given such term in section 7541; and (2) investigative leave means a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. 7552. Actions covered This subchapter applies to investigative leave. 7553. Cause and procedure (a) (1) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds. (2) If an agency determines, as prescribed in regulation by the Office of Personnel Management, that such employee’s conduct is flagrant and that such employee intentionally engaged in such conduct, the agency may place such employee on investigative leave under this subchapter without pay. (b) (1) At the end of each 45-day period during a period of investigative leave implemented under this section, the relevant agency shall review the investigation into the employee with respect to the misconduct, neglect of duty, malfeasance, or misappropriation of funds. (2) Not later than 5 business days after the end of each such 45-day period, the agency shall submit a report describing such review to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) At the end of a period of investigative leave implemented under this section, the agency shall— (A) remove an employee placed on investigative leave under this section; (B) suspend such employee without pay; or (C) reinstate or restore such employee to duty. (4) The agency may extend the period of investigative leave with respect to an action under this subchapter for an additional period not to exceed 90 days. (c) An employee against whom an action covered by this subchapter is proposed is entitled to, before being placed on investigative leave under this section— (1) at least 30 days’ advance written notice, stating specific reasons for the proposed action, unless— (A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or (B) the agency determines, as prescribed in regulation by the Office of Personnel Management, that the employee’s conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision and specific reasons therefor at the earliest practicable date. (d) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (c)(2). (e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. (f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request. VII Removal of Senior Executive Service employees 7561. Definition For purposes of this subchapter, the term employee has the meaning given such term in section 7541. 7562. Removal of Senior Executive Service employees (a) Notwithstanding any other provision of law and consistent with the requirements of subsection (b), the head of an agency may remove an employee for serious neglect of duty, misappropriation of funds, or malfeasance if the head of the agency— (1) determines that the employee knowingly acted in a manner that endangers the interest of the agency mission; (2) considers the removal to be necessary or advisable in the interests of the United States; and (3) determines that the procedures prescribed in other provisions of law that authorize the removal of such employee cannot be invoked in a manner that the head of an agency considers consistent with the efficiency of the Government. (b) An employee may not be removed under this section— (1) on any basis that would be prohibited under— (A) any provision of law referred to in section 2302(b)(1); or (B) paragraphs (8) or (9) of section 2302(b); or (2) on any basis, described in paragraph (1), as to which any administrative or judicial proceeding— (A) has been commenced by or on behalf of such employee; and (B) is pending. (c) An employee removed under this section shall be notified of the reasons for such removal. Within 30 days after the notification, the employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why the employee should be restored to duty. If such statements and affidavits are submitted, the head of the agency shall provide a written response, and may restore the employee’s employment if the head of the agency chooses. (d) Whenever the head of the agency removes an employee under the authority of this section, the head of the agency shall notify Congress of such termination, and the specific reasons for the action. (e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. (f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request. (g) A removal under this section does not affect the right of the employee affected to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. (h) The authority of the head of the agency under this section may not be delegated. . (b) Clerical amendment The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding after the item relating to section 7543 the following: Subchapter VI—Investigative leave for Senior Executive Service employees 7551. Definitions. 7552. Actions covered. 7553. Cause and procedure. Subchapter VII—Removal of Senior Executive Service employees 7561. Definition. 7562. Removal of Senior Executive Service employees. . 203. Suspension of Senior Executive Service employees Section 7543 of title 5, United States Code, is amended— (1) in subsection (a), by inserting misappropriation of funds, after malfeasance, ; and (2) in subsection (b), by amending paragraph (1) to read as follows: (1) at least 30 days’ advance written notice, stating specific reasons for the proposed action, unless— (A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or (B) the agency determines, as prescribed in regulation by the Office of Personnel Management, that the employee’s conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct; . 204. Misappropriation of funds amendments (a) Reinstatement in the Senior Executive Service Section 3593 of title 5, United States Code, is amended— (1) in subsection (a)(2), by inserting misappropriation of funds, after malfeasance, ; and (2) in subsection (b), by striking or malfeasance and inserting malfeasance, or misappropriation of funds . (b) Placement in other personnel systems Section 3594(a) of title 5, United States Code, is amended by striking or malfeasance and inserting malfeasance, or misappropriation of funds . III Citizen Empowerment 301. Amendments (a) In general Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: 79A Services to members of the public Sec. 7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees. 7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees (a) Purpose The purpose of this section is to ensure that individuals have the right to record in-person and telephonic interactions with Executive agency employees and to ensure that individuals who are the target of enforcement actions conducted by Executive agency employees are notified of such right. (b) Definitions For purposes of this section— (1) the term telephonic means by telephone or other similar electronic device; and (2) the term employee means an employee of an Executive agency. (c) Consent of Executive agency employees Participation by an employee, acting in an official capacity, in an in-person or telephonic interaction shall constitute consent by the employee to a recording of that interaction by any participant in the interaction. (d) Notice of rights when Federal employees engaged in certain actions A notice of an individual’s right to record conversations with employees shall be included in any written material provided by an Executive agency to the individual concerning an audit, investigation, inspection, or enforcement action that could result in the imposition of a fine, forfeiture of property, civil monetary penalty, or criminal penalty against, or the collection of an unpaid tax, fine, or penalty from, such individual or a business owned or operated by such individual. (e) Official representative Any person who is permitted to represent before an Executive agency an individual under this section shall receive the same notice as required under subsection (d) with respect to such individual. (f) No cause of action This section does not create any express or implied private right of action. (g) Disciplinary action An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law. (h) Public information concerning right To record (1) Posting on agency Web sites Within 180 days after the date of the enactment of this section, each Executive agency shall post prominently on its Web site information explaining the right of individuals to record interactions with employees. (2) OMB guidance Within 90 days after the date of the enactment of this section, the Office of Management and Budget shall issue guidance to Executive agencies concerning implementation of paragraph (1). . (b) Clerical Amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 79 the following: 79A. Services to members of the public 7921 .
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113-hr-2880
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I 113th CONGRESS 1st Session H. R. 2880 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Kind introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Education to use the excess revenue generated from the William D. Ford Federal Direct Loan Program to carry out the Federal Pell Grant Program.
1. Applying excess revenue to Federal Pell Grants The Secretary of Education shall— (1) as soon as practicable after the end of a fiscal year, determine whether during such fiscal year the William D. Ford Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) generated any revenue in excess of the amount that was necessary to cover the costs of carrying out such Program for such fiscal year; and (2) if such excess revenue was generated, use such excess revenue to carry out the Federal Pell Grant Program under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) for the succeeding fiscal year.
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113-hr-2881
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I 113th CONGRESS 1st Session H. R. 2881 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Butterfield (for himself, Mr. Price of North Carolina , Ms. Lee of California , Mrs. Beatty , Ms. Kelly of Illinois , Ms. Jackson Lee , Mr. McIntyre , Mr. Bishop of Georgia , Mr. Jeffries , Mr. Payne , Ms. Bass , Mr. Carson of Indiana , Ms. Clarke , Mr. Richmond , Mr. Lewis , Ms. Kaptur , Mr. Cleaver , Mr. Scott of Virginia , Ms. Brown of Florida , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to increase the amount of loan forgiveness available to highly qualified teachers employed in low-income schools who teach in the same school district for five consecutive years.
1. Short title This Act may be cited as the Support Educators and Reinvest in Valuable Education Act or SERVE Act . 2. Additional loan forgiveness for highly qualified teachers employed in a low-income school in the same local educational agency for 5 consecutive years (a) Federal Family Education Loan Program Section 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended by adding at the end the following new paragraph: (4) Additional amounts for teachers employed by the same local educational agency for 5 consecutive complete school years (A) Amounts Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of an elementary or secondary school teacher— (i) who meets the requirements of subsection (b); and (ii) who has been employed as a full-time teacher for 5 consecutive complete school years at the same local educational agency. (B) Inclusion of PLUS loans A loan made under section 428B (other than an excepted PLUS loan) shall be considered a qualified loan amount for purposes of this paragraph. (C) Treatment of consolidation loans Notwithstanding paragraph (2), a loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this paragraph only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan (other than an excepted PLUS loan), or a loan made under section 428, 428B (other than an excepted PLUS loan), or 428H for a borrower who meets the requirements of subparagraph (A), as determined in accordance with regulations prescribed by the Secretary. (D) Excepted PLUS loan In this paragraph, the term excepted PLUS loan has the meaning given the term in section 493C(a). . (b) William D. Ford Federal Direct Loan Program Section 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended by adding at the end the following new paragraph: (4) Additional amounts for teachers employed by the same local educational agency for 5 consecutive complete school years (A) Amounts Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of an elementary or secondary school teacher— (i) who meets the requirements of subsection (b); and (ii) who has been employed as a full-time teacher for 5 consecutive complete school years at the same local educational agency. (B) Inclusion of PLUS loans A Federal Direct PLUS Loan (other than an excepted PLUS loan) shall be considered a qualified loan amount for purposes of this paragraph. (C) Treatment of consolidation loans Notwithstanding paragraph (2), a loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this paragraph only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan (other than an excepted PLUS loan), or a loan made under section 428, 428B (other than an excepted PLUS loan), or 428H for a borrower who meets the requirements of subparagraph (A), as determined in accordance with regulations prescribed by the Secretary. (D) Excepted PLUS loan In this paragraph, the term excepted PLUS loan has the meaning given the term in section 493C(a). .
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113-hr-2882
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I 113th CONGRESS 1st Session H. R. 2882 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Coffman (for himself, Mr. Graves of Missouri , Mr. Miller of Florida , Mr. Flores , Mr. Hanna , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Small Business Act and title 38, United States Code to provide for a consolidated definition of a small business concern owned and controlled by veterans, and for other purposes.
1. Short title This Act may be cited as the Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2013 . 2. Small Business defintion of small business concern consolidated Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended— (1) in paragraph (2), to read as follows: (2) Small business concern owned and controlled by service-disabled veterans The term small business concern owned and controlled by service-disabled veterans means a small business concern— (A) (i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or (B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans. ; and (2) by adding at the end the following: (6) Treatment of Businesses After Death of Veteran-Owner (A) In general Subject to subparagraph (C), if the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service-disabled veterans. (B) Period described The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates: (i) The date on which the surviving spouse remarries. (ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern. (iii) The date that is ten years after the date of the veteran’s death. (C) Application to surviving spouse Subparagraph (A) only applies to a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability. . 3. Veterans Affairs Definition of small business concern consolidated Section 8127 of title 38, United States Code, is amended— (1) by striking subsection (h); and (2) in subsection (l)(2), by striking means and all that follows through the period at the end and inserting the following: has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q)). . 4. SBA to assume control of verification of ownership and control status of applicants for inclusion in the database of small businesses owned and controlled by service disabled veterans and veterans The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: 47. Vets First program Not later than 180 days after the effective date of this section, the Administrator shall enter into a memorandum of understanding with the Secretary of Veterans Affairs that transfer control and administration of the program under subsections (e) through (g) of section 8127 of title 38, United States Code, to the Administrator, consistent with the following: (1) Not later than 270 days after completing the memorandum of understanding, the Administrator shall make rules to carry out the memorandum. If the Administrator does not make such rules by such date, the Administrator may not exercise the authority under section 7(a)(25)(A) until such time as those rules are made. (2) The Administrator shall assume authority and responsibility for maintenance and operation of the database and for verifications under the program. (3) Any appeal by a small business concern, at the time that verification is denied or a contract is awarded, of any determination under the program shall be heard by the Office of Hearings and Appeals of the Small Business Administration. (4) The Secretary shall, for a period of 6 years commencing on a date agreed to in the completed memorandum, reimburse to the Administrator of the Small Business Administration any costs incurred by the Administrator for actions undertaken pursuant to the memorandum from fees collected by the Secretary of Veteran Affairs under multiple-award schedule contracts. Any disputes between the Secretary and the Administrator shall be resolved by the Director of the Office of Management and Budget . 5. Memorandum of Understanding Section 8127(f) of title 38, United States Code, is amended by adding at the end the following: (7) Not later than 180 days after the effective date of this paragraph, the Secretary shall enter into a memorandum of understanding with the Administrator of the Small Business Administration consistent with section 47 of the Small Business Act. .
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113-hr-2883
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I 113th CONGRESS 1st Session H. R. 2883 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Cooper (for himself and Mr. Ryan of Wisconsin ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To provide, for purposes of mitigating the effects of a sequestration, the Secretary of Defense transfer authority with respect to amounts made available to the Department of Defense in fiscal years 2014 through 2021, and for other purposes.
1. Short title This Act may be cited as the Defense Flexibility Act . 2. Flexibility for Department of Defense budget cuts due to sequestration (a) Findings Congress finds the following: (1) Former Secretary of Defense Leon Panetta has stated that the budget cuts to the Department of Defense due to sequestration would deeply damage the Nation’s national security. (2) General William Shelton, Commander, Air Force Space Command, has testified that the budget cuts to the Department of Defense due to sequestration have created chaos and the chaos created cannot be overstated . (3) Martin Dempsey, Chairman of the Joint Chiefs of Staff, testified about sequestration and noted, Sequestration leaves me three places to go to find the additional money: operations, maintenance, and training. That’s the definition of a hollow force. . (4) Regarding the impact of sequestration, the Nation’s military leaders have said it will cause severe and irreversible impact , crisis response will be significantly degraded , and cuts of this magnitude would be catastrophic to the military . (5) The Nation’s military leaders have written to the Committee on Armed Services of the House of Representatives saying the readiness of the Armed Forces is at a tipping point, a hollow force is about to be created, and they are requesting flexibility to properly shape the best military force in the world . (6) The Nation’s defense leaders need flexibility to manage these budget cuts so the national security is not compromised and their warnings about unacceptable risk, hollow force, chaos, and loss of faith may be averted. (b) Transfer authority In addition to any transfer authority otherwise available, and subject to subsections (c) and (d), of the amounts appropriated to the Department of Defense in any of fiscal years 2014 through 2021, the Secretary of Defense may transfer any appropriation subject in such a fiscal year to reduction under a sequestration order issued pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 between such appropriations, to address an urgent national priority or the consequences of a national emergency resulting from such sequestration, as determined by the Secretary of Defense. (c) Limitation The amount transferred to an appropriation under subsection (b) shall not exceed the amount by which such appropriation is reduced under the sequestration order referred to in such subsection. (d) Requirement To merge with recipient appropriation Amounts transferred under subsection (b) shall be merged with the appropriation or fund to which transferred. (e) Congressional notification required Amounts transferred under subsection (b) shall not be available for obligation unless the Secretary of Defense notifies the Committees on Armed Services of the House of Representatives and the Senate at least 30 days in advance of such transfer.
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113-hr-2884
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I 113th CONGRESS 1st Session H. R. 2884 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Cummings introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs.
1. Short title This Act may be cited as the Witness Security and Protection Grant Program Act of 2013 . 2. Witness protection grant program (a) Definitions In this section— (1) the term applicant means a State, tribal, or local government that applies for a grant under this section; and (2) the terms serious drug offense and serious violent felony have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants required Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving— (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical assistance From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best practices (1) Report A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of Best Practices Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing— (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to States Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of Congress It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal share (1) In general The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions (A) In general Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative costs Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic distribution In making grants under this section, the Attorney General shall— (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress The Attorney General shall submit a report to Congress— (1) not later than December 31, 2014, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than December 31, 2019, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2018.
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113-hr-2885
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I 113th CONGRESS 1st Session H. R. 2885 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Fleischmann 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 temporarily exclude capital gain from gross income.
1. Short title This Act may be cited as the Growing Jobs Through Capital Act of 2013 . 2. Two-year capital gains tax relief (a) In general Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: 1203. Two-year exclusion of gain from sale of capital assets (a) In general Gross income shall not include gain from the sale or exchange of an asset which is a capital asset in the hands of the taxpayer. (b) Termination Subsection (a) shall not apply to any sale or exchange later than 2 years after the date of the enactment of this section. . (b) Clerical amendment Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 1203. Two-year exclusion of gain from sale of capital assets. . (c) Effective date The amendments made by this section shall apply to sales or exchanges after the date of the enactment of this Act, in taxable years ending after such date.
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113-hr-2886
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I 113th CONGRESS 1st Session H. R. 2886 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Hunter (for himself and Mr. Culberson ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require agency notice and receipt of public comment before using any estimate for the social cost of carbon, to require reports on the results of and methods used to calculate any cost-benefit or regulatory impact analysis, and for other purposes.
1. Short title This Act may be cited as the Social Cost of Carbon Transparency Enhancement Act of 2013 . 2. Notice and receipt of public comment for social cost of carbon The head of an agency may not use an estimate for the social cost of carbon until completion of notice and receipt of public comment with regard to such estimate. 3. Cost-benefit and regulatory impact report requirement (a) In general As soon as practicable after the completion by an agency of any cost-benefit or regulatory impact analysis used to promulgate rules or guidelines or to determine administrative actions, the head of the agency, in consultation with the Director of the Office of Management and Budget— (1) shall submit to the relevant committees of the House of Representatives and the Senate a report on the result of and methods (including any key method) used to calculate the cost-benefit or regulatory impact analysis; and (2) shall publish such report in the Federal Register. (b) Interim period (1) In general Any cost-benefit or regulatory impact analysis that is the subject of a report submitted pursuant to subsection (a) may not be finalized during the 60-day period starting on the date of submission of the report. (2) Waiver authority The head of the agency concerned may waive the 60-day period described in paragraph (1) in an emergency situation or if required by law to act more quickly. (c) Valuation of Benefits During the 60-day period described in subsection (b)(1), the head of each agency shall evaluate the potential benefits of each cost-benefit or regulatory impact analysis through the following: (1) Providing an opportunity for public comment on the results of the cost-benefit or regulatory impact analysis. (2) Consideration of public comments. (3) Publishing a summary of the public comments received and the agency responses to such comments in the Federal Register. 4. Definitions In this Act: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code, except that the term does not include an independent regulatory agency as defined by section 3502(5) of title 44, United States Code. (2) Key method The term key method includes any method that determines the social cost of carbon.
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113-hr-2887
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I 113th CONGRESS 1st Session H. R. 2887 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Israel (for himself, Mr. Engel , Ms. Meng , Mr. Sires , Mr. Crowley , Mr. King of New York , Mr. Nadler , Mr. Pallone , Mrs. McCarthy of New York , Mr. Jeffries , Mrs. Carolyn B. Maloney of New York , Ms. Clarke , and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide assistance for condominiums and housing cooperatives damaged by a major disaster, and for other purposes.
1. Definitions Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) is amended by adding at the end the following: (11) Condominium The term condominium means a multi-unit housing project in which each dwelling unit is separately owned, and the remaining portions of the real estate are designated for common ownership solely by the owners of those units, each owner having an undivided interest in the common elements, and which is represented by a condominium association consisting exclusively of all the unit owners in the project, which is, or will be responsible for the operation, administration, and management of the project. (12) Housing cooperative The term housing cooperative means a multi-unit housing project in which each dwelling unit is subject to separate use and possession by one or more cooperative members whose interest in such unit, and in any undivided assets of the cooperative association that are appurtenant to such unit, is evidenced by a membership or share interest in a cooperative association and a lease or other document of title or possession granted by such cooperative as the owner of all cooperative property. . 2. Condominiums and housing cooperatives damaged by a major disaster (a) Individuals and Households Program Section 408(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(b)(1) ) is amended— (1) by striking The President and inserting the following: (A) In general The President ; and (2) by adding at the end the following: (B) Condominiums and housing cooperatives For purposes of providing financial assistance under subsections (c)(2) and (c)(3) with respect to residential elements that are the legal responsibility of an association for a condominium or housing cooperative, the terms individual and household include the association for the condominium or housing cooperative. . (b) Maximum amount of assistance Section 408(h) of such Act ( 42 U.S.C. 5174(h) ) is amended by adding at the end the following: (3) Special rule for condominiums and housing cooperatives (A) In general In lieu of the limit established under paragraph (1), the maximum amount of assistance that an association for a condominium or housing cooperative may receive under this section with respect to a single disaster shall be an amount to be determined by the President by regulation. (B) Adjustment of limit The amount determined by the President under subparagraph (A) shall be adjusted annually in accordance with paragraph (2). . (c) Applicability The amendments made by this section shall apply to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2887ih/xml/BILLS-113hr2887ih.xml
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113-hr-2888
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I 113th CONGRESS 1st Session H. R. 2888 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Conyers , Mr. Crowley , Mr. Farr , Mr. Grijalva , Mr. Johnson of Georgia , Ms. Lofgren , Ms. McCollum , Mr. McDermott , Ms. Moore , Mr. Moran , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize assistance to aid in the prevention and treatment of obstetric fistula in foreign countries, and for other purposes.
1. Short title This Act may be cited as the Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2013 . 2. Findings Congress finds the following: (1) Every minute, one woman dies from pregnancy-related complications. Of these deaths, 99 percent occur in developing countries. Over half of these deaths are in sub-Saharan Africa and one third are in South Asia. (2) For every woman who dies from pregnancy-related complications, an estimated 20 women survive but experience pregnancy-related disabilities. One of the most severe is obstetric fistula, which occurs when a woman who needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina (or both), after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal walls, destroying the tissue that then sloughs off, resulting in the abnormal opening. (4) In the majority of obstetric fistula cases, the baby will be stillborn and the mother will experience physical pain as well as social and emotional trauma from living with incontinence, as well as the loss of her child. (5) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (6) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula, and 50,000 to 100,000 new cases each year. (7) According to the Department of State, The combination of pregnancy at an early age, chronic maternal malnutrition, and a lack of skilled care at delivery can all contribute to the development of obstetric fistula and permanent incontinence. . (8) Obstetric fistula was once common throughout the world, but over the last century was eliminated in Europe, North America, and other developed regions through improved access to medical interventions, particularly emergency obstetric care for those women who need it. The first fistula hospital in the world stood where the Waldorf-Astoria Hotel is now located in New York City. (9) The social consequences for women living with obstetric fistula include isolation, divorce or abandonment, ridicule and shame, loss of social belonging and association, illness and malnutrition, risk of violence, and lack of economic opportunities. Girls with obstetric fistula are also often unable to continue schooling. Victims suffer psychological consequences, such as feelings of hopelessness, self-hatred, sadness, depression, and suicide, because of stigma and lack of awareness that their condition is treatable. Fistula victims need regular medical attention and an extra supply of soap to keep clean, placing a huge financial burden on already poor families. They also lose property when they are divorced or abandoned by their husbands and family. Some lose jobs or are denied work, while others quit their jobs out of shame, leading to deepened poverty and vulnerability to repeat fistulas. (10) Obstetric fistula is preventable through medical interventions, such as skilled attendance, including midwives, present during labor and childbirth, providing access to family planning, and emergency obstetric care for women who develop childbirth complications, as well as social interventions such as delaying early marriage and educating and empowering young women. (11) Obstetric fistula can also be surgically treated. Surgery requires a specially trained surgeon and support staff, and access to an operating theater and to attentive postoperative care. When performed by a skilled surgeon, success rates can be as high as 90 percent and cost an estimated $300. (12) According to the Department of State, Because of their roles in child rearing, providing and seeking care, and managing water and nutrition, the ability of women to access health-related knowledge and services is fundamental to the health of their babies, older children and other family members. Over the long-term, the health of women enhances their productivity and social and economic participation and also acts as a positive multiplier, benefitting social and economic development through the health of future generations. . (13) In 2002, the United Nations Population Fund (UNFPA) and EngenderHealth embarked on the first ever assessments in nine African countries to determine the need for and access to services to address obstetric fistula. In 2003, UNFPA and partners launched a global campaign to identify and address obstetric fistula in an effort to develop a means to treat those women who are suffering and provide the necessary health services to prevent further cases. The campaign is currently active in more than 45 countries in Africa, Asia, and the Arab states region through support for fistula surgery, training of doctors and nurses, equipping hospitals, and undertaking community outreach to prevent further cases, and supporting provision of rehabilitative care for women after treatment so they can return to full and productive lives. (14) The Global Campaign to End Fistula works with national counterparts, including ministries of health, other pertinent ministries, United Nations agencies, international and national nongovernmental organizations, civil society organizations, and fistula providers, in support of national processes and fistula programmatic efforts. A key focus is national fistula capacity strengthening. (15) In 2004, the United States Agency for International Development (USAID) provided funding through the ACQUIRE Project managed by EngenderHealth to support services in two countries: Bangladesh and Uganda. In 2007, USAID provided a five-year cooperative agreement to EngenderHealth for the Fistula Care project. USAID currently supports fistula treatment services in 34 sites in 11 countries and addresses prevention in those sites and 25 more. The ceiling for the Fistula Care project is $70,000,000. (16) One of the key global health principles of the United States Global Health Initiative is to strengthen and leverage key multilateral organizations, global health partnerships, and private sector engagement. The United States has committed to join multilateral efforts involving the United Nations and others to make progress toward achieving Millennium Development Goals 4, 5, and 6. (17) By 2014, the United States, through its Global Health Initiative, has committed to several targets that will reduce the incidence of fistula, including through efforts to reduce maternal mortality by 30 percent, prevent 54,000,000 unintended pregnancies by reaching a modern contraceptive prevalence rate of 35 percent, and reducing to 20 percent the number of first births by women under 18 across assisted countries. 3. Prevention and treatment of obstetric fistula (a) Authorization The President is authorized, in accordance with this section and section 4, to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to— (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. (b) Activities Assistance provided pursuant to subsection (a) shall focus on— (1) increasing prevention through access to sexual and reproductive health services, including skilled attendance at birth, comprehensive emergency obstetric care, prenatal and antenatal care, contraception (family planning), and supporting comprehensive sexuality education; (2) building local capacity and improving national health systems to prevent and treat obstetric fistula within the context of navigating pregnancy in good health overall; (3) supporting tools to enable countries to address obstetric fistula, including supporting qualitative research and data collection on the incidence and prevalence of obstetric fistula, development of sustainable financing mechanisms to encourage facility deliveries and provide fistula survivors access to free or affordable treatment, training of midwives and skilled birth attendants, promoting south-to-south training, and provision of basic obstetric care at the community level; (4) addressing underlying social and economic inequities, including empowering women and girls, reducing incidence of child marriage, delaying childbirth, and increasing access to formal and non-formal education; (5) supporting reintegration and training programs to help women who have undergone treatment return to full and productive lives; and (6) promoting public awareness to increase understanding of obstetric fistula, and thereby improve prevention and treatment efforts, to help reduce stigma and violence against women and girls with obstetric fistula. 4. Coordination, reporting, research, monitoring, and evaluation (a) In general Assistance authorized under this Act shall— (1) promote the coordination facilitated by the International Obstetric Fistula Working Group, which coordinates between and among donors, multilateral institutions, the private sector, nongovernmental and civil society organizations, and governments in order to support comprehensive prevention and treatment of obstetric fistula; and (2) be used for the development and implementation of evidence-based programs, including monitoring, evaluation, and research to measure the effectiveness and efficiency of such programs throughout their planning and implementation phases. (b) Reporting Not later than one year after the date of the enactment of this Act and annually thereafter, the President shall transmit to Congress a report on activities undertaken pursuant to this Act during the preceding fiscal year to reduce the incidence of and increase treatment for obstetric fistula, and how such activities fit into existing national action plans to prevent and treat obstetric fistula.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2888ih/xml/BILLS-113hr2888ih.xml
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113-hr-2889
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I 113th CONGRESS 1st Session H. R. 2889 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. George Miller of California (for himself, Ms. Schakowsky , Ms. Kaptur , Mr. Nadler , Mr. Lewis , Ms. Moore , Ms. Clarke , Mr. Hinojosa , Mr. Conyers , Mr. Holt , Mr. Pocan , Ms. Slaughter , Mr. Huffman , Mr. Cartwright , Ms. Brownley of California , Ms. Norton , Ms. Frankel of Florida , and Mr. Sablan ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide funds to States, units of general local government, and community-based organizations to save and create local jobs through the retention, restoration, or expansion of services needed by local communities, and for other purposes.
1. Short title This Act may be cited as the Local Jobs for America Act . I Local Community Jobs 101. Stabilization funding for local jobs From the amount appropriated by section 111 , the Secretary of Labor, acting through the Employment and Training Administration of the Department of Labor and in consultation with the Secretary of Housing and Urban Development, shall provide funds to States, units of general local government, and community-based organizations to save and create local jobs through the retention, restoration, or expansion of services needed by local communities. 102. Allotment formula (a) Reservations by the Secretary Of the amount appropriated under section 111 for each fiscal year, the Secretary may reserve— (1) not more than 1 percent to administer this title; and (2) not more than 0.5 percent to award grants, on a competitive basis, to Indian tribes for purposes of this title. (b) Making funds available for allotment by the Secretary Of the amounts appropriated under section 111 and not reserved under subsection (a) , the Secretary shall make available for allotment the amounts for each fiscal year as follows: (1) Seventy percent to entitlement communities, of which the Secretary shall make available for allotment— (A) 25 percent by making available for allotment to each entitlement community an amount which bears the same ratio to the total amount made available under this subparagraph as the population of the entitlement community bears to the total population of all entitlement communities; (B) 25 percent by making available for allotment to each entitlement community an amount which bears the same ratio to the total amount made available under this subparagraph as the extent of poverty in the entitlement community bears to the extent of poverty in all entitlement communities; and (C) 50 percent by making available for allotment to each entitlement community in an amount which bears the same ratio to the total amount made available under this subparagraph as the number of unemployed individuals in the entitlement community bears to the total number of unemployed individuals in all entitlement communities. (2) Thirty percent to States, of which the Secretary shall make available for allotment— (A) 25 percent by making available for allotment to each State an amount which bears the same ratio to the total amount made available under this subparagraph as the population of the State bears to the total population of all States; (B) 25 percent by making available for allotment to each State in an amount which bears the same ratio to the total amount made available under this subparagraph as the extent of poverty in the State bears to the extent of poverty in all States; and (C) 50 percent by making available for allotment to each State in an amount which bears the same ratio to the total amount made available under this subparagraph as the number of unemployed individuals in the State bears to the total number of unemployed individuals in all States. (c) Reservation and allotments by states (1) Reservation Of the amount of funds allotted to a State under section 104(c)(2)(A) for each fiscal year, a State may reserve not more than 2 percent for administrative purposes. (2) Allotments by States (A) In general A State shall provide all of the funds allotted to the State under section 104(c)(2)(A) that are not reserved under paragraph (1) as follows: (i) Not more than 50 percent of the funds to units of general local government located in nonentitlement areas of the State to continue to provide employee compensation to employees employed by each such unit, as of the date the State receives the attotment under section 104(c)(2)(A), in positions that— (I) provide local services to the public; and (II) would otherwise be terminated or reduced as a result of fiscal constraints of such unit. (ii) Not more than 50 percent of the remainder of the funds (after allotting funds under clause (i) ) to community-based organizations for each such organization to employ individuals newly hired or employed under a contract entered into on or after the date on which the State receives the allotment under section 104(c)(2)(A) to provide services or functions that are not customarily provided by a unit of general local government located in a nonentitlement area of the State. (iii) All of the remainder of the funds (after allotting funds under clauses (i) and (ii) ) to units of general local government located in nonentitlement areas of the State for each such unit to provide employee compensation to individuals newly hired to carry out the local public services described in subclauses (I) and (II) of section 103(c)(1)(B)(i) for the unit. (B) Allotments In allotting funds under subparagraph (A) for a fiscal year, a State shall— (i) provide to each unit of general local government and community-based organization located in a nonentitlement area of a Congressional district of the State not less than an amount of funds that bears the same ratio to the total amount made available to be allotted to the State under subsection (b)(2) for such fiscal year as the population of the nonentitlement area of the Congressional district bears to the total population of all nonentitlement areas of the State; (ii) if the total amount of funds allotted by the Secretary to a State under section 104(c)(2)(A) on behalf of units of general local government and community-based organizations located in the nonentitlement area of a Congressional district of the State is less than the amount to be provided to the units and organizations under clause (i) for such fiscal year, provide to the units and organizations an amount of funds equal to the amount of funds so allotted for such fiscal year; and (iii) consult with local elected officials from among units of general local government located in nonentitlement areas of such State in determining the method of allotment of such funds under clauses (i) and (ii). (d) Rule for providing funds to community-Based organizations In providing funds under this title to community-based organizations, a unit of general local government or State shall, to the extent practicable, give priority to community-based organizations that will provide services or functions in accordance with this title to— (1) public use microdata areas that have a poverty rate of 12 percent or more; or (2) units of general local government that have an unemployment rate that is 2 percent higher than the national unemployment rate. 103. Uses of funds by units of general local government and community-based organizations (a) Entitlement Communities Of the amount of funds received under section 104(c)(1) for each fiscal year, a unit of general local government that is an entitlement community— (1) may use not more than 5 percent for administrative purposes; (2) may use up to 50 percent of the remainder of such funds (after using the funds pursuant to paragraph (1) ) to continue to provide employee compensation to employees employed by the unit, as of the date the unit receives funds under section 104(c)(1), in positions that— (A) provide local services to the public; and (B) would otherwise be terminated or reduced as a result of fiscal constraints of such unit; (3) may provide up to 50 percent of the remainder of such funds (after using the funds pursuant to paragraph (1) and (2) ) to a community-based organization to employ individuals newly hired or employed under a contract entered into on or after the date on which the unit receives funds under section 104(c)(1) to provide services or functions that are not customarily provided by the unit, of which— (A) not less than 93 percent shall be used by the organization to provide employee compensation to such individuals; (B) not more than 5 percent may be used by the organization for supportive services; and (C) not more than 2 percent may be used by the organization for administrative purposes; and (4) shall use all of the remainder of such funds (after using the funds pursuant to paragraphs (1) through (3) ), to the extent that the unit determines that it has a need for additional employees, to provide employee compensation to individuals newly hired by the unit to carry out the local public services described in subclauses (I) and (II) of subsection (c)(1)(B)(i) for the unit. (b) Nonentitlement areas Of the amount of funds received under section 104(c)(2)(B) for each fiscal year— (1) a unit of general local government that is located in a nonentitlement area of a State— (A) may use not more than 2 percent for administrative purposes; and (B) shall use all of the remainder of such funds (after using the funds pursuant to subparagraph (A) ) to provide employee compensation to individuals described in clause (i) or (iii) of section 102(c)(2)(A) , as determined by the State; and (2) a community-based organization— (A) shall use not less than 93 percent to provide employee compensation to individuals described in section 102(c)(2)(A)(ii) ; (B) may use up to 5 percent for supportive services; and (C) may use up to 2 percent for administrative purposes. (c) Funded Positions; Consultation by chief executive officers (1) Funded positions (A) Full-time, full-year employment (i) In general An individual hired under this title by a unit of general local government or community-based organization shall fill a position that offers full-time, full-year employment. (ii) Definitions For purposes of this subparagraph— (I) the term full-time , when used in relation to employment, has the meaning already established or, if the meaning has not been established, determined to be appropriate for purposes of this title, by the unit of general local government or community-based organization hiring an individual under this title; and (II) the term full-year , when used in relation to employment, means a position that provides employment for a 12-month period, except that in the case of a position that provides a service required by a unit or organization for only the duration of a school year, the term means a position that provides employment for such duration. (B) Services for units An individual hired under this title— (i) by a unit of general local government, shall fill a position to assist the unit in— (I) restoring local public services terminated on or after the date that is 5 years before the date of enactment of this title; (II) expanding existing local public services; or (III) retaining local public services that would otherwise be reduced as a result of the fiscal constraints of such unit; or (ii) by a community-based organization, shall fill a position to provide services or functions that are not customarily provided by a unit of general local government. (2) Consultation by Chief executive officers A chief executive officer of a unit of general local government shall consult with the local community and labor organizations representing employees of such unit in determining the positions that should be funded under this title for such unit for each fiscal year. 104. Statements of need; approval and allotment of funds (a) Submission of statements; Notice of Allotment and Intent (1) In general (A) Notice of Allocation The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor, the total amount of funds made available for allotment under this title for a fiscal year to each unit of general local government that is an entitlement community and each State that is eligible to receive funds under this title for such fiscal year. (B) Submission In order to receive funds under this title for a fiscal year for which funds are appropriated to carry out this title, a unit of general local government, community-based organization, or a State shall submit a statement in accordance with paragraph (2) or (3), as applicable, certifying the information described in subsection (b) for such fiscal year. (C) Notice of Intent (i) In general Seven days prior to the submission of a statement under subparagraph (B), a unit of general local government that is an entitlement community or State shall publish public notice of the intent to submit a statement under such subparagraph, which includes a copy of the statement. (ii) Internet Web site In publishing public notice under clause (i), a unit of general local government or State shall post the notice and information described in such clause on a publicly available Internet Web site of the unit or State, as applicable. (2) Entitlement communities (A) Statements from units In order to receive funds under this title for a fiscal year for which funds are appropriated to carry out this title, a unit of general local government that is an entitlement community shall submit to the Secretary, at such time and in such manner as determined by the Secretary, a statement that certifies the information described in subsection (b)— (i) with respect to such unit for such fiscal year; and (ii) with respect to the community-based organizations the unit plans to fund, using funds the unit receives under this title, for such fiscal year. (B) Statements from Community-based organizations In order to receive funds for a fiscal year from a unit of general local government that is an entitlement community receiving funds for such fiscal year under this title, a community-based organization shall submit to a unit of general local government that is an entitlement community, at such time and in such manner as determined by the unit, a statement certifying the information described in subsection (b) with respect to such organization for such fiscal year. (3) Nonentitlement areas (A) Statement from units and organizations In order to receive funds for a fiscal year from a State receiving funds for such fiscal year under this title, a unit of general local government that is located in a nonentitlement area of the State, or a community-based organization, shall submit to the State, at such time and in such manner as determined by the State, a statement certifying the information described in subsection (b)— (i) with respect to such unit for such fiscal year; or (ii) with respect to such organization for such fiscal year. (B) Statements from states After reviewing the statements received under subparagraph (A) for a fiscal year, a State shall submit to the Secretary, at such time and in such manner as determined by the Secretary, a statement certifying the information described in subsection (b) with respect to the units of general local government and community-based organizations that the State plans to fund, using funds the State receives under this title, for such fiscal year. (b) Information certified A statement submitted under subsection (a) shall certify, with respect to a unit of general local government or community-based organization, as applicable, the following information: (1) The amount of funds requested by such unit or organization. (2) The number of individuals who will receive employee compensation with such funds. (3) The job titles of, and the amount of employee compensation and the employers (units or organizations) for, the positions that will be filled by the individuals. (4) Whether the positions will— (A) in the case of employment with a unit, assist in retaining, restoring, or expanding an existing local public service; or (B) in the case of employment with an organization, provide services or functions that are not customarily provided by a unit that is an entitlement community, or a unit located in a nonentitlement area of a State. (5) The estimated date of hiring for the positions. (6) A statement documenting the need for the services to be carried out by the individuals hired for the positions. (7) In the case of a unit that desires to use funds received under this title to continue to provide employee compensation for existing employees of the unit in accordance with section 102(c)(2)(A)(i) or 103(a)(2) , a statement documenting the fiscal constraints of the unit that would result in the termination or reduction of the positions of such employees. (8) A description of the unit’s or organization’s plan to target recruitment efforts for positions funded under this title in accordance with section 105(b) . (9) An assurance by the unit or organization that the unit or organization will comply with all provisions of this title. (10) An assurance by the unit or organization that the unit or organization will comply with all applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational safety and health, and nondiscrimination. (c) Approval and allotment of funds (1) Entitlement communities Within 30 days of receipt of a statement submitted under subsection (a)(2)(A) by unit of general local government that is an entitlement community, the Secretary shall allot to the unit the amount of funds requested by the unit for a fiscal year, not to exceed the total amount of funds available to be allotted under section 102(b)(1) to the unit for such fiscal year. (2) Nonentitlement areas (A) Approval by the secretary Within 30 days of receipt of a statement submitted under subsection (a)(3)(B) by a State with respect to a unit of general local government located in a nonentitlement area, or a community-based organization to provide services or functions that are not customarily provided by a unit of general local government located in a nonentitlement area, for a fiscal year, the Secretary shall allot to the State the amount of funds requested by the State for such unit or organization for such fiscal year, not to exceed the total amount of funds available to be allotted under section 102(b)(2) to the State for such fiscal year. (B) State allotment of funds Not later than 15 days after receiving an allotment of funds from the Secretary under subparagraph (A) , the State shall allot, in accordance with section 102(c)(2) , all of the funds to the unit or organization for which such funds were provided by the Secretary under subparagraph (A). (3) Withheld funds Notwithstanding paragraphs (1) and (2), any funds under this title withheld pursuant to a grievance filed under section 110(b) shall be withheld until such grievance is resolved. (d) Reallotment of funds (1) Units The funds made available for allotment under this title for a fiscal year for a unit of general local government that is an entitlement community that does not submit, within 6 months after the date the Secretary posts a notice of allotment under subsection (a)(1)(A) for such unit, to the Secretary a statement under subsection (a) that indicates an intention to hire at least 1 individual under this title for such fiscal year, shall be made available to be reallotted by the Secretary for the fiscal year immediately following such fiscal year, in accordance with the allotment formula under section 102(b)(1) . (2) States The funds made available for allotment under this title for a fiscal year for a State that does not submit, within 6 months after the date the Secretary posts a notice of allotment under subsection (a)(1)(A) for such State, shall be allotted by the Secretary to units of general local government and community-based organizations located in the nonentitlement area of the State to carry out the purposes of this title for such fiscal year. 105. Compliance with local laws and contracts; recruitment requirements (a) Compliance with local laws and contracts In hiring individuals for positions funded under this title, or using funds under this title to continue to provide employee compensation for existing employees, a unit of general local government or community-based organization shall comply with all applicable Federal, State, and local laws, personnel policies and regulations, and collective bargaining agreements, as if such individual was hired, or such employee compensation was provided, without assistance under this title. (b) Targeting recruitment efforts In recruiting individuals for positions funded under this title, a unit of general local government or community-based organization shall target recruitment efforts with respect to individuals who— (1) have been in receipt of unemployment compensation for at least 25 weeks; (2) have exhausted unemployment compensation within the last 2 years; (3) are veterans; or (4) are unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation. (c) Bonus grants (1) In general From the amounts made available under paragraph (2), the Secretary may award a grant to each unit of general local government and each community-based organization where at least 15 percent of the individuals hired for a position under this title by such unit or organization for a fiscal year are individuals described in subsection (b). (2) Authorization of Appropriations There are authorized to be appropriated $100,000,000 to carry out this subsection for each fiscal year. 106. Employment status and compensation (a) Employee status An individual hired for a position funded under this title shall— (1) be considered an employee of the unit of general local government, or community-based organization, by which such individual was hired; and (2) receive the same employee compensation, have the same rights and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this title. (b) Limit on number of executive, administrative, or professional positions (1) Units Of the total number of positions funded under this title for a fiscal year for each unit of general local government and each community-based organization— (A) not more than 20 percent shall be in a bona fide executive, administrative, or professional capacity; and (B) at least 80 percent shall not be in a bona fide executive, administrative, or professional capacity. (2) Definitions For purposes of this subsection, the terms bona fide executive , bona fide administrative ; and bona fide professional , when used in relation to capacity, shall have the meanings given such terms under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ). (c) Total Amount of Compensation For each fiscal year for which funds are appropriated to carry out this title, each unit of general local government and each community-based organization that receives funds under this title for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for individuals hired by such unit or organization, as appropriate, for such fiscal year under this title. (d) Limit on period of employment Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a unit of general local government or community-based organization shall not be obligated to employ the individuals hired under this title or retain the positions filled by such individuals beyond the period for which the unit or organization receives funding under this title. 107. Nondisplacement (a) Nondisplacement of existing employees (1) In general Except as provided under section 102(c)(2)(A)(i) and 103(a)(2) , a unit of general local government or community-based organization may not employ an individual for a position funded under this title, if— (A) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee, as of the date of employing such individual, of the unit or organization; or (B) such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit or organization who— (i) has been laid off or partially displaced (as such term is described in subparagraph (A)); and (ii) has not been offered by the unit or organization, to be restored to the position the employee had immediately prior to being laid off or partially displaced. (2) Elimination of position For the purposes of this subsection, a position shall be considered to have been eliminated by a unit of general local government or community-based organization if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month. (3) Promotional opportunities An individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of a unit or organization receiving funding under this title. (b) Nondisplacement of local government services A community-based organization receiving funds under this title may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization. 108. Reporting requirements (a) Entitlement community A unit of general local government that is an entitlement community that receives funds under this title shall submit, every 90 days during the period the unit receives such funds, to the Secretary, a report that provides— (1) the status of the unit’s compliance with the statement submitted by the unit under section 104(a)(2)(A); and (2) the status of the compliance of any community-based organization that receives funds from the unit pursuant to this title with the statement submitted by the organization under section 104(a)(2)(B). (b) Nonentitlement area (1) Units and organizations A unit of general local government located in a nonentitlement area of a State that is receiving funds under this title, or a community-based organization that is providing services in a nonentitlement area of such State, shall submit, every 90 days during the period the unit or organization receives funds from the State pursuant to this title, to the State, a report that provides the status of the compliance of the unit or organization with the statements submitted under section 104(a)(3)(A). (2) States A State shall submit, every 90 days during the period the State receives funds under this title, to the Secretary, a report containing the information received under paragraph (1). (c) Posting of reports Upon receiving the reports submitted under subsections (a) and (b)(2), the Secretary shall post on a publicly accessible Web site of the Department of Labor such reports. 109. Auditing by the secretary The Secretary shall perform random, periodic audits to determine compliance with this title. 110. Dispute resolutions, Whistleblower hotline, and Enforcement by the Secretary (a) Establishment of arbitration procedure (1) In general Each unit of general local government that is an entitlement community and each State that receives funding under this title shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c). (2) Written grievances (A) In general If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary. (B) In-person meeting Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance. (3) Arbitration (A) Submission If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties. (B) Appointment by Secretary If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request. (C) Hearing Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed. (D) Costs (i) In general Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. (ii) Exception If a grievant prevails under an arbitration proceeding, the unit of general local government or State involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees. (b) Disputes concerning the allotment of funds (1) In general In the case of a dispute as to whether— (A) a unit of general local government that is an entitlement community improperly requested funds under this title by requesting such funds for services or functions to be provided by a community-based organization that are customarily provided by the unit; or (B) a State improperly requested fund under this title by requesting such funds for services or functions to be provided by a community-based organization in a nonentitlement area of the State that are customarily provided by the unit located in such area, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 15 days after public notice of an intent to submit a statement under section 104(a) is published in accordance with paragraph (1)(C) of such section. (2) Secretarial duties Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding. (c) All other disputes (1) In general In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this title by a unit of general local government that is an entitlement community, State, or community-based organization receiving funds under this title, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this title, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance. (2) Existing grievance procedures A party to a dispute described in paragraph (1) may use the existing grievance procedure of a unit or State involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute. (d) Party defined For purposes of subsections (a), (b), and (c), the term party means an employee, employee representative, unit of general local government, or State, involved in a dispute described in subsection (b) or (c). (e) Whistleblower Hotline; Enforcement by the Secretary (1) Whistleblower hotline The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State, unit of general local government, community-based organization, or individual receiving funding under this title. (2) Enforcement by the Secretary (A) In general If the Secretary receives a complaint alleging noncompliance with this title, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including— (i) withholding further funds under this title to a noncompliant entity; (ii) requiring the entity to make an injured party whole; or (iii) requiring the entity to repay to the Secretary any funds received under this title during any period of noncompliance. (B) Definition For purposes of this paragraph, the term entity means State, unit of general local government, community-based organization, or individual. (C) Recommendation by an arbitrator A remedy described in subparagraph (A) may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section. 111. Authorization of appropriations and appropriations There are authorized to be appropriated and there are appropriated (in addition to any other amounts appropriated to carry out this title and out of any money in the Treasury not otherwise appropriated) such amounts as may be necessary to carry out this title, except for section 105(c), for each fiscal year. 112. Definitions In this title: (1) In general The terms city ; extent of poverty ; metropolitan city ; urban county ; nonentitlement area ; population ; and State have the meanings given the terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (2) Benefits The term benefits has the meaning given the term employment benefits in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (3) Community-based organization The term community-based organization means a private nonprofit organization that— (A) is representative of a community within a unit of general local government or a significant segment of the community; and (B) has demonstrated expertise and effectiveness in providing services or functions to the community not customarily provided by the unit. (4) Employee compensation The term employee compensation includes wages and benefits. (5) Entitlement communities The term entitlement communities includes metropolitan cities and urban counties. (6) Indian Tribe The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ). (7) Secretary The term Secretary means the Secretary of Labor. (8) Supportive services The term supportive services means services such as transportation and child care that are necessary to enable an individual to be employed in a position funded under this title. (9) Unemployed individual The term unemployed individual has the meaning given such term in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ). (10) Unit of general local government The term unit of general local government means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that is recognized by the Secretary; and the District of Columbia. (11) Veteran The term veteran has the meaning given such term in section 101 of the Workforce Investment Act ( 29 U.S.C. 2801 ). (12) Wage The term wage has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). II Education Jobs Fund 201. Education Jobs Funds There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for an Education Jobs Fund, $23,000,000,000: Provided , That the amount under this heading shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) except as follows: (1) Allocation of funds (A) Funds appropriated under this heading shall be available only for allocation by the Secretary of Education (in this heading referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and (f) of section 14001 of division A of Public Law 111–5 and subparagraph (B) of this paragraph, except that the amount reserved under such subsection (b) shall not exceed $1,000,000 and such subsection (f) shall be applied by substituting 1 year for 2 years. (B) Prior to allocating funds to States under section 14001(d) of division A of Public Law 111–5 , the Secretary shall allocate 0.5 percent to the Secretary of the Interior for schools operated or funded by the Bureau of Indian Affairs on the basis of the schools’ respective needs for activities consistent with this heading under such terms and conditions as the Secretary of the Interior may determine. (2) Reservation A State that receives an allocation of funds appropriated under this heading may reserve not more than 2 percent for the administrative costs of carrying out its responsibilities with respect to those funds. (3) Awards to local educational agencies (A) Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 2013–2014 school year. (B) Funds used to support elementary and secondary education shall be distributed through a State’s primary elementary and secondary funding formula or based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the most recent fiscal year for which data are available. (C) Subsections (a) and (b) of section 14002 of division A of Public Law 111–5 shall not apply to funds appropriated under this heading. (4) Compliance with education reform assurances For purposes of awarding funds appropriated under this heading, any State that had an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection (b) and paragraphs (2) through (5) of subsection (d) of section 14005 of division A of Public Law 111–5 . (5) Requirement to use funds to retain or create education jobs Notwithstanding section 14003(a) of division A of Public Law 111–5 , funds awarded to local educational agencies under paragraph (3)— (A) may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; and (B) may not be used for general administrative expenses or for other support services expenditures as those terms were defined by the National Center for Education Statistics in its Common Core of Data as of the date of enactment of this title. (6) Prohibition on use of funds for rainy-day funds or debt retirement A State that receives an allocation may not use such funds, directly or indirectly, to— (A) establish, restore, or supplement a rainy-day fund; (B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (C) reduce or retire debt obligations incurred by the State; or (D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. (7) Deadline for award The Secretary shall award funds appropriated under this heading not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this heading. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law. (8) Alternate distribution of funds If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111–5 ) for support of elementary and secondary education, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this heading shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under this paragraph, however, unless the Secretary has determined (on the basis of such information as may be available) that the requirements of clauses (i), (ii), or (iii) of paragraph 10(A) are likely to be met, notwithstanding the lack of an application from the Governor of that State. (9) Local educational agency application Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of Public Law 111–5 . The assurances provided under that application shall continue to apply to funds awarded under this heading. (10) Maintenance of effort (A) Except as provided in paragraph (8), the Secretary shall not allocate funds to a State under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that— (i) for State fiscal year 2014, the State will maintain State support for elementary and secondary education (in the aggregate or on the basis of expenditures per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2009; (ii) for State fiscal year 2014, the State will maintain State support for elementary and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for each of the two categories, respectively, for State fiscal year 2010; or (iii) in the case of a State in which State tax collections for calendar year 2009 were less than State tax collections for calendar year 2006, for State fiscal year 2014 the State will maintain State support for elementary and secondary education (in the aggregate) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students)— (I) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2006; or (II) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for each of the two categories, respectively, for State fiscal year 2006. (B) Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of Public Law 111–5 shall not apply to funds appropriated under this heading. III Law Enforcement and Firefighter Jobs 301. Appropriation The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, and for the following purposes, namely: Department of Justice Community Oriented Policing Services (Including Transfer of Funds) For an additional amount for Community Oriented Policing Services , for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act ( 42 U.S.C. 3796dd ) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section, $1,179,000,000, of which $2,950,000 shall be transferred to State and Local Law Enforcement Activities, Salaries and Expenses for management, administration and oversight of such grants. Department of Homeland Security Federal Emergency Management Agency Firefighter Assistance Grants For an additional amount for Firefighter Assistance Grants for necessary expenses for programs authorized by section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ), $500,000,000: Provided , That notwithstanding any provision under section 34(a)(1)(A) of such Act specifying that grants must be used to increase the number of firefighters in fire departments, the Secretary of Homeland Security, in making grants under section 34 of such Act for fiscal year 2014, shall grant waivers from the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: Provided further , That section 34(a)(1)(E) of such Act shall not apply with respect to funds appropriated in this or any other Act making appropriations for fiscal year 2014 for grants under section 34 of such Act: Provided further , That the Secretary of Homeland Security, in making grants under section 34 of such Act, shall ensure that funds appropriated under this or any other Act making appropriations for fiscal year 2014 are made available for the retention of firefighters and shall award grants not later than 120 days after the date of enactment of this Act: Provided further , That the Secretary may transfer any unused funds under this heading to make grants for programs authorized by section 33 of such Act ( 15 U.S.C. 2229 ) after notification to the Committees on Appropriations of the Senate and the House of Representatives. IV On-the-job Training 401. Appropriation The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, and for the following purposes, namely: Department of Labor Employment and Training Administration Training and Employment Services For an additional amount for Training and Employment Services for activities under the Workforce Investment Act of 1998 ( WIA ), $500,000,000 which shall be available for obligation on the date of enactment of this Act, Provided , That such funds shall be used solely for on-the-job training (as such term is defined in section 101(31) of the WIA): Provided further, That $250,000,000 of such amount shall be for such on-the-job training for individuals who reside in local areas that— (1) have a poverty rate of 12 percent or more for each Public Use Microdata Area (PUMA) in such local area; or (2) have an unemployment rate that is 2 percent higher than the national unemployment rate.
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113-hr-2890
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I 113th CONGRESS 1st Session H. R. 2890 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Norton 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 certain tax incentives for investment in the District of Columbia.
1. Short title This Act may be cited District of Columbia Incentives for Business and Individual Investment Act . 2. Extension of certain tax incentives for investment in the District of Columbia (a) In general Subsection (f) of section 1400 of the Internal Revenue Code of 1986 is amended by striking December 31, 2011 each place it appears and inserting December 31, 2015 . (b) Tax-Exempt DC empowerment zone bonds Subsection (b) of section 1400A of such Code is amended to read as follows: (b) Period of applicability This section shall apply to bonds issued— (1) during the period beginning on January 1, 1998, and ending on December 31, 2011, and (2) during the period beginning on the date of the enactment of this paragraph and ending on December 31, 2015. . (c) Zero-Percent capital gains rate (1) Acquisition date Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) of such Code are each amended by striking January 1, 2012 and inserting January 1, 2015 . (2) Limitation on period of gains (A) In general Paragraph (2) of section 1400B(e) of such Code is amended— (i) by striking December 31, 2016 and inserting December 31, 2020 ; and (ii) by striking 2016 in the heading and inserting 2020 . (B) Partnerships and S-corps Paragraph (2) of section 1400B(g) of such Code is amended by striking December 31, 2016 and inserting December 31, 2020 . (d) First-Time homebuyer credit Subsection (i) of section 1400C of such Code is amended by striking January 1, 2012 and inserting January 1, 2015 . (e) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2011. (2) Tax-exempt DC empowerment zone bonds The amendment made by subsection (b) shall apply to bonds issued after the date of the enactment of this Act. (3) Acquisition dates for zero-percent capital gains rate The amendments made by subsection (c) shall apply to property acquired or substantially improved after December 31, 2011. (4) Homebuyer credit The amendment made by subsection (d) shall apply to homes purchased after December 31, 2011.
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113-hr-2891
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I 113th CONGRESS 1st Session H. R. 2891 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Pallone introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations on the management of medical waste.
1. Short title This Act may be cited as the Medical Waste Management Act of 2013 . 2. Tracking and disposal of medical waste (a) Definition of medical waste Section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ) is amended by striking paragraph (40) and inserting the following: (40) (A) Except as provided in subparagraph (C) , the term medical waste means any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. (B) Such term includes the following types of solid waste: (i) Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures. (ii) Pathological waste, including tissues, organs, and body parts that are removed during surgery or autopsy. (iii) Waste human blood and products of blood, including serum, plasma, and other blood components. (iv) Sharps (as such term is defined by the Secretary) that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades. (v) Contaminated carcasses, body parts, and bedding of animals that have been exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals. (vi) Waste from surgery or autopsy that has been in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves. (vii) Laboratory waste from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that has been in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons. (viii) Dialysis waste that has been in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats. (ix) Discarded medical equipment and parts that have been in contact with infectious agents. (x) Solid waste that is likely to be contaminated with infectious agents because the wastes have been in contact with humans or animals that are quarantined to protect other humans or animals from communicable disease. (xi) Solid waste generated during— (I) the diagnosis or treatment of disease in human beings or animals; (II) the provision of medical services (including immunizations) to human beings or animals; (III) post-mortem clean-up or autopsy preparations for human beings or animals; (IV) medical research on human beings or animals; (V) the operation of a syringe exchange program; or (VI) the production or testing of a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)). (C) Such term does not include any hazardous waste identified or listed under subtitle C or any household waste as defined in regulations under subtitle C. (D) Not later than the last day of the two-year period beginning on the date of enactment of the Medical Waste Management Act of 2013 , the Administrator shall promulgate regulations listing types of medical waste. . (b) Amendment of Solid Waste Disposal Act The Solid Waste Disposal Act is amended by striking subtitle J ( 42 U.S.C. 6992 et seq. ) and inserting the following: J Medical Waste Management Program 11001. Medical waste management program (a) In general The Administrator shall conduct a medical waste management program for the purpose of protecting human health and the environment from medical waste. (b) Components of program The program under subsection (a) shall provide for the following: (1) Tracking medical waste from any generator of such waste to any disposal facility that disposes of such waste, including a recordkeeping system for generators who dispose of medical waste at the same facility where the waste is generated. (2) A uniform manifest form prepared by the generator of any medical waste that accompanies the waste as it is being transported from a generator to a disposal facility. (3) Labeling and packaging requirements that— (A) foster safe handling of the waste; (B) protect the public from exposure to infectious disease; and (C) provide for the identification of the generator of the waste. (4) Storage requirements, including a requirement for segregation of the waste at the point of generation and during transportation. (5) Proper disposal of medical waste through appropriate methods of disposal that— (A) are approved by the Administrator; and (B) provide adequate protection for the environment and human health. (6) Monitoring of generators and transporters of medical waste and storage and disposal facilities that store or dispose of medical waste for compliance with the program under this section. (7) A requirement that such generators, transporters, and facilities provide adequate training to individuals who handle medical waste to ensure compliance with the program under this section. (8) A national plan for managing medical waste generated in States with a shortage of disposal facilities. (c) Exemptions (1) Properly treated waste (A) In general Subject to paragraph (4) , the Administrator may make an exemption from some or all of the requirements of the program under subsection (a) for medical waste treated in a method described under subparagraph (B) . (B) Methods of treatment For purposes of this paragraph, the Administrator shall promulgate regulations establishing minimum standards for methods of treating medical waste that significantly reduce the potential harm of such waste to the environment and to human health. (2) Storage requirements Subject to paragraph (4) , the Administrator may make an exemption to the requirement under subsection (b)(4) that medical waste be segregated from other waste upon receipt of a petition for such an exemption from a generator, transporter, or storage or disposal facility. (3) Individuals (A) In general Subject to subparagraph (B) and paragraph (4) , the Administrator shall make an exemption from the program under subsection (a) for individuals who generate medical waste through personal use of medical or non-medical products outside of a medical facility. (B) No exemption for large volumes of waste The Administrator may not make an exemption under subparagraph (A) for an individual who generates 50 pounds or more of medical waste in any calendar month. (4) Protection of the environment and human health The Administrator may not make an exemption under this subsection unless the exemption does not endanger the environment or human health, as determined by the Administrator. (d) Regulations (1) In general For purposes of the program under this section, not later than the last day of the one-year period beginning on the date of enactment of the Medical Waste Management Act of 2013 , the Administrator shall promulgate regulations on tracking, labeling, packaging, storing, handling, monitoring, and disposing of medical waste. (2) Variation in rules The regulations under paragraph (1) may include different rules for different types of medical waste and for different types of medical waste generators. 11002. Specific requirements for generators, transporters, and storage and disposal facilities (a) Specific requirements for generators (1) In general A generator of medical waste shall— (A) provide any transporter that is transporting medical waste from the generator to a disposal facility— (i) with a written assurance that the generator has complied with all labeling, packaging, and storage requirements under section 11001 with respect to such medical waste; and (ii) with a properly completed manifest form for transporting such waste under section 11001(b)(2) ; (B) register with the Administrator; and (C) provide the Administrator with the name of all transporters used by the generator to transport medical waste. (2) Application to tattoo and body art establishments A body art establishment (including a tattoo parlor) shall be considered to be a generator of medical waste for purposes of this subtitle. (b) Specific requirements for transporters A transporter of medical waste shall— (1) not accept medical waste from a generator without receiving a written assurance, with regard to such waste, that is described in subsection (a)(1)(A) ; (2) register with the Administrator; and (3) disclose to the Administrator the number and type of vehicles used by the transporter to transport medical waste and the equipment and methods used to ensure segregation and handling of such waste in accordance with this subtitle. (c) Specific requirements for storage facilities An owner or operator of a storage facility shall— (1) provide notice of the storage of medical waste to the generator of that medical waste; and (2) register with the Administrator. (d) Specific requirements for disposal facilities An owner or operator of a disposal facility shall— (1) provide notice of the disposal of medical waste to the generator of that medical waste; and (2) register with the Administrator. (e) Registration The Administrator may set appropriate requirements for registration under this section and may collect reasonable registration fees from generators, transporters, and disposal facilities. (f) Availability of fees Subject to appropriations, fees collected under this section shall remain available for use by the Administrator for purposes of the medical waste management program under this subtitle. 11003. Inspections (a) Requirements for Access (1) In general Upon request of any officer, employee, or representative of the Environmental Protection Agency duly designated by the Administrator, for purposes of developing or assisting in the development of any regulation or report under this subtitle or enforcing any provision of this subtitle, any person who generates, stores, treats, transports, disposes of, or otherwise handles medical waste shall furnish information relating to such waste (including any manifest forms required under section 11001), conduct monitoring or testing, and permit such officer, employee, or representative at all reasonable times to have access to, and to copy, all records relating to such waste. (2) Specific activities authorized To carry out inspections for purposes of the program under section 11001, officers, employees, or representatives described under paragraph (1) are authorized to— (A) enter at reasonable times any building, vehicle, equipment, container, or other item or place where medical waste is generated, stored, treated, disposed of, or transported; (B) conduct monitoring or testing relating to such waste; (C) inspect any such waste and any containers, labels, and documents relating to such waste; and (D) obtain from any person— (i) samples of such waste; and (ii) samples or copies of such containers, labels, and documents. (b) Procedures (1) Prompt inspections Each inspection under this section shall be commenced and completed with reasonable promptness. (2) Samples (A) In general If an officer, employee, or representative described under subsection (a)(1) obtains any samples under subsection (a)(2)(D) , prior to leaving the site of inspection the officer, employee, or representative shall give to the owner, operator, or agent in charge a receipt describing each sample obtained. (B) Analysis If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge of the site from which such sample was taken. (c) Availability to public The provisions of section 3007(b) of this Act shall apply to records, reports, and information obtained under this section in the same manner and to the same extent as such provisions apply to records, reports, and information obtained under section 3007. 11004. Federal enforcement The provisions of section 3008 (except for subsection (d)(7) and to the extent such section applies to used oil) shall apply to a violation of this subtitle, with respect to medical waste, in the same manner and to the same extent as such provisions apply to a violation of subtitle C, with respect to hazardous waste except that any reference in section 3008 to— (1) section 3006 shall be treated as a reference to section 11005; (2) a permit under this subtitle shall be treated as a reference to registration under section 11002; and (3) authorization to operate under section 3005(e) shall be treated as a reference to a registration under section 11002. 11005. Authorized State medical waste programs The provisions of section 3006 (except for subsections (g) and (h) and paragraphs (3) and (4) of subsection (c)) shall, to the extent consistent, apply to this subtitle, with respect to medical waste, in the same manner as such provisions apply to subtitle C, with respect to hazardous waste, except that any reference in section 3006 to— (1) the date of enactment of this Act shall be treated as a reference to the date of enactment of the Medical Waste Management Act of 2013 ; (2) the date of promulgate of regulations under sections 3002, 3004, and 3005, shall be treated as a reference to the date of promulgation of regulations under section 11001, 11002, and 11003; and (3) January 31, 1986, shall be treated as a reference to December 31, 2013. 11006. Syringe disposal program (a) In general The Administrator shall establish a program on syringe disposal to— (1) educate the public about acceptable methods for disposal of used syringes generated by individuals through personal use of such syringes outside of medical facilities, including through household use; and (2) provide grants to State and local governments and nonprofit and private entities— (A) to educate the public about such methods; and (B) to increase access to such disposal methods. (b) Acceptable disposal methods For purposes of this section, acceptable methods of disposal of used syringes shall be determined by the Administrator and may include community drop-off programs, hazardous waste facilities that accept household waste, mail-back programs, syringe exchange programs, and needle destruction devices. (c) Unacceptable disposal methods For purposes of this section, disposal— (1) in household garbage is not an acceptable disposal method unless the syringe has been appropriately (as determined by the Administrator) sterilized and destroyed; and (2) through the sewage system is not an acceptable disposal method. 11007. Reports to Congress (a) Annual Report (1) In general Not later than one year after the date of enactment of the Medical Waste Management Act of 2013 and annually thereafter, the Administrator shall report to Congress on the following: (A) The types, number, and size of generators of medical waste in the United States. (B) The types and amounts of medical waste generated in the United States. (C) The methods currently used to handle, store, transport, treat, and dispose of the medical waste, including the extent to which such waste is disposed of in sewer systems. (D) The present and potential costs— (i) to local economies, persons, and the environment from the improper handling, storage, transportation, treatment, or disposal of medical waste; and (ii) to generators, transporters, and storage and disposal facilities from regulations establishing requirements related to tracking, handling, storing, transporting, treating, and disposing of medical waste. (E) Available and potentially available methods for handling, storing, transporting, and disposing of medical waste and their advantages and disadvantages. (F) Available and potentially available methods for treating medical waste, including methods of sterilization, chemical treatment, and grinding. (G) The advantages and disadvantages of such treatment methods, including the extent to which such methods— (i) render medical waste noninfectious or less infectious; (ii) make medical waste unrecognizable; and (iii) protect human health and the environment. (H) Factors impacting the effectiveness of the treatment methods identified in subparagraph (F) , including quality control and quality assurance procedures, maintenance procedures, and operator training. (I) Available and potentially available methods for the reuse or reduction of the volume of medical waste generated. (b) Study and report on individual generators (1) Study The Administrator shall conduct a study on— (A) the type of medical waste (including used syringes) generated by individuals through personal use of medical products outside of medical facilities; (B) the volume of such waste; (C) the availability and cost of disposal and treatment of such waste; (D) the impact on the environment and human health of excluding such waste from the medical waste management program under section 11001; and (E) the extent to which individuals are aware of and use available disposal and treatment options for such waste. (2) Report Not later than the last day of the one-year period beginning on the date of enactment of the Medical Waste Management Act of 2013 , the Administrator shall submit a report to Congress containing— (A) the results of the study under paragraph (1) ; (B) recommended standards for the handling, storage, treatment, and disposal of such waste; and (C) recommendations for educating the public about such standards. (c) Consultation In preparing the reports under this section, the Administrator shall consult with appropriate State and local agencies. 11008. General provisions (a) Consultation (1) In promulgating regulations under this subtitle, the Administrator shall consult with the States and may consult with other interested parties. (2) The Administrator shall also consult with the International Joint Commission (as established by the Boundary Waters Treaty of 1909 between Canada and the United States) to determine how to track medical waste entering the United States from Canada. (b) Paperwork Reduction Act The promulgation of such regulations shall not be subject to the Paperwork Reduction Act of 1980. (c) Relationship to Subtitle C Nothing in this subtitle shall affect the authority of the Administrator to regulate medical waste under subtitle C of this Act. 11009. Effective date of regulations The regulations promulgated under this subtitle shall take effect on the last day of the 90-day period beginning on the date such regulations are promulgated. . (c) Table of Contents The table of contents for the Solid Waste Disposal Act is amended by striking the items relating to subtitle J and inserting the following: Subtitle J—Medical Waste Management Program Sec. 11001. Medical waste management program. Sec. 11002. Specific requirements for generators, transporters, and storage and disposal facilities. Sec. 11003. Inspections. Sec. 11004. Federal enforcement. Sec. 11005. Authorized State medical waste programs. Sec. 11006. Syringe disposal program. Sec. 11007. Reports to Congress. Sec. 11008. General provisions. Sec. 11009. Effective date of regulations. .
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113-hr-2892
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I 113th CONGRESS 1st Session H. R. 2892 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Perlmutter (for himself and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions.
1. Short title This Act may be cited as the Fair Debt Collection Practices Technical Clarification Act of 2013 . 2. Legal proceeding exception Section 803(6) of the Fair Debt Collection Practices Act ( 12 U.S.C. 1692a(6) ) is amended— (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: (F) any law firm or licensed attorney— (i) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or (ii) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client; and .
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113-hr-2893
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I 113th CONGRESS 1st Session H. R. 2893 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Rangel (for himself, Ms. Bass , Mr. Brady of Pennsylvania , Ms. Brown of Florida , Mr. Butterfield , Mr. Carson of Indiana , Ms. Castor of Florida , Mrs. Christensen , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Cohen , Mr. Conyers , Mr. Cummings , Mr. Ellison , Ms. Fudge , Mr. Al Green of Texas , Mr. Hastings of Florida , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Mr. King of New York , Ms. Lee of California , Mr. Lewis , Mr. McDermott , Mr. Meeks , Mr. Payne , Mr. Rush , Mr. Serrano , Ms. Slaughter , Ms. Waters , Ms. Wilson of Florida , 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 address the dramatic increase of HIV/AIDS in minority communities.
1. Short title; table of contents (a) Short title This Act may be cited as the Communities United with Religious leaders for the Elimination of HIV/AIDS Act of 2013 or the CURE Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Office of Minority Health grants for activities to reduce HIV/AIDS among those with the greatest rate of increasing rates of infection in the minority communities. Sec. 5. Substance Abuse and Mental Health Services Administration grants for HIV testing and counseling services for high risk youth. Sec. 6. Centers for Disease Control and Prevention grants for public health testing, intervention, and prevention activities. Sec. 7. Centers for Disease Control and Prevention activities for HIV/AIDS prevention and education. Sec. 8. Centers for Disease Control and Prevention national media outreach campaign. Sec. 9. National Center on Minority Health and Health Disparities grants for study on prevention based on behavioral factors. 2. Findings Congress finds the following: (1) The latest estimates of the Centers for Disease Control and Prevention of the incidence of new HIV infections in the United States indicate that HIV remains a serious health problem. (2) It has been estimated that 1.3 million people in the United States are living with HIV/AIDS. Approximately 50,000 people in the United States are newly infected and nearly one in five of those are not aware that they are infected. (3) Racial and ethnic minorities accounted for almost 71 percent of the newly diagnosed cases of HIV infection in 2010. The national HIV rates (per 100,000 persons) for minority groups as of 2010 was 68.9 for Blacks, 27.5 for Hispanics, 19.3 for Native Hawaiian and Pacific Islanders, 9.7 for American Indian/Alaska Natives, and 6.5 for Asian Americans. (4) Although Blacks are only 14 percent of the United States population, they account for half (44 percent) of all new HIV infection cases in 2010. They are 8.0 times more likely to have HIV than Whites. (5) Black women accounted for 13 percent of all new HIV infections in the United States in 2010 and nearly 64 percent of all new infections among women. Most black women (87 percent) were infected through heterosexual sex. In 2010, AIDS was the third leading cause of death in black women 35 to 44 years of age. This equates to the death rate from HIV of 22 times more likely than White women. (6) Black men represented almost one-third (31 percent) of all new HIV infections in the United States in 2010 and account for 70 percent of new HIV infections among Blacks. AIDS is also the third leading cause of death for Black men 35 to 44 years of age. (7) The rate of new HIV diagnoses among Black males 13 to 29 years of age who have sex with males has increased 48 percent between 2006 and 2009. (8) Second to Blacks, Hispanics compose the minority group most disproportionately affected by HIV. Accounting for 16 percent of the United States population, Hispanics account for 20 percent of all new HIV infections. (9) In 2010, Hispanic females are almost 5 times as likely to have AIDS as White females. (10) Over two-thirds of Asian Americans and over one-half of Pacific Islanders have never been tested for HIV. Asian Americans, Native Hawaiian, and Pacific Islanders account for approximately one percent of HIV/AIDS cases nationally. Asian Americans have lower AIDS rates than their White counterparts and they are less likely to die of HIV/AIDS. (11) HIV/AIDS is the ninth leading cause of death in Asian and Pacific Island men aged 25 to 34. (12) Native Hawaiians and Other Pacific Islanders are 2.6 times more likely to be diagnosed with HIV as compared to the White population. While Native Hawaiians and Other Pacific Islanders represent 0.4 percent of the total population in the United States, the AIDS case rate for Native Hawaiians and Other Pacific Islanders was twice that of the White population in 2010. (13) American Indians/Alaska Natives have a 30 percent higher rate of HIV/AIDS infection as compared to the White population. In 2010, American Indian/Alaska Native females were three times more likely to be diagnosed with HIV infection, as compared to the White female population. (14) Runaway youth are 6 to 12 times more likely to become infected with HIV than other youth. (15) In August 2007, the National Medical Association, representing 30,000 African-American physicians, released a consensus report titled Addressing the HIV/AIDS Crisis In The African American Community: Fact, Fiction and Policy which specifically called on the next President of the United States to declare HIV/AIDS in African-American communities a public health emergency. The National Medical Association has worked with the National Black Leadership Commission on AIDS (NBLCA) to organize clergy to advocate for the specific needs of Black physicians, their patients, and those at risk in African-American communities. Both organizations have pledged to advocate and work with clergy to develop, execute, and implement these initiatives in African-American communities and culture. (16) In October 2007, 186 Black clergy, consisting of Baptist, Church of God in Christ (COGIC), Methodist, Protestant, African Methodist Episcopal (AME), and Pentecostal faiths came together to participate in the National Black Clergy Conclave on HIV/AIDS Policy, hosted by Time Warner, Inc., with other foundation support. Included in this prestigious gathering were the Health Brain Trust of the Congressional Black Caucus, leaders from the National Conference of Black Mayors, and the National Caucus of Black State Legislators. This group developed a plan of action that has become the Communities United with Religious leaders to Eliminate HIV/AIDS in minority communities to respond to the on the ground emergency in prevention, care, and treatment for AIDS in Black America. (17) The National Black Clergy Conclave on HIV/AIDS declared the HIV/AIDS crisis in the African-American community a public health emergency . The National Conclave also recognized that HIV/AIDS is growing in and affecting other minority groups disproportionately. Therefore, the Conclave is collaborating with the National Alliance for Hispanic Health, a 30-year-old organization aimed at Hispanic health; the Asian & Pacific Islander American Health Forum, a 27-year-old national organization focused on improving the health of Asian Americans, Native Hawaiians, and Pacific Islanders; and the Asian-Pacific Islander Wellness Center and Esperanza, a Latino based National organization to end HIV/AIDS disparities within these racial and minority communities. (18) At their April 2008 annual meeting, the National Policy Alliance, consisting of the Joint Center For Political and Economic Studies (secretariat), the National Black Caucus of School Board Members, National Black Caucus of Local Elected Officials, the Judicial Council of the National Bar Association, the National Association of Black County Officials, Blacks in Government, National Conference of Black Mayors, and the World Council of Mayors voted unanimously to support, endorse, and encourage the passage of a bill that addresses the dramatic increase of HIV/AIDS in minority communities and to organize their respective members to endorse and support the passage of such a bill. 3. Definitions In this Act: (1) AIDS, HIV, and HIV/AIDS The terms AIDS , HIV , and HIV/AIDS have the meanings given such terms in section 2689 of the Public Health Service Act ( 42 U.S.C. 300ff–88 ). (2) Eligible health entities The term eligible health entity means any of the following entities that serve at least one minority group: (A) A public health agency. (B) A health center, including an entity operated by an Indian tribe or tribal or Indian organization under the Indian Self-Determination Act or an urban Indian organization under the Indian Health Care Improvement Act. (C) A community-based organization. (D) A faith-based organization. (3) Minority group The term minority group has the meaning given the term racial and ethnic minority group under section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g)) and includes such other groups as specified by the Deputy Assistant Secretary for Minority Health. (4) Secretary The term Secretary means the Secretary of Health and Human Services. 4. Office of Minority Health grants for activities to reduce HIV/AIDS among those with the greatest rate of increasing rates of infection in the minority communities (a) In general For the purpose of reducing HIV/AIDS among minority groups, the Secretary, acting through the Deputy Assistant Secretary for Minority Health, may make grants to eligible health entities to conduct any of the following activities, with respect to one or more minority groups, including youth in such groups: (1) HIV/AIDS education and outreach activities. (2) Activities focusing on the prevention of HIV/AIDS and access to treatment for HIV/AIDS. (3) HIV/AIDS testing activities. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall submit to the Deputy Assistant Secretary an application at such time, in such manner, and containing such information as required by the Deputy Assistant Secretary. (c) Priority (1) In general In making grants under subsection (a), the Secretary, acting though the Deputy Assistant Secretary for Minority Health, shall give priority to applications for proposed activities to serve one or more minority groups with a rate of occurrence of HIV that is equal to at least the applicable minimum rate specified by the Secretary under paragraph (2). (2) Specification of minimum rate of occurrence of HIV For purposes of paragraph (1), the Secretary, in consultation with relevant stakeholders, shall specify a minimum rate of occurrence of HIV, which may be based on gender and geographic area. (d) Funding (1) Authorization of appropriations To carry out this section, there are authorized to be appropriated $25,000,000 for each of the fiscal years 2014 through 2017. Any funds made available to the Secretary pursuant to the previous sentence for a fiscal year shall remain available until expended but in no case after fiscal year 2017. (2) Administrative costs Of the amounts made available, pursuant to paragraph (1), to carry out this section for a year, not more than 10 percent of such amounts may be used for administrative costs. 5. Substance Abuse and Mental Health Services Administration grants for HIV testing and counseling services for high risk youth (a) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, may make grants to eligible health entities to provide HIV testing and subsequent counseling and referral for medical treatment based on the results of such testing, to youth who are— (1) members of minority groups; (2) not more than 18 years of age; (3) HIV positive or at risk for HIV/AIDS, including young men of racial minorities who have sex with men; and (4) engaged in substance abuse. Such youth may include those who have run away from home, are homeless, have had experience in the juvenile justice system, or reside in a detention center or foster care. (b) Uses of grants An entity receiving a grant under this section may only use such grant to provide— (1) testing for HIV for the youth described in subsection (a); (2) counseling for such youth— (A) on information on HIV that is based on medical science and annually updated; and (B) to help such youth to assess HIV-risk situations and alter behaviors to promote choices of lower risk; and (3) referral to health resources, mental health resources, and health organizations, which may include medical centers receiving funding under part A or part B of title XXVI of the Public Health Service Act. (c) Eligibility To be eligible to receive a grant under subsection (a), an entity shall submit to the Administrator an application at such time, in such manner, and containing such information as required by the Administrator. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2014 through 2017. Any funds made available to the Secretary pursuant to the previous sentence for a fiscal year shall remain available until expended but in no case after fiscal year 2017. 6. Centers for Disease Control and Prevention grants for public health testing, intervention, and prevention activities (a) In general For the purpose of reducing the rate of occurrence of HIV/AIDS with respect to minority groups, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to eligible health entities for public health intervention and prevention activities described in subsection (b). (b) Grant uses An entity receiving a grant under this section may use such grant to only conduct the following public health intervention and prevention activities with respect to one or more minority groups: (1) Rapid HIV testing. (2) Measures and activities to prevent the spread of HIV/AIDS and to minimize symptoms of HIV/AIDS. (3) Outreach activities targeting both females and males. (4) Referrals to health resources, mental health resources, and health organizations. (c) Eligibility (1) In general To be eligible to receive a grant under subsection (a) an entity shall submit to the Director an application at such time, in such manner, and containing such information as required by the Director, including the provision of the assurances described in paragraph (2). (2) Assurances For purposes of paragraph (1), the assurances described in this paragraph, with respect to an entity seeking a grant under this section, are each of the following assurances: (A) Partnerships An assurance to the satisfaction of the Secretary that the entity will enter into partnerships with public or private health agencies in carrying out the activities funded by the grant. (B) Allocation of grant for activities for females An assurance to the satisfaction of the Secretary that the entity will use at least 60 percent of the amounts received under the grant on activities described in subsection (b) that are for females in minority groups. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2014 through 2017. Any funds made available to the Secretary pursuant to the previous sentence for a fiscal year shall remain available until expended but in no case after fiscal year 2017. 7. Centers for Disease Control and Prevention activities for HIV/AIDS prevention and education (a) Prevention activities The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand and intensify HIV/AIDS prevention and education activities for minority groups. Such activities shall— (1) be targeted to minority groups with a rate of occurrence of HIV that is at least equal to the minimum rate of occurrence specified by the Secretary under section 4(c)(2); (2) be comprehensive and updated annually based on science and research; and (3) include the dissemination of medically-based information on the importance of open conversation on HIV in the community involved, the importance of adherence to medical treatment and medication, reduction of the stigma of HIV, the importance of HIV testing, risk situation assessment, methods of HIV transmission prevention, and the risk of maternal-fetal and maternal breast milk transmission. (b) Education The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand and intensify culturally appropriate and linguistically accessible HIV/AIDS educational activities for minority groups, including for members of such groups who are intravenous drug users, Hispanic and Black women, youth, and men who have sex with men. (c) Coordination The Secretary shall carry out this section in coordination with, as appropriate, public schools of all levels, organizations that are advocates for advancing minority health, and eligible health entities. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of the fiscal years 2014 through 2017. Any funds made available to the Secretary pursuant to the previous sentence for a fiscal year shall remain available until expended but in no case after fiscal year 2017. 8. Centers for Disease Control and Prevention national media outreach campaign (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall implement a national media outreach campaign that urges sexually active individuals who are members of minority groups to be tested for and know their HIV/AIDS status. (b) Requirements The national media outreach campaign under this section— (1) shall— (A) be science-driven and targeted to minority men, women, and youth; and (B) give special emphasis to Black and Hispanic women and minority males who have sex with males, including those who are not more than 18 years of age; and (2) may target high schools and universities with 40 percent or greater minority enrollment. (c) Local organizations In implementing the campaign under subsection (a), the Secretary may enter into agreements with local organizations (as defined by the Secretary) that focus on serving a single metropolitan community. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2014 through 2017. Any funds made available to the Secretary pursuant to the previous sentence for a fiscal year shall remain available until expended but in no case after fiscal year 2017. 9. National Center on Minority Health and Health Disparities grants for study on prevention based on behavioral factors (a) In general The Secretary, acting through the Director of the National Center on Minority Health and Health Disparities, may make grants to eligible entities to study behavioral factors that lead to increased HIV/AIDS prevalence in minority groups. (b) Eligible entities For purposes of this section, an eligible entity is a public or private organization with one or more published studies on behaviors. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2014 through 2017. Any funds made available to the Secretary pursuant to the previous sentence for a fiscal year shall remain available until expended but in no case after fiscal year 2017.
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113-hr-2894
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I 113th CONGRESS 1st Session H. R. 2894 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Ribble introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To discontinue eligibility of former Members of Congress and their dependents for coverage under the Federal Employees Health Benefit Program (FEHBP) if the Patient Protection and Affordable Care Act is repealed.
1. Short title This Act may be cited as the No Health Care for Life for Congress Act of 2013 . 2. Discontinuing eligibility of former Members of Congress and their dependents for coverage under FEHBP if PPACA is repealed (a) In general Notwithstanding any other provision of law, if the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is repealed, as of the first day of the first month beginning 30 days after the date of enactment of such repeal, any individual who is a former Member of Congress shall not be eligible to enroll or continue coverage for the former Member or the former Member’s dependents in a health benefits plan under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code. (b) Limitation Subsection (a) only applies to coverage derived by virtue of service as a former Member of Congress and does not apply to coverage under section 8905a of title 5, United States Code. (c) Former Member defined In this section, the term former Member of Congress means an individual who— (1) who was a member of the Senate or House of Representatives, a Delegate to the House of Representatives, or the Resident Commissioner from Puerto Rico; and (2) who qualifies for coverage under chapter 89 of title 5, United States Code, as an annuitant under section 8901(3)(A) of such title immediately after retirement as such a member, Delegate, or Resident Commissioner.
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113-hr-2895
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I 113th CONGRESS 1st Session H. R. 2895 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Richmond introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on the Judiciary and Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 to extend the reduced interest rate for Federal Direct Stafford Loans, and for other purposes.
1. Short title This Act may be cited as the Student Loan Accessibility Act . 2. Interest rate extension (a) Amendments Section 455(b)(7)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7)(D) ) is amended— (1) in the matter preceding clause (i), by striking and before July 1, 2013, and inserting and before July 1, 2014, ; and (2) in clause (v), by striking and before July 1, 2013, and inserting and before July 1, 2014, . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted on July 1, 2013. 3. Modification of good time conduct calculation (a) In general Section 3624(b) of title 18, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Subject to paragraphs (2) and (3)(C), a prisoner who is serving a term of imprisonment of more than 1 year, other than a term of imprisonment for the duration of the prisoner’s life, shall receive credit toward the service of the prisoner’s sentence, in addition to the time actually served by the prisoner, beginning on the date on which the sentence of the prisoner commences, at the rate of 84 days per year of sentence imposed, if the Bureau of Prisons determines that the prisoner has displayed exemplary compliance with institutional disciplinary regulations. ; and (2) by striking paragraphs (3) and (4) and inserting the following: (3) (A) This subsection shall apply to all prisoners serving a term of imprisonment for offenses committed on or after November 1, 1987. (B) With respect to a prisoner serving a term of imprisonment on the date of enactment of the Student Loan Accessibility Act, this subsection shall apply to the entirety of the sentence imposed on the prisoner, including time already served. (C) A prisoner may not be awarded credit under this subsection that would cause the prisoner to be eligible for release earlier than the time already served by the prisoner on the imposed sentence. . (b) Effective date The amendments made by paragraph (1) shall take effect 90 days after the date of enactment of this Act. 4. Modification of the TSA Administrator’s authority to receive, assess, and distribute intelligence information related to transportation security The Transportation Security Administration Administrator shall not implement the Screening of Passengers by Observation Techniques (SPOT) program developed pursuant to the enactment of the Aviation and Transportation Security Act ( Public Law 107–71 ). Any un-obligated funds for the SPOT program shall be returned to the United States Treasury in an expeditious manner.
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113-hr-2896
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I 113th CONGRESS 1st Session H. R. 2896 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Ms. Slaughter (for herself, Mr. Higgins , Mr. Maffei , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions relating to grants, and for other purposes.
1. Short title This Act may be cited as the Brownfields Utilization, Investment, and Local Development Act of 2013 or the BUILD Act . 2. Expanded eligibility for nonprofit organizations Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(1) ) is amended— (1) in subparagraph (G), by striking or after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; (J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); (K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or (L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986). . 3. Multipurpose brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) is amended— (1) by redesignating paragraphs (4) through (9) and (10) through (12) as paragraphs (5) through (10) and (13) through (15), respectively; (2) in paragraph (3)(A), by striking subject to paragraphs (4) and (5) and inserting subject to paragraphs (5) and (6) ; and (3) by inserting after paragraph (3) the following: (4) Multipurpose brownfields grants (A) In general Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. (B) Grant amounts (i) Individual grant amounts Each grant awarded under this paragraph shall not exceed $950,000. (ii) Cumulative grant amounts The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. (C) Criteria In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able— (i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; (ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and (iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. (D) Condition As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension. . 4. Treatment of certain publicly owned brownfield sites Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(2) ) is amended by adding at the end the following: (C) Exemption for certain publicly owned brownfield sites Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)). . 5. Increased funding for remediation grants Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A)(ii) ) is amended by striking $200,000 for each site to be remediated and inserting $500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site . 6. Allowing administrative costs for grant recipients Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) (as redesignated by section 3(1)) is amended — (1) in subparagraph (B)— (A) in clause (i)— (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking Notwithstanding clause (i)(IV) and inserting Notwithstanding clause (i)(III) ; and (2) by adding at the end the following: (E) Administrative costs (i) In general An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. (ii) Restriction For purposes of clause (i), the term administrative costs does not include— (I) investigation and identification of the extent of contamination; (II) design and performance of a response action; or (III) monitoring of a natural resource. . 7. Small community technical assistance Paragraph (7)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) (as redesignated by section 3(1)) is amended— (1) by striking The Administrator and inserting the following: (i) In general The Administrator ; and (2) by inserting after clause (i) (as added by paragraph (1)) the following: (ii) Small community recipients In carrying out the program under clause (i), the Administrator shall give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 individuals, as determined by the latest available decennial census. . 8. Waterfront brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) is amended by inserting after paragraph (10) (as redesignated by section 3(1)) the following: (11) Waterfront brownfield sites (A) Definition of waterfront brownfield site In this paragraph, the term waterfront brownfield site means a brownfield site that is adjacent to a body of water or a federally designated floodplain. (B) Requirements In providing grants under this subsection, the Administrator shall— (i) take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site; and (ii) give consideration to waterfront brownfield sites. . 9. Clean energy brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) (as amended by section 8) is amended by inserting after paragraph (11) the following: (12) Clean energy projects at brownfield sites (A) Definition of clean energy project In this paragraph, the term clean energy project means— (i) a facility that generates renewable electricity from wind, solar, or geothermal energy; and (ii) any energy efficiency improvement project at a facility, including combined heat and power and district energy. (B) Establishment The Administrator shall establish a program to provide grants— (i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at 1 or more brownfield sites; and (ii) to capitalize a revolving loan fund for the purposes described in clause (i). (C) Maximum amount A grant under this paragraph shall not exceed $500,000. . 10. Targeted funding for States Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) (as redesignated by section 3(1)) is amended by adding at the end the following: (C) Targeted funding Of the amounts made available under subparagraph (A) for a fiscal year, the Administrator may use not more than $2,000,000 to provide grants to States for purposes authorized under section 128(a), subject to the condition that each State that receives a grant under this subparagraph shall have used at least 50 percent of the amounts made available to that State in the previous fiscal year to carry out assessment and remediation activities under section 128(a). . 11. Authorization of appropriations (a) Brownfields revitalization funding Paragraph (15)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) (as redesignated by section 3(1)) is amended by striking 2006 and inserting 2016 . (b) State response programs Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9628(a)(3) ) is amended by striking 2006 and inserting 2016 .
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113-hr-2897
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I 113th CONGRESS 1st Session H. R. 2897 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Takano introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to provide grants for core curriculum development.
1. Short title This Act may be cited as the Access to Complete Education Act . 2. New part I (Core Curriculum Development) (a) In general Title I of the Elementary and Secondary Education Act of 1965 is amended by redesignating part I as J and inserting after part H the following: I Core Curriculum Development 1851. Grants authorized (a) Purpose The purpose of this section is to support systemic, comprehensive education reform by strengthening the instruction of music and arts, foreign languages, civics and government, economics, history, geography, and physical education and health as an integral part of the elementary and secondary school curriculum. (b) Authority The Secretary is authorized to award grants to local educational agencies to promote and strengthen one or more of the subjects specified in subsection (a) as an integral part of the elementary school and secondary school curriculum. (c) Application To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority In awarding grants to local educational agencies under this section, the Secretary shall give priority to local educational agencies with greater— (1) numbers of children who are counted under section 1124(c); and (2) percentages of children from families below the poverty line. (e) Use of funds Funds may be used to expand access to the subjects specified in subsection (a) by— (1) expanding the amount of instructional time on these subjects; (2) providing for curriculum development that is aligned with State standards where relevant; (3) providing essential materials and textbooks that are aligned with State standards where relevant; (4) partnering with Federal, State, and community-based organizations and institutions to increase student learning in these subjects; (5) providing professional development to ensure curricula are implemented effectively; and (6) creating and using formative assessments where appropriate to advance student achievement and improve instruction. (f) Conditions As a condition of receiving assistance made available under this section, the Secretary shall require each local educational agency receiving such assistance— (1) to coordinate, to the extent practicable, each project or program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and organizations, including museums, education associations, libraries, and theaters; and (2) to use such assistance only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this section. (g) Evaluations (1) In general Each local educational agency that receives funds under this section shall provide the Secretary, at the conclusion of every fiscal year during which the funds are received, with an evaluation, in a form prescribed by the Secretary. This evaluation shall include— (A) a description of the programs and activities conducted by the local educational agency with funds received; (B) data on curriculum and partnerships developed; (C) data on the amount of time spent on subjects allowed for under the grant; and (D) other information as determined by the Secretary. (2) Use of evaluation An evaluation provided by a local educational agency shall be used by the local educational agency and the State educational agency for improvement of programs and activities. (h) Consultation In carrying out this section, the Secretary shall consult with relevant Federal and State agencies or institutions, educators (including professional education associations), organizations representing subjects funded under this part. (i) Authorization of Appropriations There are authorized to be appropriated for grants under this section the following: (1) $250,000,000 for fiscal year 2014. (2) $300,000,000 for fiscal year 2015. (3) $350,000,000 for fiscal year 2016. (4) $400,000,000 for fiscal year 2017. (5) $450,000,000 for fiscal year 2018. (6) $500,000,000 for fiscal year 2019. . (b) Conforming amendments The following provisions of the Elementary and Secondary Education Act of 1965 are each amended by striking part I and inserting part J : (1) Section 1304(c)(2) ( 20 U.S.C. 6394(c)(2) ). (2) Section 1415(a)(2)(C) ( 20 U.S.C. 6435(a)(2)(C) ).
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113-hr-2898
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I 113th CONGRESS 1st Session H. R. 2898 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Thompson of Mississippi (for himself, Mr. Harper , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to modify the composition of the southern judicial district of Mississippi, and for other purposes.
1. Short title This Act may be cited as the Division Realignment Act of 2013 . 2. Realignment of Southern District of Mississippi Section 104(b) of title 28, United States Code, is amended to read as follows: (b) Southern District The southern district comprises four divisions. (1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo. Court for the Northern Division shall be held at Jackson. (2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone. Court for the Southern Division shall be held at Gulfport. (3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall. Court for the Eastern Division shall be held at Hattiesburg. (4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson. Court for the Western Division shall be held at Natchez. . 3. Effective date This Act and the amendment made by this Act shall take effect on the date of the enactment of this Act.
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113-hr-2899
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I 113th CONGRESS 1st Session H. R. 2899 IN THE HOUSE OF REPRESENTATIVES July 31, 2013 Mr. Welch (for himself and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the quarterly wages paid threshold for classification as an agricultural labor employer for purposes of unemployment taxes.
1. Short title This Act may be cited as the Growing Small Farms Act of 2013 . 2. Increase in quarterly wages paid threshold for classification as agricultural labor employer (a) In general Subparagraph (A) of section 3306(a)(2) of the Internal Revenue Code of 1986 is amended by striking $20,000 and inserting $40,000 . (b) Employment Clause (i) of section 3306(c)(1)(A) of such Code is amended by striking $20,000 and inserting $40,000 . (c) Inflation adjustment Paragraph (2) of section 3306(a) of such Code, as amended by subsection (a), is amended— (1) by striking In the case of agricultural labor and inserting (A) In the case of agricultural labor , (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right, and (3) by adding at the end the following new subparagraph: (B) In the case of any year beginning after 2014, the dollar amounts contained in subparagraph (A) and subsection (c)(1)(A)(i) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100. . (d) Effective date The amendment made by subsection (a) shall apply with respect to remuneration paid after December 31, 2013, for services performed after such date.
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113-hr-2900
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I 113th CONGRESS 1st Session H. R. 2900 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Broun of Georgia introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , Natural Resources , the Judiciary , House Administration , Appropriations , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010; to amend the Internal Revenue Code of 1986 to repeal the percentage floor on medical expense deductions, expand the use of tax-preferred health care accounts, and establish a charity care credit; to amend the Social Security Act to create a Medicare Premium Assistance Program, reform EMTALA requirements, and to replace the Medicaid program and the Children’s Health Insurance program with a block grant to the States; to amend the Public Health Service Act to provide for cooperative governing of individual and group health insurance coverage offered in interstate commerce; and for other purposes.
1. Short title; table of contents; construction (a) Short title This Act may be cited as the Offering Patients True Individualized Options Now Act of 2013 or the OPTION Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; construction. Title I—Repeal of PPACA and HCERA Sec. 101. Repeal of PPACA and HCERA. Title II—Health Care Tax Reform Subtitle A—HSA Reform Sec. 201. Repeal of high deductible health plan requirement. Sec. 202. Increase in deductible HSA contribution limitations. Sec. 203. Medicare eligible individuals eligible to contribute to HSA. Sec. 204. HSA Rollover to Medicare Advantage MSA. Sec. 205. Repeal of additional tax on distributions not used for qualified medical expenses. Subtitle B—Other Health Care Tax Reform Sec. 206. Elimination of 10-percent floor on medical expense deductions. Sec. 207. Repeal of prescribed drug limitation on certain tax benefits for medical expenses. Sec. 208. Repeal of 2-percent miscellaneous itemized deduction floor for medical expense deductions. Sec. 209. Charity care credit. Sec. 210. Credit for contributions made for purpose of providing medical care to the indigent. Sec. 211. COBRA continuation coverage extended. Sec. 212. HSA charitable contributions. Title III—Medicare Premium Assistance Program Sec. 301. Replacement of Medicare part A entitlement with Medicare Reform Premium Assistance Program. Sec. 302. Gradual phasing out of CMS and transfer of functions to Department of the Treasury. Title IV—EMTALA Reforms Sec. 401. EMTALA reforms. Title V—Cooperative Governing of Individual and Group Health Insurance Coverage Sec. 501. Cooperative governing of individual and group health insurance coverage. Sec. 502. Continuing State authority. Title VI—State Health Flexibility Sec. 601. Short title. Sec. 602. Health grants to the States for health care services to indigent individuals. Sec. 603. Repeal of Federal requirements of Medicaid and CHIP. Sec. 604. Severability. Sec. 605. Effective date. (c) Construction Nothing in this Act shall be construed to preclude or prohibit a health care provider or health insurance issuer from publicly disclosing any pricing of services provided or covered. I Repeal of PPACA and HCERA 101. Repeal of PPACA and HCERA The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 are each repealed, effective as of the respective date of enactment of each such Act, and the provisions of law amended or repealed by such Acts are restored or revived as if such Acts had not been enacted. II Health Care Tax Reform A HSA Reform 201. Repeal of high deductible health plan requirement (a) In general Section 223 of the Internal Revenue Code of 1986 is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (b) Conforming amendments (1) Subsection (a) of section 223 of such Code is amended to read as follows: (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual. . (2) Subsection (b) of section 223 of such Code is amended by striking paragraph (8). (3) Subparagraph (A) of section 223(c)(1) of the Internal Revenue Code of 1986 (as redesignated by subsection (b)(1)) is amended— (A) by striking subsection (f)(5) and inserting subsection (e)(5) , and (B) in clause (ii)— (i) by striking the sum of— and all that follows and inserting the dollar amount in effect under subsection (b)(1). . (4) Section 223(f)(1) of such Code (as redesignated by subsection (b)(1)) is amended by striking Each dollar amount in subsections (b)(2) and (c)(2)(A) and inserting In the case of a taxable year beginning after December 31, 2010, each dollar amount in subsection (b)(1) . (5) Section 26(b)(U) of such Code is amended by striking section 223(f)(4) and inserting section 223(e)(4) . (6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) each place it appears and inserting section 223(c) . (7) Section 106(d)(1) of such Code is amended— (A) by striking who is an eligible individual (as defined in section 223(c)(1)) , and (B) by striking section 223(d) and inserting section 223(c) . (8) Section 408(d)(9) of such Code is amended— (A) in subparagraph (A) by striking who is an eligible individual (as defined in section 223(c)) and , and (B) in subparagraph (C) by striking computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution . (9) Section 877A(g)(6) of such Code is amended by striking 223(f)(4) and inserting 223(e)(4) . (10) Section 4973(g) of such Code is amended— (A) by striking section 223(d) and inserting section 223(c) , (B) in paragraph (2), by striking section 223(f)(2) and inserting section 223(e)(2) , and (C) by striking section 223(f)(3) and inserting section 223(e)(3) . (11) Section 4975 of such Code is amended— (A) in subsection (c)(6)— (i) by striking section 223(d) and inserting section 223(c) , and (ii) by striking section 223(e)(2) and inserting section 223(d)(2) , and (B) in subsection (e)(1)(E), by striking section 223(d) and inserting section 223(c) . (12) Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) and inserting section 223(g) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 202. Increase in deductible HSA contribution limitations (a) In general Paragraph (1) of section 223(b) of the Internal Revenue Code of 1986 is amended by striking the sum of the monthly and all that follows through eligible individual and inserting $10,000 ($20,000 in the case of a joint return) . (b) Conforming amendments (1) Subsection (b) of such Code is amended by striking paragraphs (2), (3), and (5) and by redesignating paragraphs (4), (6), and (7) as paragraphs (2), (3), and (4), respectively. (2) Paragraph (2) of section 223(b) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 203. Medicare eligible individuals eligible to contribute to HSA (a) Subsection (b) of section 223 of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (b) Paragraph (1) of section 223(c) of such Code is amended by adding at the end the following new subparagraph: (C) Special rule for individuals entitled to benefits under medicare In the case of an individual— (i) who is entitled to benefits under title XVIII of the Social Security Act, and (ii) with respect to whom a health savings account is established in a month before the first month such individual is entitled to such benefits, such individual shall be deemed to be an eligible individual. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 204. HSA Rollover to Medicare Advantage MSA (a) In general Paragraph (2) of section 138(b) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (A), by adding or at the end of subparagraph (C), and by adding at the end the following new subparagraph: (C) a HSA rollover contribution described in subsection (d)(5), . (b) HSA rollover contribution Subsection (c) of section 138 of such Code is amended by adding at the end the following new paragraph: (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirement of subparagraphs (A) and (B). (A) In general The requirements of this subparagraph are met in the case of an amount paid or distributed from a health savings to the account beneficiary to the extent the amount is received is paid into a Medicare Advantage MSA of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a health savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a health savings account which was not includible in the individual’s gross income because of the application of section 223(f)(5)(A). . (c) Conforming amendment Subparagraph (A) of section 223(f)(5) of such Code is amended by inserting or Medicare Advantage MSA after into a health savings account . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 205. Repeal of additional tax on distributions not used for qualified medical expenses (a) In general Subsection (f) of section 223 of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and redesignating paragraphs (5), (6), and (7) and paragraphs (4), (5), and (6), respectively. (b) Conforming amendments (1) Paragraph (2) of section 25(b) of such Code is amended by striking subparagraph (U) and by redesignating subparagraphs (V), (W), and (X) as subparagraphs (U), (V), and (W). (2) Subparagraph (C) of section 106(e)(4) of such Code is amended by striking 223(f)(5) and inserting 223(f)(4) . (3) Paragraph (6) of section 877A(g) of such Code is amended by striking 223(f)(4), . (4) Paragraph (1) of section 4973(g) of such Code is amended by striking 223(f)(5) and inserting 223(f)(4) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. B Other Health Care Tax Reform 206. Elimination of 10-percent floor on medical expense deductions (a) In general Subsection (a) of section 213 of the Internal Revenue Code of 1986 is amended by striking , to the extent that such expenses exceed 10 percent of adjusted gross income . (b) Conforming amendment Paragraph (1) of section 56(b) of such Code is amended by striking subparagraph (B). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 207. Repeal of prescribed drug limitation on certain tax benefits for medical expenses (a) Deduction for medical expenses (1) In general Section 213 of the Internal Revenue Code of 1986 is amended by striking subsection (b). (2) Conforming amendment Subsection (d) of section 213 of such Code is amended by striking paragraph (3). (b) Treatment of reimbursements under accident or health plans Section 106 of such Code is amended by striking subsection (f). (c) Health savings accounts Subparagraph (A) of section 223(d)(2) of such Code is amended by striking the last sentence thereof. (d) Archer MSAs Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence thereof. (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 208. Repeal of 2-percent miscellaneous itemized deduction floor for medical expense deductions (a) In general Subsection (b) of section 67 of the Internal Revenue Code of 1986 is amended by striking paragraph (5). (b) Effective date The amendment made by this section shall apply to taxable years beginning after the December 31, 2012. 209. Charity care credit (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Charity care credit (a) Allowance of credit In the case of a physician, there shall be allowed as a credit against the tax imposed by this chapter for a taxable year the amount determined in accordance with the following table: If the physician has provided during such taxable year: The amount of the credit is: At least 25 but less than 30 qualified hours of charity care $2,000. At least 30 but less than 35 qualified hours of charity care $2,400. At least 35 but less than 40 qualified hours of charity care $2,800. At least 40 but less than 45 qualified hours of charity care $3,200. At least 45 but less than 50 qualified hours of charity care $3,600. At least 50 but less than 55 qualified hours of charity care $4,000. At least 55 but less than 60 qualified hours of charity care $4,400. At least 60 but less than 65 qualified hours of charity care $4,800. At least 65 but less than 70 qualified hours of charity care $5,200. At least 70 but less than 75 qualified hours of charity care $5,600. At least 75 but less than 80 qualified hours of charity care $6,000. At least 80 but less than 85 qualified hours of charity care $6,400. At least 85 but less than 90 qualified hours of charity care $6,800. At least 90 but less than 95 qualified hours of charity care $7,200. At least 95 but less than 100 qualified hours of charity care $7,600. At least 100 hours of charity care $8,000. (b) Qualified hours of charity care For purposes of this section— (1) Qualified hours of charity care The term qualified hours of charity care means the hours that a physician provides medical care (as defined in section 213(d)(1)(A)) on a volunteer or pro bono basis. (2) Physician The term physician has the meaning given to such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Charity care credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 210. Credit for contributions made for purpose of providing medical care to the indigent (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Contributions for providing medical care to the indigent (a) In general There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the indigent care contributions made by the taxpayer during the taxable year. (b) Indigent care contribution For purposes of this section, the term indigent care contribution means any contribution or gift of money or other property to or for the use of any person if such contribution or gift is used (or the proceeds from which are used) by such person for the purpose of providing medical care to indigent individuals in the United States. (c) Valuation and substantiation of contributions, etc Rules similar to the rules of subsections (e) and (f) of section 170 shall apply for purposes of this section. (d) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to indigent care contributions made by— (A) any corporation or partnership, or (B) any other person if such contribution was made in connection with a trade or business carried on by such person, shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (e) Denial of double benefit The amount of any deduction or other credit allowable under this chapter for any indigent care contribution shall be reduced by the amount of credit allowable under this section for such contribution. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the portion of the credit described in section 30E(d)(1) (relating to credit for contributions for providing medical care to the indigent). . (2) Section 38(c)(4)(B) of such Code is amended by striking and at the end of clause (viii), by striking the period at the end of clause (ix) and inserting , and , and by adding at the end the following new clause: (x) the portion of the credit described in section 30E(d)(1) (relating to credit for contributions for providing medical care to the indigent). . (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30E. Contributions for providing medical care to the indigent. . (c) Effective date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act. 211. COBRA continuation coverage extended (a) Under IRC Subparagraph (B) of section 4980B(f)(2) of the Internal Revenue Code of 1986 is amended by striking clauses (i) and (v) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (b) Under ERISA Paragraph (2) of section 602 of the Employee Retirement Income Security Act of 2009 (29 U.S.C. 1162) is amended by striking subparagraphs (A) and (E) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (c) Under PHSA Paragraph (2) of section 2202(2) of the Public Health Service Act ( 42 U.S.C. 300bb–2(2) ) is amended by striking subparagraphs (A) and (E) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (d) Effective date The amendments made by this section shall apply with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after the date of the enactment of this Act. 212. HSA charitable contributions (a) In general Subsection (f) of section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Distributions for charitable purposes For purposes of this subsection— (A) In general Paragraph (2) shall not apply to any qualified charitable distributions with respect to a taxpayer made during any taxable year. (B) Qualified charitable distribution For purposes of this paragraph, the term qualified charitable distribution means any distribution from a health savings account which is made directly by the trustee to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)). A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A). (C) Contributions must be otherwise deductible For purposes of this paragraph, a distribution to an organization described in subparagraph (B) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). (D) Denial of deduction Qualified charitable distributions which are not includible in gross income pursuant to subparagraph (A) shall not be taken into account in determining the deduction under section 170. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. III Medicare Premium Assistance Program 301. Replacement of Medicare part A entitlement with Medicare Reform Premium Assistance Program (a) In general Section 226 of the Social Security Act ( 42 U.S.C. 426 ) is amended by adding at the end the following new subsections: (k) Replacement of entitlement with premium assistance program (1) In general Notwithstanding the previous provisions of this section, beginning the first January 1 after the date of the enactment of the Offering Patients True Individualized Options Now Act of 2013 , the Secretary shall establish procedures under which— (A) in the case of an individual who, but for the application of this paragraph, would otherwise become entitled under subsection (a) on or after such January 1 to benefits under part A of title XVIII, subject to paragraph (4), the individual shall in lieu of such entitlement be automatically enrolled in the Medicare Reform Premium Assistance Program established under subsection (l); and (B) in the case of an individual who before such January 1 is entitled under subsection (a) to benefits under part A of title XVIII, the individual may in lieu of such entitlement elect on or after such January 1 to enroll in the Medicare Reform Premium Assistance Program established under subsection (l). (2) Treatment under the Internal Revenue Code of 1986 An individual who is enrolled under the Medicare Reform Premium Assistance Program under paragraph (1) shall not be treated as entitled to benefits under title XVIII for purposes of section 223(b)(7) of the Internal Revenue Code of 1986. (3) Ineligibility for part B or D benefits An individual shall not be eligible for benefits under part B or D of title XVIII once the individual is enrolled in the Medicare Reform Premium Assistance Program under paragraph (1). (4) Opt out (A) In general Any individual who is otherwise eligible for automatic enrollment in the Medicare Reform Premium Assistance Program under paragraph (1)(A) may elect (in such form and manner as may be specified by the Secretary of Health and Human Services) to not be so enrolled. (B) Individuals electing to opt out not treated as entitled to Medicare benefits In the case of an individual who makes an election under subparagraph (A)— (i) such individual shall not be eligible for benefits under part A of title XVIII; and (ii) the provisions of paragraphs (2) and (3) shall apply to such individual in the same manner as such paragraphs apply to an individual enrolled under the Medicare Reform Premium Assistance Program under paragraph (1). (l) Medicare Reform Premium Assistance (1) Establishment of premium assistance program The Secretary shall establish a program to be known as the Medicare Reform Premium Assistance Program (in this subsection referred to as the premium assistance program ) consistent with this subsection. (2) Automatic enrollment An individual otherwise entitled under subsection (a) to benefits under part A of title XVIII shall, subject to subsection (k)(4), be enrolled in the premium assistance program for the period during which such individual would otherwise be so entitled to benefits. (3) Amount of premium assistance (A) In general Subject to clause (ii), for each year that an individual is enrolled in the premium assistance program, the Secretary shall provide premium assistance to such individual in an amount determined by the Secretary that is based on the geographic location of the individual and the cost of applicable health insurance coverage and benefits in such area. (B) Computation of premium assistance amounts The amount of premium assistance provided to an individual located in a geographic area for a year shall be computed at 100 percent of the sum of the median premium and median deductible payment for such year for all health insurance coverage offered by health insurance issuers in the individual market serving such area. (4) Permissible use of premium assistance Premium assistance under paragraph (3) may be used only for the following purposes: (A) For payment of premiums, deductibles, copayments, or other cost-sharing for enrollment of such individual for health insurance coverage offered by health insurance issuers in the individual market. (B) As a contribution into a MSA plan established by such individual, as defined in section 138(b)(2) of the Internal Revenue Code of 1986. (5) MSA deposits The amount of the premium assistance received by an individual under this subsection shall be deposited, on behalf of such individual, into the MSA plan of such individual. . (b) Effective date The amendment made by this section shall take effect on the first January 1 after the date of the enactment of this Act. 302. Gradual phasing out of CMS and transfer of functions to Department of the Treasury (a) In general Beginning on January 1 of the first year beginning after the date of the enactment of this Act, the Secretary shall provide for the gradual phasing out over a period (not to exceed 10 years) of the Office of the Administrator of the Centers for Medicare & Medicaid Services and such Centers and the transfer of the duties and responsibilities of such Administrator and Centers to such an office and official within the Department of the Treasury as the Secretary of the Treasury shall specify. (b) References Any reference in law to the Administrator of the Centers for Medicare & Medicaid Services, or to such Centers, is deemed to include a reference to such official and office, respectively, within the Department of the Treasury as is specified under subsection (a). IV EMTALA Reforms 401. EMTALA reforms (a) Use of qualified emergency department personnel in performing initial screening Subsection (a) of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ) is amended— (1) by designating the sentence beginning with In the case of as paragraph (1), with the heading In general.— and appropriate indentation; and (2) by adding at the end the following new paragraph: (2) Permitting application of ER triage (A) In general The requirement of paragraph (1) that a hospital conduct an appropriate medical screening examination of an individual is deemed to be satisfied if a qualified emergency screener (as defined in subparagraph (B)) performs a preliminary triage-type screening in which the personnel— (i) assesses the nature and extent of the individual’s illness or injury; and (ii) determines, based on such assessment, that an emergency medical condition does not exist. (B) Qualified emergency screener defined In this paragraph, the term qualified emergency screener means a physician, licensed practical nurse or registered nurse, qualified emergency medical technician, or other individual with basic, health care education that meets standards specified by the Secretary as being sufficient to perform the screening described in subparagraph (A). . (b) Revision of emergency medical condition definition Subsection (e)(1)(A) of such section is amended to read as follows: (A) a medical condition manifesting itself by symptoms of sufficient severity (including severe pain) and with an onset or of a course such that the absence of immediate medical attention could reasonably be expected to pose an immediate risk to life or long-term health of the individual (or, with respect to a pregnant woman, the life or long-term health of the woman or her unborn child); or . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to individuals who come to an emergency room on or after the date that is 30 days after the date of the enactment of this Act. V Cooperative Governing of Individual and Group Health Insurance Coverage 501. Cooperative governing of individual and group health insurance coverage (a) In general Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following new part: D Cooperative Governing of Individual and Group Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual or group health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual or group health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. (2) Secondary state The term secondary State means, with respect to individual or group health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. (4) Individual health insurance coverage The term individual health insurance coverage means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). (5) Group health insurance coverage The term group health insurance coverage has the meaning given such term in 2791(b)(4). (6) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. (7) Hazardous financial condition The term hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (8) Covered laws (A) In general The term covered laws means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— (i) individual or group health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual or group health insurance coverage to an individual; (iii) the provision to an individual in relation to individual or group health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual or group health insurance coverage of management, operations, and investment activities of a health insurance issuer; and (v) the provision to an individual in relation to individual or group health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. (B) Exception Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. (9) State The term State means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (10) Unfair claims settlement practices The term unfair claims settlement practices means only the following practices: (A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. (B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. (C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. (D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. (E) Refusing to pay claims without conducting a reasonable investigation. (F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. (G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. (H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. (I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. (J) Failing to provide forms necessary to present claims within 15 calendar days of a requests with reasonable explanations regarding their use. (K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. (11) Fraud and abuse The term fraud and abuse means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: (A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract. (ii) The rating of an insurance policy or reinsurance contract. (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. (iv) Premiums paid on an insurance policy or reinsurance contract. (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. (vii) The financial condition of an insurer or reinsurer. (viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. (ix) The issuance of written evidence of insurance. (x) The reinstatement of an insurance policy. (B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. (C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. (D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. 2796. Application of law (a) In general The covered laws of the primary State shall apply to individual and group health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State. (b) Exemptions from covered laws in a secondary state Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual or group health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would— (1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer— (A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; (B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; (C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer’s financial condition, if— (i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and (ii) any such examination is conducted in accordance with the examiners’ handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; (D) to comply with a lawful order issued— (i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or (ii) in a voluntary dissolution proceeding; (E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; (F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; (G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or (I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; (2) require any individual or group health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that Secondary State; or (3) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. (c) Clear and conspicuous disclosure A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: Notice: This policy is issued by ____ and is governed by the laws and regulations of the State of ____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. . (d) Prohibition on certain reclassifications and premium increases (1) In general For purposes of this section, a health insurance issuer that provides individual or group health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— (A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health status-related factors of the individual; or (B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. (2) Construction Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— (A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; (B) from raising premium rates for all policy holders within a class based on claims experience; (C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— (i) are disclosed to the consumer in the insurance contract; (ii) are based on specific wellness activities that are not applicable to all individuals; and (iii) are not obtainable by all individuals to whom coverage is offered; (D) from reinstating lapsed coverage; or (E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (e) Prior offering of policy in primary state A health insurance issuer may not offer for sale individual or group health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. (f) Licensing of agents or brokers for health insurance issuers Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual or group health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (g) Documents for submission to state insurance commissioner Each health insurance issuer issuing individual or group health insurance coverage in both primary and secondary States shall submit— (1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual or group health insurance coverage in such State— (A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); (B) written notice of any change in its designation of its primary State; and (C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and (2) to the insurance commissioner of each secondary State in which it offers individual or group health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— (A) a member of the American Academy of Actuaries; or (B) a qualified loss reserve specialist. (h) Power of courts To enjoin conduct Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— (1) the solicitation or sale of individual or group health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) the solicitation or sale of individual or group health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). (i) Power of Secondary States To Take Administrative Action Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). (j) State powers To enforce state laws (1) In general Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). (2) Courts of competent jurisdiction If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. (k) States’ authority To sue Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. (l) Generally applicable laws Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual or group health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. 2797. Primary State must meet Federal floor before issuer may sell into secondary States A health insurance issuer may not offer, sell, or issue individual or group health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. 2798. Independent external appeals procedures (a) Right to External Appeal A health insurance issuer may not offer, sell, or issue individual or group health insurance coverage in a secondary State under the provisions of this title unless— (1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage or group health insurance offered by a health insurance issuer, respectively, or (2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the Health Carrier External Review Model Act of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. (b) Qualifications of Independent Medical Reviewers In the case of any independent review mechanism referred to in subsection (a)(2): (1) In general In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— (A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); (B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and (C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). (2) Licensure and expertise Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— (A) is appropriately credentialed or licensed in 1 or more States to deliver health care services; and (B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (3) Independence (A) In general Subject to subparagraph (B), each independent medical reviewer in a case shall— (i) not be a related party (as defined in paragraph (7)); (ii) not have a material familial, financial, or professional relationship with such a party; and (iii) not otherwise have a conflict of interest with such a party (as determined under regulations). (B) Exception Nothing in subparagraph (A) shall be construed to— (i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if— (I) a non-affiliated individual is not reasonably available; (II) the affiliated individual is not involved in the provision of items or services in the case under review; (III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and (IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; (ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or (iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). (4) Practicing health care professional in same field (A) In general In a case involving treatment, or the provision of items or services— (i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or (ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (B) Practicing defined For purposes of this paragraph, the term practicing means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. (5) Pediatric expertise In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. (6) Limitations on reviewer compensation Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall— (A) not exceed a reasonable level; and (B) not be contingent on the decision rendered by the reviewer. (7) Related party defined For purposes of this section, the term related party means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: (A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. (B) The enrollee (or authorized representative). (C) The health care professional that provides the items or services involved in the denial. (D) The institution at which the items or services (or treatment) involved in the denial are provided. (E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. (F) Any other party determined under any regulations to have a substantial interest in the denial involved. (8) Definitions For purposes of this subsection: (A) Enrollee The term enrollee means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. (B) Health care professional The term health care professional means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. 2799. Enforcement (a) In general Subject to subsection (b), with respect to specific individual or group health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State’s covered laws in the primary State and any secondary State. (b) Secondary state’s authority Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). (c) Court interpretation In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. (d) Notice of compliance failure In the case of individual health insurance coverage offered in a secondary State, or group health insurance coveraged offered by a health insurance issuer in a secondary State, that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State. . (b) Effective date The amendment made by subsection (a) shall apply to health insurance coverage offered, issued, or sold after the date that is one year after the date of the enactment of this Act. (c) GAO ongoing study and reports (1) Study The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on— (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). 502. Continuing State authority Nothing in this title, or the amendments made by this title, shall be construed as preventing a State— (1) from permitting residents of the State to purchase of health insurance offered by a health insurance issuer located outside the State; or (2) from permitting groups to directly obtain, through an association health plan or otherwise, health insurance coverage for their members. VI State Health Flexibility 601. Short title This title may be cited as the State Health Flexibility Act of 2013 . 602. Health grants to the States for health care services to indigent individuals (a) Health care block grant to States The Social Security Act is amended by adding at the end the following new title: XXII BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO INDIGENT INDIVIDUALS 2201. Purpose The purpose of this title is to provide Federal financial assistance to the States, in the form of a single grant, to allow the States maximum flexibility in providing, and financing the provision of, health-care-related items and services to indigent individuals. 2202. Grants to States (a) In general Subject to the requirements of this title, each State is entitled to receive from the Secretary of the Treasury a grant for each quarter of fiscal years 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023, in an amount that is equal to 25 percent of the total amount received by a State under title XIX and title XXI for fiscal year 2012. (b) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023 such sums as are necessary for grants under this section. (c) Requirements relating to intergovernmental financing The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code. (d) Expenditure of funds (1) In general Except as provided in paragraph (2), amounts received by a State under this title for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (2) Use of rainy day fund permitted Of the amounts received by a State under this title, the State may set aside, in a separate account, such amounts as the State deems necessary to provide, without fiscal limitation, health-care-related items and services for indigent individuals during— (A) periods of unexpectedly high rates of unemployment; or (B) periods related to circumstances that are not described in subparagraph (A) and that cause unexpected increases in the need for such items and services for such individuals. (3) Funds remaining after fiscal year 2022 If, after fiscal year 2023, a State has funds in the account under paragraph (2), the State may only expend such funds if such funds are used in a manner that is permitted under subsection (e), as such subsection is in effect on September 30, 2023. (e) Use of funds A State may only use the amounts received under subsection (a) as follows: (1) General purpose For the purpose under section 2201, including the provision of health-care-related items and services as required under section 2205. Nothing in this title shall be construed as limiting the flexibility of a State to determine which providers of such items and services qualify to receive payment from a grant made to the State under this title. (2) Funding for risk adjustment mechanisms To fund qualified high risk pools, reinsurance pools, or other risk-adjustment mechanisms used for the purpose of subsidizing the purchase of private health insurance for the high-risk population. (3) Authority to use portion of Federal assistance for other welfare-related programs (A) In general Subject to the limit under subparagraph (B), to carry out a State program pursuant to any or all of the following provisions of law: (i) Part A of title IV of this Act. (ii) Section 1616 of this Act. (iii) The Food and Nutrition Act of 2008. (B) Limitation A State may not use more than 30 percent of the amount received under subsection (a) for a fiscal year to carry out a State program, or programs, under subparagraph (A). (C) Requirements on funds Any amounts that are used under subparagraph (A)— (i) shall not be subject to any of the requirements of subsection (d), subsection (f), section 2204, or section 2205; and (ii) shall be subject to— (I) the audit requirements under section 2203; and (II) any requirements that apply to Federal funds provided directly for such State program. (f) Maintenance of current law restrictions on use of federal funds (1) In general (A) No funding for abortions None of the funds appropriated in this title shall be expended for any abortion. (B) No funds for coverage of abortion None of the funds appropriated in this title shall be expended for health benefits coverage that includes coverage of abortion. (C) Health benefits coverage defined For purposes of this subsection, the term health benefits coverage means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. (2) Exceptions The limitations established in paragraph (1) shall not apply to an abortion in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (3) State funds used in conjunction with Federal funds The limitations established in paragraph (1) shall apply to any State funds used in conjunction with Federal funds appropriated under this title to provide, or finance the provision of, health-care-related items and services to indigent individuals pursuant to section 2201 or subsections (d)(2), (e)(1), or (e)(2) of this section. (4) Option to purchase separate coverage or plan Nothing in this subsection shall be construed as prohibiting a State from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as such coverage or plan is paid for entirely using funds not provided by this title. (5) Option to offer coverage or plan Nothing in this subsection shall restrict any health insurance issuer from offering separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as— (A) premiums for such separate coverage or plan are paid entirely with funds not provided by this title; and (B) administrative costs and all services offered through such separate coverage or plan are paid for using only premiums collected for such coverage or plan. (6) Conscience protections (A) None of the funds appropriated in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (B) In this paragraph, the term health care entity includes an individual physician, pharmacist, or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. (g) No funding for illegal aliens Except as provided under this section and section 2205, no funds appropriated in this title may be used to provide health-care-related items and services to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. (h) Nonentitlement Nothing in this title shall be construed as providing an individual with an entitlement to health-care-related items and services under this title. 2203. Administrative and fiscal accountability (a) Audits (1) Contract with approved auditing entity Not later than October 1, 2014, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year). (2) Audit requirement Under a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under this title, or from State funds described in section 2202(f)(3), with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with this title. (3) Entity conducting audit (A) In general With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles. (B) Approved auditing entity For purposes of this section, the term approved auditing entity means, with respect to a State, an entity that is— (i) approved by the Secretary of the Treasury; (ii) approved by the chief executive officer of the State; and (iii) independent of any Federal, State, or local agency. (4) Submission of audit Not later than December 31, 2014, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (5) Additional accounting requirements The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section. (b) Reimbursement and penalty (1) In general If, through an audit conducted under subsection (a), an approved auditing entity finds that any amounts paid to a State under a grant under this title were not expended in accordance with this title— (A) the State shall pay to the Treasury of the United States any such amount, plus 10 percent of such amount as a penalty; or (B) the Secretary of the Treasury shall offset such amount plus the 10 percent penalty against any other amount in any other fiscal year that the State may be entitled to receive under a grant under this title. (2) Misuse of State funds If, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of section 2202(f)(3), the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 2202(f)(3) as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this title. (c) Annual reporting requirements (1) In general Not later than January 31, 2015, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under this title for such fiscal year. (2) Content A report under paragraph (1) shall, with respect to a fiscal year— (A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B) specify the amount of the grant made to the State under this title that is used to carry out a program under section 2202(e)(3); and (C) be in such form and contain such other information as the State determines is necessary to provide— (i) an accurate description of the activities conducted by the State for the purpose described under section 2201 and any other use of funds permitted under subsections (d) and (e) of section 2202; and (ii) a complete record of the purposes for which amounts were expended in accordance with this title. (3) Conformity with accounting principals Any financial information in the report under paragraph (1) shall be prepared and reported in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code. (4) Public availability A State shall make copies of the reports required under this section available on a public Web site and shall make copies available in other formats upon request. (d) Failure To comply with requirements The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 2202(a)— (1) if an audit for a State is not submitted as required under subsection (a), during the period between the date such audit is due and the date on which such audit is submitted; (2) if a State fails to submit a report as required under subsection (c), during the period between the date such report is due and the date on which such report is submitted; or (3) if a State violates a requirement of section 2202(f), during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State. (e) Administrative supervision and oversight (1) Limited role for Secretary of Treasury and the Attorney general (A) Treasury The authority of the Secretary of the Treasury under this title is limited to— (i) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d); (ii) making quarterly payments to the States under grants under this title in accordance with section 2202(a); (iii) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a); (iv) withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); and (v) exercising the authority relating to nondiscrimination that is specified in section 2204(b). (B) Attorney general The authority of the Attorney General to supervise the amounts received by a State under this title is limited to the authority under section 2204(c). (2) Federal supervision (A) In general Except as provided under paragraph (1), an administrative officer, employee, department, or agency of the United States (including the Secretary of Health and Human Services) may not— (i) supervise— (I) the amounts received by the States under this title; or (II) the use of such amounts by the States; or (ii) promulgate regulations or issue rules in accordance with this title. (B) Limitation on Secretary of Health and Human Services The Secretary of Health and Human Services shall have no authority over any provision of this title. (f) Reservation of State powers Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under this title. 2204. Nondiscrimination provisions (a) No discrimination against individuals No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under this title on the basis of such individual’s— (1) disability under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (2) sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); or (3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance (1) If the Secretary of the Treasury determines that a State or an entity that has received funds from amounts paid to a State under a grant under this title has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2) If, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Secretary of the Treasury may— (A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or (B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable). (c) Civil actions If a matter is referred to the Attorney General under subsection (b)(2)(A), or the Attorney General has reason to believe that a State or entity has failed to comply with a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. 2205. Emergency assistance (a) In general A State that receives a grant under this title for a fiscal year shall provide payment for health-care-related items and services provided to a citizen, legal resident, or an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, consistent with the requirements of section 1867, if— (1) such health-care-related items and services are— (A) necessary for the treatment of an emergency medical condition; and (B) health-care-related items and services that such State would provide payment for under this title, if provided to an indigent individual; (2) the individual meets all necessary eligibility requirements for health-care-related items and services under the State program funded under this title, except for any requirement related to immigration status; and (3) such items and services are not related to an organ transplant procedure. (b) Emergency medical condition For purposes of this section, the term emergency medical condition means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in— (1) placing the patient’s health in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. 2206. Definitions For purposes of this title: (1) Health-care-related items and services The term health-care-related items and services shall be defined by a State with respect to use of such term for purposes of the application of this title to the State. (2) High-Risk Population The term high-risk population means individuals who are described in one of the following subparagraphs: (A) Individuals who, by reason of the existence or history of a medical condition, are able to acquire health coverage only at rates which are at least 150 percent of the standard risk rates for such coverage. (B) Individuals who are provided health coverage by a qualified high risk pool. (3) Indigent individual The term indigent individual shall be defined by a State with respect to use of such term for purposes of the application of this title to the State. (4) Qualified high risk pool The term qualified high risk pool has the meaning given such term in section 2745(g)(1)(A) of the Public Health Service Act. (5) Risk-Adjustment Mechanism Defined For purposes of this section, the term risk-adjustment mechanism means any risk-spreading mechanism to subsidize the purchase of private health insurance for the high-risk population, including a qualified high risk pool. . (b) Report on reduction of Federal administrative expenditures Beginning not later than October 31, 2014, and annually thereafter until October 31, 2023, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall submit a report to the Committee on Energy and Commerce in the House of Representatives and the Finance Committee in the Senate containing a description of the total reduction in Federal expenditures required to administer and provide oversight for the programs to provide health-care-related items and services to indigent individuals under this Act, compared to the expenditures required to administer and provide oversight for the programs under titles XIX and XXI of the Social Security Act, as in effect on September 30, 2012. (c) State defined Section 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended— (1) in the first sentence, by striking and XXI and inserting XXI, and XXII ; and (2) in the fourth sentence, by striking and XXI and inserting , XXI, and XXII . 603. Repeal of Federal requirements of Medicaid and CHIP Titles XIX and XXI of the Social Security Act are repealed. 604. Severability If any provision of this title, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this title, or the application of that provision to other persons or circumstances, shall not be affected. 605. Effective date This title and the amendments made by this title shall take effect with respect to items and services furnished on or after October 1, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2900ih/xml/BILLS-113hr2900ih.xml
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113-hr-2901
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I 113th CONGRESS 1st Session H. R. 2901 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Blumenauer (for himself, Mr. Poe of Texas , Mr. Cole , Mr. Jones , Mr. Ribble , Mr. Rohrabacher , Mr. Sensenbrenner , Mr. Shimkus , Mr. Smith of New Jersey , Mr. Terry , Mr. Hanna , Mr. Schock , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To strengthen implementation of the Senator Paul Simon Water for the Poor Act of 2005 by improving the capacity of the United States Government to implement, leverage, and monitor and evaluate programs to provide first-time or improved access to safe drinking water, sanitation, and hygiene to the world’s poorest on an equitable and sustainable basis, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Senator Paul Simon Water for the World 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. Sense of Congress. Sec. 4. Purpose. Sec. 5. Improving coordination and oversight of safe water, sanitation, and hygiene projects and activities. Sec. 6. Increasing sustainability of safe water, sanitation, and hygiene projects and activities. Sec. 7. United States complimentary strategies to increase sustainable, affordable, and equitable access to safe water, sanitation, and hygiene. Sec. 8. Transparency and monitoring and evaluation. 2. Findings Congress finds the following: (1) The Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533)— (A) makes access to affordable, equitable, and sustainable clean water, sanitation, and hygiene for developing countries a specific policy objective of United States foreign assistance programs; (B) requires the United States Government to— (i) develop a strategy to elevate and further the United States foreign policy and foreign assistance objective to provide affordable and equitable access to safe water, sanitation, and hygiene in developing countries; and (ii) improve the effectiveness and targeting of United States assistance programs undertaken in support of that strategy; (C) codifies Target 10 of the United Nations Millennium Development Goals; and (D) seeks to reduce by half between 1990 (the baseline year) and 2015— (i) the proportion of people who are unable to reach or afford safe drinking water; and (ii) the proportion of people without access to basic sanitation. (2) For maximum effectiveness of assistance, safe drinking water, sanitation, and hygiene must be coordinated with and reflected in programs and strategies for food security, global health, environment, education, gender equality, and conflict prevention and mitigation. (3) On February 2, 2012, the United States national intelligence community released a National Intelligence Estimate on Global Water Security, which found that— (A) over the next decade, countries of strategic importance to the United States will experience water shortages, poor water quality, or floods, that will risk instability or state failure and increase regional tensions; (B) water problems may pose a risk to global food markets and economic growth, and may harm the economic performance of important trading partners; (C) water stresses compound existing problems, such as poverty, social tension, and ill-health and without good management of water food supplies will be reduced and water borne diseases will increase; and (D) pressure will arise for a more engaged United States to make water a global priority and to support major development projects. (4) On August 1, 2008, Congress passed House Concurrent Resolution 318, which— (A) supports the goals and ideals of the International Year of Sanitation; and (B) recognizes the importance of sanitation on public health, poverty reduction, economic and social development, and the environment. (5) According to the 2005 Millennium Ecosystem Assessment, commissioned by the United Nations, more than one-fifth of the world’s population relies on freshwater sources that are either polluted or excessively withdrawn. Healthy ecosystems provide multiple water-related services, such as flood control and water purification, upon which human security, health and well-being depend. Therefore, measures aiming to maintain or restore those services ensure the long-term sustainability of strategies to secure safe and reliable access to water and sanitation. (6) While progress is being made on safe water and sanitation efforts— (A) more than 783,000,000 people throughout the world lack access to safe drinking water; and (B) approximately 35 percent of the total global population does not have access to basic sanitation services. (7) A lack of access to clean water and adequate sanitation has disproportionate, and too often deadly impacts on children: (A) Water and sanitation-related disease, despite being preventable, remains one of the most significant child health problems worldwide. Diarrhea is the most serious of these diseases, alone killing over 3,000 children each day, and is the second biggest cause of death in children in the post neonatal period, aged one month to 5 years. Ninety percent of all people that die from diarrheal disease are children under the age of 5. Eighty-eight percent of diarrheal disease is attributed to unsafe drinking water, inadequate sanitation and poor hygiene. (B) Even when bouts of diarrhea don’t kill, these episodes can physically and mentally stunt children, affecting them for the rest of their lives. (C) Having adequate and appropriate water supply and sanitation facilities in schools is a major factor influencing whether children, and especially adolescent girls, attend school. (D) Adequate sanitation facilities and practices contributes to reducing malnutrition in children, improves the quality of life and dignity of girls and women, protects the environment, and generates economic benefits for communities and nations. (8) The health and environmental consequences of unsafe drinking water and poor sanitation are significant, accounting for nearly 10 percent of the global burden of disease, and as further indicated by the following: (A) At any given time, half of the hospital beds in developing countries are occupied by patients suffering from diseases associated with lack of access to safe drinking water, inadequate sanitation, and poor hygiene. (B) More than 3,575,000 people die each year from water-related disease. (C) Chronic or acute diarrhea can lead to cognitive delays, with severe repercussions for economic development. (D) Lack of adequate sanitation contaminates rivers worldwide, as one of the most significant sources of water pollution. Every day, 2,000,000 tons of untreated sewage and industrial and agricultural waste are discharged into the world’s freshwaters. (9) 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. (10) 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. (11) Expanding access to clean water, sanitation, and hygiene, while protecting the natural infrastructures that store, deliver, and purify water for nature and people, are essential steps in reducing the global burden of disease, advancing sustainable economic and social development, protecting basic human rights, preventing violence against girls and women, and mitigating sources of conflict associated with water scarcity, mass migration, and water related disasters, both within and between countries. (12) Nearly 1,000,000,000 people across the globe still suffer from chronic hunger. Water scarcity and poor water management reduce agricultural productivity and add pressures on valuable fisheries, posing a major threat to food security and local livelihoods, and limits the ability of the world to provide the resources necessary for the doubling of food production that will be required to meet the demands of a projected population of 9,000,000,000 people by 2050. (13) 2.8 billion people in more than 48 countries are expected to face severe and chronic water shortages by 2025, with major impacts on energy and food security, development, livelihoods, human health, and natural infrastructure. (14) Agriculture consumes 70 percent of all freshwater withdrawn globally. Global increases in the efficiency and productivity of both irrigated and rain-fed agriculture will be needed to meet future food production requirements. (15) 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. (16) According to the United Nations, women make up 70 percent of the world’s poor. Yet, the time they spend collecting water prevents them from undertaking other activities, such as generating income or attending school. (17) A lack of access to safe water and improved sanitation close to home and at school can impact girls’ educational attainment and retention, limiting their ability to break the cycle of poverty. Research has found increases in girls’ school enrollment when clean water points were installed closer to home, and increases in girls’ school attendance when separate latrines for boys and girls were provided on site. Meeting Target 10 of the Millennium Development Goals for water and sanitation would provide an estimated 272,000,000 additional school days per year. (18) A lack of water points close to home or safe, private latrines can put women and girls in isolated situations, making them more vulnerable to sexual and physical violence. Violence against women and girls has consequences ranging from psychosocial trauma to heightened risk of HIV/AIDS. (19) Faith communities and nonprofit development and conservation organizations across the United States contribute significantly to the improvement of water, sanitation, and hygiene in developing countries. By applying their expertise, providing services, building the capacity of local organizations, establishing long-term partnerships with local communities, empowering marginalized groups, supporting sustainable water management and serving as a voice for the poor, faith-based and nonprofit organizations complement and leverage assistance provided by the United States Government. (20) United States businesses have developed key technologies, donated goods and services, partnered with private and public sector entities, and invested their capital to improve water and sanitation and freshwater sources in many developing countries. Corporate actors have also partnered with other stakeholders to implement sustainable water management and water use efficiency within their plants and throughout their supply chain. (21) Implementation of the Senator Paul Simon Water for the Poor Act of 2005 must be significantly strengthened if the purposes of section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152h ; relating to assistance to provide safe water and sanitation), as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005, are to be met. (22) The monitoring and evaluation of the performance of United States foreign assistance programs and their contribution to policy, strategies, projects, program goals, and priorities undertaken by the Federal Government is essential to improving aid effectiveness. 3. Sense of Congress (a) Findings Congress finds the following: (1) In May 2013, the United States Agency for International Development released a Water and Development Strategy, whose goal is to save lives and advance development through improvements in water supply, sanitation, and hygiene (WASH) programs, and through sound management and use of water for food security. . (2) The Water and Development Strategy states that it supports the efforts of the Senator Paul Simon Water for the Poor Act of 2005 by advancing many activities consistent with the goals of the Act. . (b) Sense of Congress It is the sense of Congress that— (1) the initial United States Agency for International Development’s Water and Development Strategy, released in May 2013— (A) is a significant accomplishment and improves the Agency’s capacity to provide sustainable and effective water, sanitation, and hygiene assistance; (B) is supportive of and should continue to reinforce the United States foreign policy and development objectives for clean water, sanitation, and hygiene; (C) should be refined and expanded by the United States Agency for International Development as often as necessary to ensure best practices are used and the purposes of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533) and this Act are met, should target the world’s poorest and those suffering from the lowest levels of access to safe drinking water, sanitation, and hygiene, and should be updated by the Agency not later than every 5 years, to more fully meet the requirements and spirit of the Senator Paul Simon Water for the Poor Act of 2005 and section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152h ), as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005; and (D) is not, on its own, the holistic United States water strategy required by the Senator Paul Simon Water for the Poor Act of 2005, but instead addresses components of a comprehensive strategy for how the United States plans to support the United States foreign policy and development objectives and measure its success towards the objectives required by the Senator Paul Simon Water for the Poor Act of 2005 and this Act, and must be complimented by the development of a whole-of-government United States Government global water strategy aimed at creating an enabling environment through diplomatic channels for the Agency’s water, sanitation, and hygiene programming that will better allow the Agency to succeed in its mission; and (2) the Secretary of State, acting through the Special Advisor for Water Resources (established by 136(f) of the Foreign Assistance Act of 1961), as added by section 5(a)(2)(C) of this Act, and in collaboration and consultation with the Administrator of the United States Agency for International Development, should develop a Global Water Resources Strategy relating to United States foreign policy objectives for water, pursuant to section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005, as added by section 7 of this Act, that— (A) articulates a vision for the role played by the Department of State, including in its power as a convener, in addressing the foreign policy and national security issues identified in the Senator Paul Simon Water for the Poor Act of 2005 and this Act, the 2012 National Intelligence Estimate on Global Water Security, and other relevant whole-of-government assessments, strategies, and approaches; (B) is an ambitious United States foreign policy framework that advances the objectives of the Senator Paul Simon Water for the Poor Act of 2005 and this Act to provide sustainable access to safe drinking water, sanitation, and hygiene to poor and marginalized people through improved United States diplomatic efforts to build political will and coordination across the Federal Government to better enable United States Government agencies and partners to meet their international development objectives; (C) is complementary to, supportive of, and does not inhibit, the Water and Development Strategy, and establishes clear roles and responsibilities insofar as possible among Federal agencies and departments responsible for jointly carrying out the strategy, as required by section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005, as added by section 7 of this Act. 4. Purpose The purpose of this Act and the amendments made by this Act is to strengthen implementation of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533) by— (1) improving coordination and oversight of international water, sanitation, hygiene, and sustainable water management programs within and between United States Government agencies; (2) increasing the sustainability of United States Government-supported water, sanitation, and hygiene programs, including in terms of affordability, accountability, and financial, operational, institutional, and environmental sustainability; (3) enhancing water, sanitation, and hygiene expertise within the United States Agency for International Development and the Department of State, which shall include a whole of agency approach to establish a learning agenda aimed at increasing the quality, effectiveness, and sustainability of the United States Government-supported water, sanitation, and hygiene programs; and (4) ensuring water, sanitation, and hygiene programs and strategies are reflected in and supported by other development initiatives such as food security, global health, environment, education, gender quality, and conflict prevention and mitigation within and between countries, with the goal of meeting the needs of the poorest and most marginalized people. 5. Improving coordination and oversight of safe water, sanitation, and hygiene projects and activities (a) In general Chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) by redesignating section 135, as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2536; 22 U.S.C. 2152h note), as section 136; and (2) in section 136, as redesignated by paragraph (1) of this section— (A) in the section heading, by striking and sanitation and inserting , sanitation, and hygiene ; (B) in subsection (b), by striking and sanitation and inserting , sanitation, and hygiene ; and (C) by adding at the end the following new subsections: (e) Global water coordinator (1) In general The Administrator of the United States Agency for International Development (USAID) shall designate a senior advisor to coordinate and oversee the Agency’s programs in developing countries that seek to provide affordable and equitable access to safe water, sanitation, and hygiene, who shall be known as the Global Water Coordinator , who shall administer and oversee an office to be known as the Office of Water, Sanitation, and Development, and who shall report directly to the Administrator and the Assistant Administrator overseeing water programs. (2) Duties The Global Water Coordinator shall— (A) oversee implementation of this section, the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note) and the Senator Paul Simon Water for the World Act of 2013 ; (B) oversee the buildup of capacity and expertise within USAID to implement this section, the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note), and the Senator Paul Simon Water for the World Act of 2013 , including— (i) by appointing USAID mission water advisors in each high priority country, who— (I) shall have or be given the opportunity to fully develop their technical skills and competencies necessary to provide appropriate guidance to technical and program staff to ensure the Water and Development Strategy can be successfully implemented; and (II) shall ensure water, sanitation, and hygiene objectives and indicators are reflected throughout program planning and budgeting documents; (ii) work with USAID regional bureaus, who shall be the primary liaisons between the Global Water Coordinator and mission water advisors, to ensure water, sanitation, and hygiene projects are reflected in country-specific multiyear strategies, multiyear sector strategies, and project designs in each high priority country; and (iii) ensure that water, sanitation, hygiene and water management issues are incorporated into all relevant Agency training programs at the office, regional, and mission levels; (C) lead the implementation of the Water and Development Strategy and oversee the review and development no later than every 5 years of an updated Water and Development Strategy such that it more clearly meets the requirements of the Senator Paul Simon Water for the Poor Act of 2005 and this Act; (D) assist and monitor the development of country-specific and, where appropriate, regional water strategies, whether independent, or as part of broader USAID country-specific or regional strategies, in coordination with relevant USAID mission directors, other appropriate personnel, and pursuant to the interagency consultation and coordination process as required by section 5(b) of the Senator Paul Simon Water for the World Act of 2013 , ensuring such strategies reflect best practices as they relate to increasing access to clean water, sanitation, and hygiene activities, and sustainable water management; (E) ensure sustainable and equitable access to clean water, sanitation, and hygiene are reflected in strategies and broader USAID policies or strategies, including policies or strategies relating to food security, global health, environment, education, gender equality, and conflict prevention and mitigation; (F) develop appropriate benchmarks, measurable goals, performance metrics, and monitoring and evaluation plans for water, sanitation, and hygiene programs in accordance with and as required by sections 6 and 7 of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note); (G) ensure programming for sustainable water management, and equitable access to clean water, sanitation, and hygiene are reflected across USAID programming in a manner consistent with the long-term sustainability of service outcomes and freshwater sources; and (H) foster the development, dissemination, and increased and consistent use of low-cost and sustainable technologies, public and private partnerships, credit guarantees and other financing arrangements that leverage non-Federal funds for impact on equitable access to affordable water, sanitation, and hygiene services that will provide long-term benefits to the world’s poorest communities. (3) Staff The Administrator shall ensure that a sufficient number of employees with appropriate experience or expertise are reassigned or detailed from within USAID to assist the Global Water Coordinator in carrying out the duties of paragraph (2). (4) Definitions In this subsection— (A) the term high priority country means a low-income or lower-middle income country designated pursuant to section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note) and enumerated in the strategy required by such Act, the first iteration of which was released by USAID in May 2013; and (B) the term Water and Development Strategy means the strategy released by USAID in May 2013 and its revisions, required to be developed as soon as practicable after the date of the enactment of the Senator Paul Simon Water for the World Act of 2013, but no less than 5 years after such date of enactment and every 5 years thereafter under section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note). (f) Special advisor for water resources (1) In general The Secretary of State shall designate a senior advisor to develop, coordinate, and oversee United States foreign policy relating to freshwater resources and policies complementary to, and in support of, the United States Agency for International Development’s Water and Development Strategy, who shall be known as the Special Advisor for Water Resources , and who shall report directly to the Secretary of State and the Under Secretary overseeing water programs. (2) Duties The Special Advisor for Water Resources shall— (A) oversee and coordinate the development and implementation of approaches to increasing political will and government support in partner countries in accordance with United States foreign policy on drinking water, sanitation, hygiene, water resource management, and transboundary water, including— (i) working with partner countries and other stakeholders to develop, sustain, and leverage political and financial commitments that would improve access to safe drinking water, sanitation, and hygiene, and sustainable water management over the long term; (ii) assisting and encouraging other countries and international organizations to plan and manage water resources in an efficient, transparent, equitable, inclusive, and environmentally sustainable manner, taking into account the interdependence among water, food, energy, and sustainable development; (iii) fostering regional and cross-border cooperation for integrated management, use and protection of internationally shared rivers, lakes, and aquifer systems; (iv) preventing and mitigating intra- and trans-boundary conflict over water resources, including through efforts to strengthen international water law and institutions as tools for facilitating cooperation; (v) working with partner countries, international organizations, and other stakeholders to manage water resources in ways that reduce risk and impact from potential water-related shocks such as, but not limited to, droughts or floods, including for improved global food security; and (vi) fostering increased agricultural and urban productivity of water resources; (B) promote and be the representative for United States policy relating to global freshwater issues in key diplomatic and scientific forums; and (C) lead the development and implementation of the Global Water Resources Strategy required by section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note) and oversee the review of and update to not later than every 5 years the Global Water Resources Strategy to reflect pressing global challenges and changes. (3) Staff The Secretary of State shall ensure that a sufficient number of employees of the Department of State with appropriate experience or expertise are reassigned or detailed from within the Department of State to assist the Special Advisor for Water Resources in carrying out the duties of paragraph (2). (4) Definitions In this subsection— (A) the term Water and Development Strategy means the strategy released by USAID in May 2013 and its revisions, required to be developed as soon as practicable after the date of the enactment of the Senator Paul Simon Water for the World Act of 2013, but no less than 5 years after such date of enactment and every 5 years thereafter under section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note); and (B) the term Global Water Resources Strategy means the strategy required under section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note). . (b) Interagency consultation and coordination (1) In general Not later than 90 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development and the Secretary of State shall develop and implement a process to ensure regular consultation and coordination between the Global Water Coordinator and the Special Advisor for Water Resources so that their efforts are complimentary and in support of the implementation, and subsequent revision not later than every 5 years, of the Global Water Resources Strategy and the Water and Development Strategy. (2) Matters to be included The process required under paragraph (1) should include jointly convened meetings with any Federal department or agency administering United States water, sanitation, and hygiene programs to evaluate progress in carrying out the strategies described in paragraph (1), or the revision to any such strategy, as required by section 6 of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this Act. (3) Definitions In this subsection— (A) the term Global Water Coordinator means the Global Water Coordinator designated under section 136(e) of the Foreign Assistance Act of 1961, as added by subsection (a)(2) of this section; (B) the term Global Water Resources Strategy means the strategy required under section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this Act; (C) the term Special Advisor for Water Resources means the Special Advisor for Water Resources designated under section 136(f) of the Foreign Assistance Act of 1961, as added by subsection (a)(2) of this section; and (D) the term Water and Development Strategy means the strategy released by USAID in May 2013 and its revisions, required to be developed as soon as practicable after the date of the enactment of this Act, but no less than 5 years after such date of enactment and every 5 years thereafter under section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this Act. 6. Increasing sustainability of safe water, sanitation, and hygiene projects and activities (a) Principles In order to ensure that water, sanitation, and hygiene projects and activities of the United States Agency for International Development carried out under the authorities of section 136 of the Foreign Assistance Act of 1961, as redesignated and amended by section 5 of this Act, and the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by this Act, achieve maximum impact and continue to deliver lasting benefits after completion, such projects and activities shall be carried out in accordance with, and monitored and evaluated against the following principles: (1) Projects and activities should be targeted to the poorest and most vulnerable countries and communities, including women and girls, displaced persons and refugees, and other marginalized populations. (2) Projects and activities should be designed in consultation with a broad range of local and national stakeholders, including communities directly affected by a lack of access to clean water, sanitation or hygiene, nongovernmental organizations, cooperatives, foundations, universities, private sector entities, and women-focused organizations. (3) Projects and activities to provide services for the poor should be designed wherever possible to be financially or commercially viable over the long term, focusing on local ownership and sustainability, and undertaken in conjunction with relevant public institutions or private enterprise so long as they can provide access to water, sanitation, and hygiene in such a way that strengthens social equity of access and keeps these services affordable to all, especially the poorest of the poor. (4) Governments of countries in which projects and activities are carried out should identify revenue streams sufficient to cover the costs of maintaining public equipment and services with respect to such projects and activities over the long term. (5) Projects and activities should provide for a functioning management and maintenance system comprising tools, supply chains, transport, equipment, training and individuals or institutions with clear responsibilities for achieving sustainability. (6) With respect to projects and activities that are managed by communities or institutions, effective external support should be provided to such communities or institutions. (7) Projects should be designed to provide access to water, sanitation, and hygiene, and sustainable water management through joint programs and other coordinated mechanisms and policies, in order to ensure the long-term sustainability of the results achieved, to mitigate any negative environmental impacts, and to ensure the resilience of natural and man-made infrastructure to floods, droughts, and other water-related disasters. (8) Access to water and sanitation should be expanded in an equitable manner and on the basis of need, without regard to race, gender, religion, or ethnic origin. (b) Local ownership Not later than 90 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall establish guidelines and procedures to ensure that— (1) a broad range of local and national stakeholders is consulted in the development of any country-specific water strategy; (2) any water, sanitation, and hygiene projects and activities authorized under each such strategy are designed to address the specific needs of women and girls; and (3) local civil society organizations, including nonprofit organizations as well as businesses, are full participants in the selection and design, implementation, monitoring, and evaluation of water, sanitation, and hygiene projects and activities. (c) Local procurement (1) Authority In providing assistance under the authorities of section 136 of the Foreign Assistance Act of 1961, as redesignated and amended by section 5 of this Act, the Administrator of the United States Agency for International Development is authorized to award contracts and other acquisition instruments on a noncompetitive basis to local entities in high priority countries to carry out safe water, sanitation, and hygiene projects and activities in such countries. (2) Limitation A contract or other instrument described in paragraph (1) may not have a value that exceeds $5,000,000. (3) Supersedes other laws The Administrator of the United States Agency for International Development may exercise the authority of paragraph (1) notwithstanding any other provision of law. (4) Definitions In this subsection— (A) the term high priority country means a low-income or lower-middle income country designated pursuant to section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this Act; and (B) the term local entity means an individual, corporation, or other entity that— (i) is organized under the laws of the high priority country; (ii) has its principal place of business or operations in such country; and (iii) is owned or controlled by citizens of such country. (5) Funding Funds made available to carry out the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note) for any fiscal year are authorized to be made available to carry out this subsection. (d) Retention of interest (1) Authority In providing assistance under the authorities of section 136 of the Foreign Assistance Act of 1961, as redesignated and amended by section 5 of this Act, the Administrator of the United States Agency for International Development is authorized to enter into agreements with indigenous local private or public groups, associations, or other entities in high priority countries to provide for the retention by such group, association, or other entity, without deposit in the Treasury of the United States and without further appropriation by law, of interest earned on such assistance so provided. (2) Limitation An agreement described in paragraph (1) may not have a value that exceeds $5,000,000. (3) Use of interest Any interest earned on the advance of funds under an agreement authorized under paragraph (1) may be used only for the purposes for which the agreement is made. (4) Audits The Administrator shall, on a regular and recurring basis, audit interest earned on advance funds under an agreement authorized under paragraph (1) to ensure that the requirements of paragraph (3) are met. (5) Definition In this subsection, the term high priority country means a low-income or lower-middle income country designated pursuant to section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this Act. 7. United States complimentary strategies to increase sustainable, affordable, and equitable access to safe water, sanitation, and hygiene Section 6 of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note) is amended to read as follows: 6. United States complimentary strategies to increase sustainable, affordable, and equitable access to safe water, sanitation, and hygiene (a) Global water resources strategy (1) In general As soon as practicable after the date of the enactment of the Senator Paul Simon Water for the World Act of 2013, and every 5 years thereafter, the President, acting through the Secretary of State, shall develop a strategy to further the United States foreign policy objective to provide affordable and equitable access to safe water and sanitation in developing countries, as described in section 136 of the Foreign Assistance Act of 1961 and by the Agency’s Water and Development Strategy required under subsection (b). (2) Contents The strategy required under paragraph (1) shall— (A) articulate the United States foreign policy framework that will drive the implementation of the United States foreign policy objectives on increasing access to equitable, clean drinking water, sanitation, and hygiene for the world’s poorest, water resource management, transboundary water and prevention of conflict over water resources; and (B) address ways in which United States foreign policy efforts will promote global water security by building political will and partnerships, and support for national level planning processes, in conjunction with the United States Agency for International Development and other Federal agencies, and leveraging expertise, knowledge, technology and resources that will increase the likelihood that the world’s poor receive or continue to have the water they need, when and where they need it, in a sustainable, equitable and conflict-free manner. (3) Consultation The strategy required by paragraph (1) shall be developed in consultation with the Administrator of the United States Agency for International Development, the heads of other appropriate Federal departments and agencies, international organizations, international financial institutions, recipient governments, United States and international nongovernmental organizations, indigenous civil society, and other appropriate entities, and shall be complimentary to, or ultimately joined with, the Agency’s Water and Development Strategy required under subsection (b) and subsequent revisions thereto. (4) Implementation The Secretary of State, acting through the Under Secretary of State who has responsibility to oversee water programs and the Special Advisor for Water Resources, shall implement the strategy required under paragraph (1). The strategy may also be implemented in part by other Federal departments and agencies, as appropriate. (5) Consistent with safe water and sanitation policy The strategy required under paragraph (1) shall be consistent with the policy stated in section 3 of this Act. (6) Content The strategy required under paragraph (1) shall include— (A) specific and measurable goals, benchmarks, and timetables to achieve the objective described in paragraph (1); (B) an assessment of the level of funding and other assistance for United States water and sanitation programs needed each by the United States Department of State year to achieve the goals, benchmarks, and timetables described in subparagraph (A); (C) methods to coordinate and integrate United States water, water resources and sanitation assistance carried out by the Department of State with water, sanitation, hygiene and water resource development programs carried out by the United States Agency for International Development and other Federal agencies to achieve the objective described in paragraph (1); (D) methods to better coordinate United States water and sanitation assistance programs with programs of other donor countries and entities to achieve the objective described in paragraph (1); and (E) an assessment of the commitment of governments of countries that receive assistance under section 136 of the Foreign Assistance Act of 1961 to policies or policy reforms that support affordable and equitable access by the people of such countries to safe water and sanitation. (b) Water and Development Strategy (1) In general As soon as practicable after the date of the enactment of the Senator Paul Simon Water for the World Act of 2013, but no less than 5 years after such date of enactment and every 5 years thereafter, the Administrator of the United States Agency for International Development, acting through the Global Water Coordinator and in consultation with the Special Advisor for Water Resources, shall develop a strategy, to be known as the Water and Development Strategy , to further, through the United States Agency for International Development, the United States foreign assistance objective to provide affordable, equitable, and sustainable access to safe drinking water, sanitation, and hygiene in developing countries, as described in section 136 of the Foreign Assistance Act of 1961. Such strategy shall be complimentary to the United States foreign policy objectives of the safe water and sanitation strategy required under subsection (a) and shall be transmitted to the appropriate congressional committees and made publicly available on the Internet. (2) Contents The strategy required under paragraph (1) shall provide an ambitious vision for leadership of the international development objectives of this Act and the Senator Paul Simon Water for the World Act of 2013 and meet the following requirements: (A) Consistency with safe water, sanitation, and hygiene policy The strategy shall be consistent with the policy stated in section 3 of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note). (B) Criteria for determining high priority countries The strategy shall identify low-income and lower-middle income countries with a severe lack of access to affordable, equitable, and sustainable safe drinking water, sanitation and hygiene, by assessing— (i) the government or nongovernmental organizational capacity or commitment to manage and implement affordable, equitable, and sustainable solutions, in accordance with section 6 of the Senator Paul Simon Water for the World Act of 2013; (ii) opportunities to leverage existing indigenous public sector, local, donor or private sector investments in the water, sanitation and water resource management sector; (iii) the number of people and percent of the population without access to an improved source of safe drinking water in or close to home, disaggregated by rural, peri-urban, or urban geographic location; (iv) the number of people and percent of the population without access to an improved source of sanitation in or close to home, disaggregated by rural, peri-urban, or urban geographic location; (v) the mortality rate and number of deaths of children under 5 years old due to diarrhea; (vi) the mortality rate and number of deaths of children under 5 years old due to pneumonia; (vii) the number and proportion of children under 5 years old who are under-nourished; (viii) the average time burden of water collection in rural areas; (ix) the coexistence in a single geographic area of two or more diseases categorized as a neglected tropical disease spread in whole or in part due to lack of access to safe drinking water, sanitation or hygiene, as defined by the Agency; and (x) the degree to which water, sanitation, and hygiene programs are identified as a priority by a beneficiary government, region, or community, as identified in national plans and strategies and the country-specific multiyear strategies as developed by the Agency mission in consultation with the national government and civil society. (C) Designating high priority countries The strategy shall select 10 to 20 of the eligible countries identified through the assessment required by subparagraph (B) and identify such countries as high priority countries . (D) Requirements for high priority countries Each country selected as a high priority country shall be the focus of the Agency’s water, sanitation, and hygiene programming, and the strategy shall develop comprehensive and holistic individual country plans for each high priority country so as to meet the objectives of paragraph (1). Such plans shall include— (i) a results framework, in accordance with the sustainability principles identified in section 6 of the Senator Paul Simon Water for the World Act of 2013, and monitoring and evaluation principles identified in section 7 of this Act, which shall include indicators composed of those criteria used in paragraph (2) to identify high priority countries, that shall be used to measure the long-term impacts and sustainability of programs, including the ongoing commitment of host-country institutions, or lack thereof, and increased access to water, sanitation, and hygiene projects, programs and services provided directly or leveraged by the United States Government; and (ii) a clearly described process by which the strategy shall be aligned, coordinated, and leveraged with United States development strategies, policies, and international development initiatives that operate within the high priority country, to include coordination with and reflected in the high priority country’s comprehensive strategy for United States Government-supported development assistance. (E) Additional requirements for high priority countries For each high priority country, the Agency’s mission director for such country shall— (i) designate sustainably increasing access to safe drinking water and sanitation as a strategic objective, reflected in country-specific strategies that incorporate sustainable water management goals and targets in accordance with this Act; and (ii) ensure, where complimentary, that the benefits of safe drinking water, sanitation, and hygiene are reflected in other development initiatives. (3) Rule of construction relating to initial strategy The Agency’s Water and Development Strategy, issued in May 2013, shall be deemed to be the initial strategy required under paragraph (1) and shall be updated in a timely manner as required by paragraph (1). (4) Implementation plan Not later than 90 days after the date of transmission of the initial strategy required under paragraph (1), the Global Water Coordinator shall submit to the appropriate congressional committees an implementation plan detailing how the United States Agency for International Development will institutionalize the strategy, including— (A) the budget resources needed to achieve the goals, benchmarks, and timetables described in this subsection, and an assessment of what will likely be achieved at current funding levels; and (B) the number, types, and levels of specialists and generalists currently employed, and projected to be needed, in each functional and geographic area, including support, management, and administrative functions, to carry out the strategy. (5) Collaboration and coordination (A) In general In developing the strategy required under paragraph (1)), and the implementation plan required under paragraph (4), the Global Water Coordinator shall— (i) consult with relevant Executive agencies; (ii) consult with the Special Advisor for Water Resources; (iii) consult with the Interagency Consultation and Coordination process as required by section 5(b) of the Paul Simon Water for the World Act of 2013; and (iv) consult with representatives of civil society and multi-lateral organizations with demonstrated experience in addressing the lack of access to affordable, equitable and sustainable safe drinking water, sanitation and hygiene in developing countries. (B) Public comment In carrying out paragraph (1)(D), the Global Water Coordinator shall allow public comments to be submitted for consideration through a mechanism of the Global Water Coordinator’s choosing, except that such comment period shall last not less than 45 days. (c) Definitions In this section: (1) Global water coordinator The term Global Water Coordinator means the Global Water Coordinator designated under section 136(e) of the Foreign Assistance Act of 1961. (2) Special advisor for water resources The term Special Advisor for Water Resources means the Special Advisor for Water Resources designated under section 136(f) of the Foreign Assistance Act of 1961. . 8. Transparency and monitoring and evaluation Section 7 of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note) is amended to read as follows: 7. Transparency and monitoring and evaluation (a) Transparency (1) In general Not later than 1 year after the date of the enactment of the Senator Paul Simon Water for the World Act of 2013, the Administrator of the United States Agency for International Development shall, as part of the Agency’s Internet Web site, establish and maintain a Web page to make publicly available comprehensive, timely, comparable, and accessible information on United States water, sanitation, and hygiene foreign assistance programs. The head of each Federal department or agency that administers such programs shall on a quarterly basis publish and update on the Web page such information with respect to programs of the department or agency. (2) Matters to be included (A) In general To ensure transparency, accountability, and effectiveness of United States water, sanitation, and hygiene foreign assistance programs, the information required by paragraph (1) shall include— (i) the strategy required by section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2533; 22 U.S.C. 2152h note); (ii) a list of countries that meet the criteria outlined in section 6(b)(2)(B) of the Senator Paul Simon Water for the Poor Act of 2005; (iii) an identification of each country designated as a high priority country under section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005, including a fully articulated rationale of why each country received the designation; (iv) for each fiscal year, information on the amount of funds expended in each country or program to carry out this Act and the Senator Paul Simon Water for the Poor Act of 2005, disaggregated by purpose of assistance, including information on capital investments, and the source of such funds by account; and (v) evaluations of water, sanitation, and hygiene programs. (B) Posting requirements Such information shall be published on the Web page not later than 30 days after the date of issuance of the information and shall be continuously updated. (C) Report in lieu of inclusion If the head of a Federal department or agency described in paragraph (1) makes a determination that the inclusion of a required item of information on the Web page would jeopardize the health or security of an implementing partner or program beneficiary or would be detrimental to the national interests of the United States, such item of information may be submitted to Congress in a written report in lieu of including it on the Web page, along with the reasons for not including it on the Web page. (3) Database The Web page shall also contain a link to a searchable database available to the public containing such information relating to the current fiscal year and, as available, for each prior fiscal year dating to and including fiscal year 2006. (4) Form Such information shall be published on the Web page in unclassified form. Any information determined to be classified information may be submitted to Congress in classified form and an unclassified summary of such information shall be published on the Web page. (b) Monitoring and evaluation (1) In general With regard to water, sanitation, and hygiene programming, the Global Water Coordinator shall ensure that the Agency monitors and evaluates projects and activities carried out under such programs, including carrying out assessments of impact where appropriate, and ensuring results of evaluations are used to inform the design of such projects and activities. Such monitoring and evaluations shall— (A) be carried out in accordance with, and measured against the principles described in section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005 and, where appropriate, the goals established section 6(b)(2)(D) of the Senator Paul Simon Water for the Poor Act of 2005; and (B) conduct longer term monitoring and evaluation of its water activities in order to assess sustainability beyond the typical Agency program cycle and to enable reasonable support to issues that arise post implementation. (2) Mandatory set-aside for monitoring and evaluation Each water, sanitation, and hygiene project shall be planned and budgeted to include funding for both short- and long-term monitoring and evaluation so that the United States Government and other stakeholders can ascertain the long-term return on investment of United States assistance funds and to enable learning about the sustainability of assistance programs and projects that shall inform future projects and programs. (3) When to conduct evaluations The evaluation of water, sanitation, and hygiene projects should include measurable goals and performance metrics, to be tracked against an established baseline at the outset. Such evaluations should occur immediately following the completion of a project, and no fewer than half of all water, sanitation, and hygiene projects shall be reevaluated 5 years after the completion of the project, all in accordance with the requirements and metrics enumerated in paragraph (1). (4) Definitions In this subsection: (A) Monitoring The term monitoring means, with respect to a United States water, sanitation, or hygiene foreign assistance program, a continuing function that uses systematic collection of data on specified indicators to provide management and the main stakeholders of an ongoing development intervention with indications of the extent of progress and achievement of objectives and progress in the use of allocated funds. (B) Evaluation The term evaluation means, with respect to a United States water, sanitation, or hygiene foreign assistance program, the systematic collection and analysis of information about the characteristics and outcomes of the program and projects under the program as a basis for judgments, to improve effectiveness, and to inform decisions about current and future programming, including an explanation of the reasons for or causes of the observed results. .
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113-hr-2902
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I 113th CONGRESS 1st Session H. R. 2902 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Slaughter (for herself, Mr. Cohen , Mr. DeFazio , Mr. Deutch , Mr. Dingell , Mr. Doggett , Ms. Eshoo , Mr. Grijalva , Ms. McCollum , Mr. Moran , Mr. Nolan , Mr. Pocan , Mr. Polis , Ms. Shea-Porter , Mr. Tonko , and Mr. Lewis ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Supreme Court of the United States to promulgate a code of ethics.
1. Short title This Act may be cited as the Supreme Court Ethics Act of 2013 . 2. Findings; purpose (a) Findings Congress finds the following: (1) In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), Justice Kennedy, writing for the Court, stated that [judicial codes of conduct] serve to maintain the integrity of the judiciary and the rule of law . (2) The Code of Conduct for United States Judges (referred to in this subsection as the Code ) applies to all Federal judges except Justices of the Supreme Court. Justices of the Supreme Court are not formally bound by any code of conduct. Chief Justice John Roberts noted in the 2011 Year-End Report on the Federal Judiciary that while the Judicial Conference, which promulgates the Code, does not have authority to bind the Supreme Court, the Code is nonetheless the starting point and a key source of guidance for the Justices as well as their lower court colleagues . (3) Congress has the authority to regulate the administration of the Supreme Court of the United States. For example, Congress sets the number of justices who sit on the Supreme Court and how many constitute a quorum, the term of the court, meaning the dates the court will be in session, and the salaries of the Justices. Additionally, the Ethics in Government Act of 1978 (5 U.S.C. App.) requires most high-level Federal officials in all 3 branches, including the President, Vice President, cabinet members, Justices of the Supreme Court, and Members of Congress, to file annual financial disclosure statements. (b) Purpose The purpose of this Act is to apply a code of ethics to Justices who sit on the Supreme Court of the United States, being mindful of their preeminence in the Federal judiciary. 3. Supreme Court code of ethics The Supreme Court of the United States shall, not later than 180 days after the date of the enactment of this Act, promulgate a code of ethics for the Justices of the Supreme Court that shall include the 5 canons of the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, with any amendments or modifications thereto that the Supreme Court determines appropriate.
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113-hr-2903
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I 113th CONGRESS 1st Session H. R. 2903 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Dent (for himself, Mrs. Beatty , Mr. Stivers , Mr. Perry , Mr. Gerlach , Mr. Sensenbrenner , Mr. Thompson of Pennsylvania , Mr. Moran , and Mr. Marino ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend section 487(a) of the Higher Education Act of 1965 to provide increased accountability of nonprofit athletic associations, and for other purposes.
1. Short title; Findings (a) Short title This Act may be cited as the National Collegiate Athletics Accountability Act , or the NCAA Act . (b) Findings The Congress finds as follows: (1) Nationwide, institutions of higher education receive approximately $150,000,000,000 to $200,000,000,000 in funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) annually, including approximately $20,000,000,000 to $30,000,000,000 in Federal Pell Grants; (2) In fiscal year 2014, institutions of higher education are projected to receive approximately $140,000,000,000 in Federal student aid under title IV of such Act, which accounts for 77 percent of all funding received by these institutions from the Federal Government. (3) Funding under title IV of such Act is used to provide grants, loans, and work-study funds from the Federal Government to eligible students enrolled in institution of higher education, including career schools. (4) Many institutions of higher education participate in voluntary, nonprofit athletic associations and athletic conferences, with the largest such association having over 1,000 member institutions of higher education with more than 430,000 students participating in athletics, and providing approximately $523,000,000 in revenue sharing to such members. (5) Athletic programs at institutions of higher education are some of the largest revenue generators for such institutions nationwide, accounting for approximately $6,100,000,000 in revenue from ticket sales, radio and television receipts, alumni contributions, guarantees, royalties, and association distributions. (6) The Committee on a Sports Medicine of the American Academy of Pediatrics published a classification of sports based on the likelihood of contact, impact, or injury, and determined that— (A) boxing, field hockey, football, ice hockey, lacrosse, martial arts, rodeo, soccer, and wrestling are contact/collision sports; and (B) baseball, basketball, bicycling, diving, high jump, pole vault, gymnastics, horseback riding, ice skating, roller skating, cross-country skiing, downhill skiing, water skiing, softball, squash, handball, and volleyball are limited-contact/impact sports. 2. Program participation agreements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) In the case of an institution that has an intercollegiate athletic program, the institution will not be a member of a nonprofit athletic association unless such association— (A) requires annual baseline concussion testing of each student athlete on the active roster of each team participating in a contact/collision sport or a limited-contact/impact sport (based on the most recent classification of sports published by the Committee on Sports Medicine of the American Academy of Pediatrics) before such student athlete may participate in any contact drills or activities; (B) prior to enforcing any remedy for an alleged infraction or violation of the policies of such association— (i) provides institutions and student athletes with the opportunity for a formal administrative hearing, not less than one appeal, and any other due process procedure the Secretary determines by regulation to be necessary; and (ii) hold in abeyance any such remedy until all appeals have been exhausted or until the deadline to appeal has passed, whichever is sooner; (C) with respect to institutions attended by students receiving athletically related student aid (as defined in section 485(e)), requires any such athletically related student aid provided to student athletes who play a contact/collision sport (based on the most recent classification of sports published by the Committee on Sports Medicine of the American Academy of Pediatrics) to be— (i) guaranteed for the duration of the student athlete's attendance at the institution, up to 4 years; and (ii) irrevocable for reasons related to athletic skill or injury of the student athlete; and (D) does not have in place a policy that prohibits institutions from paying stipends to student athletes. . 3. Application of title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) shall not apply with respect to any activity carried out by an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) to comply with a nonprofit athletic association membership requirement that is described in paragraph (30)(C) of section 487(a) of such Act of 1965 ( 20 U.S.C. 1092(a) ), as amended by section 2 of this Act.
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113-hr-2904
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I 113th CONGRESS 1st Session H. R. 2904 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Whitfield (for himself, Mr. Polis , Mr. Perlmutter , Mr. Ben Ray Luján of New Mexico , Ms. DeGette , Mr. Loebsack , Ms. Kaptur , Ms. Brownley of California , Mr. Young of Florida , Mr. Coffman , and Mr. Honda ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for payment to the survivor or surviving family members of compensation otherwise payable to a contractor employee of the Department of Energy who dies after application for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000, and for other purposes.
1. Short title This Act may be cited as the Nuclear Workers Compensation Act . 2. Payment of compensation to survivors of Department of Energy contractor employees (a) In general Section 3672 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–1 ) is amended to read as follows: 3672. Compensation to be provided Subject to the other provisions of this subtitle: (1) Contractor employees (A) In general A covered DOE contractor employee shall receive contractor employee compensation under this subtitle in accordance with section 3673. (B) Compensation after death of contractor employee (i) In general Except as provided in paragraph (2)(B), if the death of a contractor employee occurs after the employee applies for compensation under this subtitle but before such compensation is paid, the amount of compensation described in clause (ii) shall be paid to a survivor (as that term is used in section 3674) of the employee or, if the employee has no such survivors, to the surviving family members of the employee in accordance with the procedures set forth in section 3628(e)(1). (ii) Amount of compensation The amount of compensation described in this clause is the amount of compensation the contractor employee would have received pursuant to section 3673(a), except that if the Secretary cannot determine the minimum impairment rating of the employee under paragraph (1) of such section as a result of the death of the employee, such compensation shall not include compensation pursuant to such paragraph. (2) Survivors (A) In general Except as provided in subparagraph (B) or paragraph (1)(B), a survivor of a covered DOE contractor employee shall receive contractor employee compensation under this subtitle in accordance with section 3674. (B) Election of contractor employee compensation or survivor compensation A survivor who is otherwise eligible to receive compensation pursuant to both subparagraph (A) and paragraph (1)(B) shall not receive compensation pursuant to both subparagraph (A) and paragraph (1)(B), but shall receive compensation pursuant to subparagraph (A) or paragraph (1)(B), as elected by the survivor. (C) Compensation after death of survivor If the death of a survivor occurs after the survivor applies for compensation under this subtitle but before such compensation is paid and, in the case of compensation pursuant to paragraph (1)(B), there are no other survivors (as that term is used in section 3674) of the employee, the amount of compensation the survivor would have received under this section shall be paid to the surviving family members of the employee in accordance with the procedures set forth in section 3628(e)(1). . (b) Applicability The provisions of section 3672 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–1 ), as amended by subsection (a), shall apply to applications for compensation under subtitle E of such Act filed before, on, or after the date of the enactment of this Act.
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113-hr-2905
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I 113th CONGRESS 1st Session H. R. 2905 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Whitfield (for himself, Mr. Polis , Mr. Perlmutter , Mr. Ben Ray Luján of New Mexico , Ms. DeGette , Mr. Loebsack , Ms. Kaptur , Ms. Brownley of California , Mr. Young of Florida , Mr. Pierluisi , and Mr. Honda ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to strengthen the quality control measures in place for part B lung disease claims and to establish the Advisory Board on Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act.
1. Short title This Act may be cited as the Nuclear Workers Health Advisory Board Act . 2. Establishment of the Advisory Board on Toxic Substances and Worker Health (a) Advisory Board on Toxic Substances and Worker Health Subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l et seq. ) is amended by adding at the end the following: 3632. Advisory Board on Toxic Substances and Worker Health (a) Establishment (1) In general Not later than 120 days after the date of the enactment of this section, the President shall establish and appoint an Advisory Board on Toxic Substances and Worker Health (referred to in this section as the Board ). (2) Consultation on appointments The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues in order to ensure that the membership of the Board reflects a proper balance of perspectives from the scientific, medical, legal, worker, worker families, and worker advocate communities. (3) Chairperson The President shall designate a Chair of the Board from among its members. (b) Duties The Board shall— (1) advise the President concerning the review and approval of the Department of Labor site exposure matrix; (2) conduct periodic peer reviews of, and approve, medical guidance for part E claims examiners with respect to the weighing of a claimant’s medical evidence; (3) obtain periodic expert review of evidentiary requirements for part B claims related to lung disease regardless of approval; (4) provide oversight over industrial hygienists, Department of Labor staff physicians, and Department of Labor’s consulting physicians and their reports to ensure quality, objectivity, and consistency; and (5) coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health to the extent necessary (under section 3624). (c) Staff and powers (1) In general The President shall appoint a staff to facilitate the work of the Board. The staff of the Board shall be headed by a Director who shall be appointed under subchapter VIII of chapter 33 of title 5, United States Code. (2) Federal agency personnel The President may authorize the detail of employees of Federal agencies to the Board as necessary to enable the Board to carry out its duties under this section. The detail of such personnel may be on a non-reimbursable basis. (3) Powers The Board shall have same powers that the Advisory Board has under section 3624. (4) Contractors The Secretary shall employ outside contractors and specialists selected by the Board to support the work of the Board. (d) Expenses Members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serving at the request of the President, and while serving away from their homes or regular place of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence (as authorized by section 5703 of title 5, United States Code) for individuals in the Federal Government serving without pay. (e) Security clearances (1) Application The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate. (2) Determination The Secretary of Energy should, not later than 180 days after receiving a completed application for a security clearance under this subsection, make a determination whether or not the individual concerned is eligible for the clearance. (3) Report For fiscal year 2015, and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied. (f) Information The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board, access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as restricted data (as defined in section 11(y) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(y) )) and information covered by the Privacy Act. . (b) Department of Labor response to the Office of the Ombudsman annual report Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–15 ) is amended— (1) in subsection (e)(1), by striking February 15 and inserting July 30 ; and (2) by striking subsection (h) and inserting the following: (h) Response to report Not later than 180 days after the publication of the annual report under subsection (e), the Department of Labor shall submit an answer in writing on whether the Department agrees or disagrees with the specific issues raised by the Ombudsman, if the Department agrees, on the actions to be taken to correct the problems identified by the Ombudsman, and if the Department does not agree, on the reasons therefore. The Department of Labor shall post such answer on the public Internet website of the Department. .
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113-hr-2906
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I 113th CONGRESS 1st Session H. R. 2906 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Fitzpatrick (for himself and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend MAP–21 to improve contracting opportunities for veteran-owned small business concerns, and for other purposes.
1. Short title This Act may be cited as the Fairness to Veterans for Infrastructure Investment Act of 2013 . 2. Disadvantaged business enterprises Section 1101(b) of MAP–21 ( 23 U.S.C. 101 note) is amended— (1) in paragraph (2) by adding at the end the following: (C) Veteran-owned small business concern The term veteran-owned small business concern has the meaning given the term small business concern owned and controlled by veterans in section 3(q) of the Small Business Act ( 15 U.S.C. 632(q) ). ; (2) in paragraph (3) by inserting and veteran-owned small business concerns before the period at the end; and (3) in paragraph (4)(B)— (A) in clause (ii) by striking and at the end; (B) in clause (iii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iv) veterans. .
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113-hr-2907
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I 113th CONGRESS 1st Session H. R. 2907 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Wilson of South Carolina introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that members of the reserve components of the Armed Forces who have served on active duty or performed active service since September 11, 2001, in support of a contingency operation or in other emergency situations receive credit for such service in determining eligibility for early receipt of non-regular service retired pay, and for other purposes.
1. Short title This Act may be cited as the National Guardsmen and Reservists Parity for Patriots Act . 2. Findings Congress makes the following findings: (1) Since September 11, 2001, members of the reserve components of the Armed Forces have been sent into harm's way and fought alongside members of the regular components of the Armed Forces. (2) Between September 11, 2001, and January 28, 2008, more than 600,000 members of the reserve components have been mobilized in support of military operations in Iraq and Afghanistan and for other contingency operations. (3) More than 142,000 members of the reserve components have been mobilized more than once during this same period. (4) In recognition of the service performed by these members of the reserve components, Congress enacted section 647 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 , 122 Stat. 160), which amended section 12731 of title 10, United States Code, to offer an earlier retirement benefit for members of the reserve components who are mobilized in support of contingency operations. (5) However, the amendment made by section 647 of the National Defense Authorization Act for Fiscal Year 2008 only considers service performed after the date of the enactment of such Act, January 28, 2008, and this effective date fails to recognize the service and sacrifice made by members of the reserve components between September 11, 2001, and January 28, 2008. 3. Consideration of service since September 11, 2001, in determining early eligibility for receipt of non-regular service retired pay Section 12731(f)(2)(A) of title 10, United States Code, as added by section 647 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 , 122 Stat. 160), is amended— (1) by striking January 28, 2008 and inserting September 11, 2001 ; and (2) by striking in any fiscal year after such date and inserting such duty or service after that date during fiscal year 2002 and any subsequent fiscal year .
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113-hr-2908
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I 113th CONGRESS 1st Session H. R. 2908 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Cole introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to allow the use of physical damage disaster loans for the construction of safe rooms.
1. Short title This Act may be cited as the Tornado Family Safety Act of 2013 . 2. Use of physical damage disaster loans Section 7(b)(1)(A) of the Small Business Act ( 15 U.S.C. 636(b)(1)(A) ) is amended— (1) by striking the Administration may increase and inserting the Administration may, subject to section 18(a), increase ; and (2) by striking and modifying structures and inserting , and modifying structures (including construction of a safe room or similar storm shelter designed to protect property and occupants from tornadoes or other natural disasters) .
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113-hr-2909
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I 113th CONGRESS 1st Session H. R. 2909 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Bishop of New York (for himself, Mr. McKinley , Mr. Michaud , Mr. Grimm , Mr. Gene Green of Texas , and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Armed Services , Oversight and Government Reform , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.
1. Short title This Act may be cited as the The United States Call Center Worker and Consumer Protection Act of 2013 . 2. Definitions In this Act: (1) Agency The term agency means a Federal or State executive agency or a military department. (2) Business entity The term business entity means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States. (3) Call center The term call center means a facility or other operation whereby employees receive incoming telephone calls, emails, or other electronic communication for the purpose of providing customer assistance or other service. (4) Consumer The term consumer means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual’s household. (5) Customer service communication The term customer service communication means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce. (6) Employer The term employer means any business enterprise that employs in a call center— (A) 50 or more employees, excluding part-time employees; or (B) 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of hours of overtime). (7) Part-time employee The term part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (8) Relocating and relocation The terms relocating and relocation refer to the closure of a call center, or the cessation of operations of a call center, or 1 or more facilities or operating units within a call center comprising at least 30 percent of the call center’s, or operating unit’s, total volume when measured against the previous 12-month average call volume of operations or substantially similar operations to a location outside of the United States. (9) Secretary The term Secretary means the Secretary of Labor. (10) Telecommunication The term telecommunication means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received. (11) Wire communication and communication by wire The term wire communication or communication by wire means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. 3. List of call centers relocating overseas and ineligibility for grants or guaranteed loans (a) List (1) Notice requirement (A) In general Not fewer than 120 days before relocating a call center to a location outside of the United States, an employer shall notify the Secretary of such relocation. (B) Penalty A person who violates subparagraph (A) shall be subject to a civil penalty not to exceed $10,000 for each day of violation. (2) Establishment and maintenance of list (A) In general The Secretary shall establish, maintain, and make available to the public a list of all employers who relocate a call center as described in paragraph (1)(A). (B) Term Each employer included in the list required by subparagraph (A) shall remain on the list for a period not to exceed 3 years after each instance of relocating a call center. (C) Removal The Secretary may remove an employer from the list required by subparagraph (A) if the Secretary determines that the employer has relocated a call center from a location outside of the United States to a location in the United States. (b) Ineligibility for grants or guaranteed loans (1) Ineligibility Except as provided in subsection (b) and notwithstanding any other provision of law, an employer who appears on the list required by subsection (a)(2)(A) shall be ineligible for any direct or indirect Federal grants or Federal guaranteed loans for 5 years after the date such employer was added to the list. (2) Exceptions The Secretary, in consultation with the appropriate agency providing a loan or grant, may waive the eligibility restriction provided under subsection (a) if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would— (A) threaten national security; (B) result in substantial job loss in the United States; or (C) harm the environment. (c) Preference in Federal contracting for not relocating a call center overseas The head of an agency, when awarding a civilian or defense-related contract, shall give preference to a United States employer that does not appear on the list required by subsection (a)(2)(A). (d) Effective date This section shall take effect on the date that is 1 year after the date of the enactment of this Act. 4. Rule of construction related to Federal benefits for workers No provision of section 3 shall be construed to permit withholding or denial of payments, compensation, or benefits under any provision of Federal law (including Federal unemployment compensation, disability payments, or worker retraining or readjustment funds) to workers employed by employers that relocate operations outside the United States. 5. Required disclosure by business entities engaged in customer service communications of physical location (a) In general Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received. (b) Exceptions (1) Business entities located in the United States The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (2) Communication initiated by consumer knowingly to foreign entity or address The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if— (A) the customer service communication was initiated by the consumer; (B) the employee or agent is physically located outside the United States; and (C) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (3) Emergency services The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (4) Business entities and customer service communications excluded by Federal Trade Commission The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (c) Transfer to U.S.-Based customer service center A business entity that is subject to the requirements of subsection (a) shall, at the request of a customer, transfer the customer to a customer service agent who is physically located in the United States. (d) Certification requirement Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsections (a) and (c). (e) Regulations Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this section. (f) Effective date The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act. 6. Enforcement (a) In general Any failure to comply with the provisions of section 5 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Federal Trade Commission (1) In general The Federal Trade Commission shall prevent any person from violating section 5 and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Penalties Any person who violates regulations promulgated under section 5 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act. (c) Authority preserved Nothing in this section or section 5 shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2909ih/xml/BILLS-113hr2909ih.xml
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113-hr-2910
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I 113th CONGRESS 1st Session H. R. 2910 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Waxman (for himself, Mr. Pallone , Mrs. Capps , Ms. Schakowsky , Ms. Matsui , Mrs. Napolitano , and Mr. Danny K. Davis of Illinois ) 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 protect American children and their families from the epidemic of gun violence by banning access to certain weapons, strengthening the Nation’s mental health infrastructure, and improving the understanding of gun violence.
1. Short title; table of contents (a) Short title This Act may be cited as the Gun Violence Prevention and Reduction Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Banning Access to Do-It-Yourself Assault Weapons Sec. 101. Do-it-yourself assault weapon ban. Sec. 102. Prohibition of advertising do-it-yourself assault weapons. Sec. 103. Definitions. Sec. 104. Construction. Title II—Strengthening the Nation’s Mental Health Infrastructure Subtitle A—Advancing Research on Serious Mental Illness Sec. 201. National Institute of Mental Health research program on serious mental illness. Subtitle B—Improving the Mental Health Workforce Sec. 211. National Health Service Corps scholarship and loan repayment funding for behavioral and mental health professionals. Sec. 212. Reauthorization of HRSA’s Mental and Behavioral Health Education and Training Program. Sec. 213. Mental health awareness training for school and emergency services personnel. Sec. 214. SAMHSA grant program for development and implementation of curricula for continuing education on serious mental illness. Sec. 215. Clarification of HIPAA training requirements regarding disclosure of protected health information concerning individuals with mental health disorders. Subtitle C—Expanding Access to Mental Health Services Sec. 221. Advancing Wellness and Resilience in Education (AWARE) Initiative. Sec. 222. SAMHSA and HRSA integration of mental health services into primary care settings. Sec. 223. Children’s recovery from trauma. Sec. 224. Information on geriatric mental health disorders. Sec. 225. GAO study on availability of inpatient beds. Sec. 226. Reporting requirements for block grants regarding mental health and substance use disorders. Sec. 227. Mental health parity. Subtitle D—Promoting Public Awareness of Mental Health Disorders and Reducing Stigma of Such Disorders Sec. 231. Promoting public awareness of mental health disorders and reducing stigma of such disorders. Title III—Understanding the Epidemic of Gun Violence Sec. 301. Reaffirming CDC research authority. Sec. 302. National violent death reporting system. Sec. 303. Protecting confidential doctor-patient relationship. I Banning Access to Do-It-Yourself Assault Weapons 101. Do-it-yourself assault weapon ban (a) Banned hazardous products Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(A)(5)(E)), a firearm receiver casting or firearm receiver blank that— (1) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code, and (2) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machine gun, shall be considered a banned hazardous product under section 8 of such Act (15 U.S.C. 2057). (b) Prohibited Acts It shall be unlawful for any person to sell, offer for sale, manufacture for sale, or import into the United States for sale, to a consumer— (1) an assault weapon parts kit; or (2) a machinegun parts kit. (c) Enforcement (1) Subsection (a) shall be treated as a ban under section 19 of the Consumer Product Safety Act ( 15 U.S.C. 2068 ). (2) Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(A)(5)(E)), a violation of subsection (b) shall be treated as a violation of section 19 of such Act and any person who violates such subsection shall be subject to the penalties set forth in section 20 of such Act. (d) Consultation In enforcing this section, the Consumer Product Safety Commission shall periodically consult with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding effective strategies for and methods of enforcement. 102. Prohibition of advertising do-it-yourself assault weapons (a) In general It shall be unlawful to market or advertise, on any medium of electronic communications, including over the Internet, for the sale of any of the following: (1) A firearm receiver casting or firearm receiver blank that— (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which it functions as a firearm frame or receiver for a semiautomatic assault weapon or machinegun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement by the Federal Trade Commission A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Rule of construction Nothing contained in this title shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. 103. Definitions (a) Terms For purposes of this title— (1) the term assault weapon parts kit means any part or combination of parts not designed and intended for repair or replacement but designed and intended to enable a consumer who possesses all such necessary parts to assemble a semiautomatic assault weapon; (2) the term machinegun parts kit means any part or combination of parts designed and intended to enable a consumer who possesses all such necessary parts to assemble a machinegun or convert a firearm into a machinegun; (3) the term semiautomatic assault weapon means— (A) a semiautomatic rifle or semiautomatic shotgun that has the capacity to accept a detachable ammunition magazine; or (B) a semiautomatic pistol that has— (i) the capacity to accept a detachable ammunition magazine; and (ii) any one of the features described in subsection (b); (4) the term machinegun has the meaning given such term in section 5845(b) of title 26, United States Code; (5) the term semiautomatic pistol means any repeating pistol that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of the trigger to fire each cartridge; (6) the term semiautomatic rifle has the meaning given such term in section 921(a)(28) of title 18, United States Code; and (7) the term semiautomatic shotgun means any repeating shotgun that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of a trigger to fire each cartridge. (b) Special features of a semiautomatic pistol The special features described in paragraph (3)(B)(ii) are— (1) an ammunition magazine that attaches to the pistol outside of the pistol grip; (2) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (3) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (4) a manufactured weight of 50 ounces or more when the pistol is unloaded; and (5) a semiautomatic version of an automatic firearm. 104. Construction Nothing in this title shall be construed as limiting the ability of a State to enact more restrictive gun-related laws, or bans on firearm receiver casts, firearm receiver blanks, assault weapon parts kits, or machinegun parts kits. II Strengthening the Nation’s Mental Health Infrastructure A Advancing Research on Serious Mental Illness 201. National Institute of Mental Health research program on serious mental illness (a) Purpose of Institute Section 464R(a) of the Public Health Service Act ( 42 U.S.C. 285p(a) ) is amended by inserting serious mental illness research, after biomedical and behavioral research, . (b) Research program Section 464R(b) of the Public Health Service Act ( 42 U.S.C. 285p(b) ) is amended— (1) by striking The research program and inserting the following: (1) In general The research program ; (2) by striking to further the treatment and prevention of mental illness and inserting to further the treatment and prevention of mental illness (including serious mental illness) ; and (3) by adding at the end the following: (2) Research with respect to serious mental illness As part of the research program established under this subpart, the Director of the Institute shall conduct or support research on serious mental illness, including with respect to— (A) the causes, prevention, and treatment of serious mental illness; and (B) interventions to improve early identification of individuals with serious mental illness and referral of such individuals to mental health professionals for treatment. . (c) Biennial report Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended— (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: (L) Serious mental illness. . B Improving the Mental Health Workforce 211. National Health Service Corps scholarship and loan repayment funding for behavioral and mental health professionals Section 338H of the Public Health Service Act ( 42 U.S.C. 254q ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: (b) Additional funding for behavioral and mental health professionals In addition to the amounts authorized to be appropriated under subsection (a), and in addition to the amounts appropriated under section 10503 of Public Law 111–148 , there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018 for scholarships and loan repayments under this subpart for ensuring, as described in sections 338A(a) and 338B(a), an adequate supply of behavioral and mental health professionals. . 212. Reauthorization of HRSA’s Mental and Behavioral Health Education and Training Program Subsection (e) of section 756 of the Public Health Service Act ( 42 U.S.C. 294e–1 ) is amended to read as follows: (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . 213. Mental health awareness training for school and emergency services personnel Section 520J of the Public Health Service Act (42 U.S.C. 290bb–41) is amended— (1) in the section heading, by inserting Mental health awareness before Training ; and (2) in subsection (b)— (A) in the subsection heading, by striking illness and inserting health ; (B) in paragraph (1)— (i) by inserting and other categories of individuals, as determined by the Secretary, after emergency services personnel ; and (ii) by striking mental illness each place it appears and inserting mental health disorder ; (C) in paragraph (5)— (i) in the matter preceding subparagraph (A), by striking to and inserting for evidence-based programs for the purpose of ; and (ii) by striking subparagraphs (A) through (C) and inserting the following: (A) recognizing the signs and symptoms of mental health disorders; and (B) (i) providing education to personnel regarding resources available in the community for individuals with a mental health disorder and other relevant resources; or (ii) the safe de-escalation of crisis situations involving individuals with a mental health disorder. ; and (D) by amending paragraph (7) to read as follows: (7) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal years 2014 through 2018. . 214. SAMHSA grant program for development and implementation of curricula for continuing education on serious mental illness Title V of the Public Health Service Act is amended by inserting after section 520I ( 42 U.S.C. 290bb–40 ) the following: 520I–1. Curricula for continuing education on serious mental illness (a) Grants The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with serious mental illness. (b) Eligible entities To be eligible to seek a grant under this section, an entity shall be a public or nonprofit entity that— (1) provides continuing education or training to health care professionals; or (2) applies for the grant in partnership with another entity that provides such education and training. (c) Preference In awarding grants under this section, the Secretary shall give preference to eligible entities proposing to develop and implement curricula for providing continuing education and training to— (1) health care professionals in primary care specialities; or (2) health care professionals who are required, as a condition of State licensure, to participate in continuing education or training specific to mental health. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . 215. Clarification of HIPAA training requirements regarding disclosure of protected health information concerning individuals with mental health disorders Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance regarding the requirements of section 164.530(b) of title 45, Code of Federal Regulations, so as to ensure that training under such section includes a clear explanation of the circumstances under which health care professionals and other covered entities (as such term is defined for purposes of regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996) are permitted or required to disclose protected health information concerning individuals with a mental health disorder. C Expanding Access to Mental Health Services 221. Advancing Wellness and Resilience in Education (AWARE) Initiative (a) Children and adolescents, violence, and school- and community-Based mental health (1) In general The first section 581 (in the first part G relating to projects for children and violence) of the Public Health Service Act ( 42 U.S.C. 290hh ) is amended to read as follows: 581. Children and adolescents, violence, and school- and community-based mental health (a) In general The Secretary shall, directly or through grants, contracts, or cooperative agreements awarded to local educational agencies and other public entities, assist schools and local communities in implementing a comprehensive mental health program that— (1) assists children and adolescents in dealing with trauma and violence; (2) provides comprehensive, age-appropriate mental health services and supports; (3) is linguistically and culturally appropriate; and (4) incorporates age-appropriate strategies of positive behavioral interventions and supports. (b) Collaboration; consultation The Secretary shall carry out this section— (1) in collaboration with the Secretary of Education; and (2) in consultation with the Attorney General of the United States. (c) Activities In carrying out subsection (a), the Secretary may— (1) provide financial and technical support to enable schools and local communities to implement a comprehensive mental health program described in such subsection; (2) facilitate community partnerships among families, students, law enforcement agencies, education systems, mental health and substance use disorder service systems, family-based mental health service systems, welfare agencies, health care systems (including physicians), faith-based programs, trauma networks, and other community-based systems; and (3) establish mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. (d) Requirements (1) In general To be eligible for an award under this section, an entity shall— (A) be a partnership between a local educational agency and at least one community program or agency that is involved in mental health activities; and (B) submit an application that— (i) is endorsed by all members of the partnership; (ii) designates an entity to serve as coordinator of the activities to be funded through the award; and (iii) contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) for a comprehensive mental health program shall contain assurances as follows: (A) The local educational agency involved will enter into a memorandum of understanding— (i) with— (I) at least one of each of the following: a public or private mental health entity, a health care entity, a law enforcement or juvenile justice entity, a child welfare agency, a family-based mental health entity, a family or family organization, and a trauma network; and (II) any other community-based entities deemed appropriate by the local educational agency; and (ii) that specifies— (I) the responsibilities of each partner with respect to the activities to be carried out; (II) how each partner will be accountable for carrying out such responsibilities; and (III) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) The program will address— (i) the promotion of the social, emotional, and behavioral health of all students in an environment that is conducive to learning; (ii) the reduction in the likelihood of at-risk students developing social, emotional, or behavioral health problems, or substance use disorders; (iii) the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, or behavioral health problems, or substance use disorders; and (v) the development and implementation of programs to assist children and adolescents in dealing with trauma and violence. (C) For appropriate school personnel, the program will provide in-service training on— (i) the techniques and supports needed for the early identification of children and adolescents with trauma histories and children and adolescents with, or at risk of, mental health disorders; (ii) the use of referral mechanisms that effectively link such children and adolescents to appropriate treatment and intervention services in the school and in the community and to followup when services are not available; (iii) strategies that promote a school-wide positive environment; (iv) strategies for promoting the social, emotional, mental, and behavioral health of all students; and (v) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive mental health programs. (D) For parents, siblings, and other family members of children and adolescents with mental health disorders, and for members of the community, the program will provide training on— (i) the techniques and supports described in subparagraph (C)(i); (ii) the referral mechanisms and followup described in subparagraph (C)(ii); and (iii) the strategies described in clauses (iii), (iv), and (v) of subparagraph (C). (E) A plan will be developed and implemented to sustain the program after funding under this section terminates. (F) The local educational agency partnership involved will be supported by the appropriate State educational and mental health authority to ensure that the sustainability of the program is established after funding under this section terminates. (G) The program will— (i) be based on evidence-based practices, including those related to trauma; (ii) be implemented in a culturally and linguistically appropriate manner; (iii) be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act; and (iv) include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services. (H) The program will provide mental health services through qualified mental and behavioral health professionals who are— (i) certified or licensed by the State involved; and (ii) practicing within their area of expertise. (3) Compliance with HIPAA An award recipient under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 with respect to any patient records developed through activities funded through the award. (e) Geographical distribution The Secretary shall ensure that awards under this section are distributed equitably among the regions of the country and among urban and rural areas. (f) Duration of awards The period of an award under this section shall be 6 years. An entity may receive only one award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding award period. (g) Program evaluation and outcome measures (1) Development of process The Secretary shall develop a process for evaluating comprehensive mental health programs under this section that includes— (A) the development of guidelines for the submission of program data by an award recipient; (B) the development of outcome measures (in accordance with paragraph (2)) to be applied by such recipient, and used by the Secretary, to measure and evaluate the program’s effectiveness and success; and (C) the submission by such recipient of annual reports— (i) concerning the effectiveness and success of the program; and (ii) including data and other information relating to each outcome measure developed under subparagraph (B). (2) Outcome measures (A) Student and family measures The outcome measures developed under paragraph (1)(B) shall include outcome measures relating to students and families, which, at a minimum, should be designed to measure a program’s effectiveness in— (i) increasing social and emotional competency; (ii) increasing academic competency (as defined by Secretary); (iii) reducing disruptive and aggressive behaviors; (iv) improving child and adolescent functioning; (v) reducing substance use disorders; (vi) reducing suspensions, truancy, expulsions, and violence; (vii) increasing graduation rates (as defined under section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965); and (viii) improving access to care for mental health disorders. (B) Local educational system measures The outcome measures developed under paragraph (1)(B) shall include outcome measures relating to local educational systems, which, at a minimum, should be designed to measure— (i) the effectiveness of— (I) formal partnership linkages among child and family-serving institutions, community support systems, and the educational system in addressing mental health disorders; and (II) training and professional development programs, including culturally and linguistically appropriate training for appropriate school personnel; and (ii) the progress in— (I) improving the perception of a safe and supportive learning environment among school staff, students, and parents; (II) improving the identification of students in need of more intensive mental health services and referral of such students to early intervention and clinical mental health services; (III) improving access to clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; and (IV) improving rates of matriculation to postsecondary school and reducing referrals to the juvenile justice system. (3) Evaluation and dissemination by Secretary (A) Evaluation The Secretary shall annually submit to Congress a report on the effectiveness and success of the programs under this section, based on the data submitted under paragraph (1)(C). (B) Dissemination The Secretary shall establish comprehensive information and education programs to disseminate to the general public and to health care professionals findings and conclusions based on the data submitted under paragraph (1)(C). (4) Limitation on evaluation activities An award recipient shall not use more than 10 percent of amounts received under this section to carry out evaluation activities. (h) Definition In this section, the terms children and adolescents and child and adolescent refer to individuals under 22 years of age. (i) Funding (1) Amount of awards An award to an entity under this section shall not exceed $1,000,000 for each of fiscal years 2014 through 2018. The Secretary shall determine the amount of each award based on the population of children and adolescents in the area to be served through the award. (2) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2014 through 2018. . (2) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act (42 U.S.C. 290kk et seq.) is amended— (A) by redesignating such part as part J; and (B) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (3) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq. ), as amended by this subsection, is further amended by striking the part heading and inserting the following: G School-based mental health . (b) Garrett Lee Smith Memorial Act reauthorization (1) Suicide prevention technical assistance center Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 ) is amended— (A) in the section heading, by striking the section heading and inserting Suicide prevention technical assistance center. ; (B) in subsection (a), by striking and in consultation with and all that follows through the period at the end of paragraph (2) and inserting shall establish a research, training, and technical assistance resource center to provide appropriate information, training, and technical assistance to States, political subdivisions of States, federally recognized Indian tribes, tribal organizations, institutions of higher education, public organizations, or private nonprofit organizations regarding the prevention of suicide among all ages, particularly among groups that are at high risk for suicide. ; (C) by striking subsections (b) and (c); (D) by redesignating subsection (d) as subsection (b); (E) in subsection (b), as so redesignated— (i) by striking the subsection heading and inserting Responsibilities of the center. ; (ii) in the matter preceding paragraph (1), by striking The additional research and all that follows through nonprofit organizations for and inserting The center established under subsection (a) shall conduct activities for the purpose of ; (iii) by striking youth suicide each place such term appears and inserting suicide ; (iv) in paragraph (1)— (I) by striking the development or continuation of and inserting developing and continuing ; and (II) by inserting for all ages, particularly among groups that are at high risk for suicide before the semicolon at the end; (v) in paragraph (2), by inserting for all ages, particularly among groups that are at high risk for suicide before the semicolon at the end; (vi) in paragraph (3), by inserting and tribal after statewide ; (vii) in paragraph (5), by inserting and prevention after intervention ; (viii) in paragraph (8), by striking in youth ; (ix) in paragraph (9), by striking and behavioral health and inserting health and substance use disorder ; and (x) in paragraph (10), by inserting conducting before other ; and (F) by striking subsection (e) and inserting the following: (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . (2) Youth suicide early intervention and prevention strategies Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 ) is amended— (A) in paragraph (1) of subsection (a) and in subsection (c), by striking substance abuse each place such term appears and inserting substance use disorder ; (B) in subsection (b)(2)— (i) by striking each State is awarded only 1 grant or cooperative agreement under this section and inserting a State does not receive more than 1 grant or cooperative agreement under this section at any 1 time ; and (ii) by striking been awarded and inserting received ; and (C) by striking subsection (m) and inserting the following: (m) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . (3) Mental health and substance use disorder services Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b ) is amended— (A) in the section heading, by striking and behavioral health and inserting health and substance use disorder services ; (B) in subsection (a)— (i) by striking Services, and inserting Services and ; (ii) by striking and behavioral health problems and inserting health or substance use disorders ; and (iii) by striking substance abuse and inserting substance use disorders ; (C) in subsection (b)— (i) in the matter preceding paragraph (1), by striking for— and inserting for one or more of the following: ; and (ii) by striking paragraphs (1) through (6) and inserting the following: (1) Educating students, families, faculty, and staff to increase awareness of mental health and substance use disorders. (2) Operating hotlines. (3) Preparing informational material. (4) Providing outreach services to notify students about available mental health and substance use disorder services. (5) Administering voluntary mental health and substance use disorder screenings and assessments. (6) Supporting the training of students, faculty, and staff to respond effectively to students with mental health and substance use disorders. (7) Creating a network infrastructure to link colleges and universities with health care providers who treat mental health and substance use disorders. ; (D) in subsection (c)(5), by striking substance abuse and inserting substance use disorder ; (E) in subsection (d)— (i) in the matter preceding paragraph (1), by striking An institution of higher education desiring a grant under this section and inserting To be eligible to receive a grant under this section, an institution of higher education ; (ii) in paragraph (1)— (I) by striking and behavioral health and inserting health and substance use disorder ; and (II) by inserting , including veterans as appropriate, after students ; and (iii) in paragraph (2), by inserting , which may include, as appropriate and in accordance with subsection (b)(7), a plan to seek input from relevant stakeholders in the community, including appropriate public and private entities, in order to carry out the program under the grant before the period at the end; (F) in subsection (e)(1), by striking and behavioral health problems and inserting health and substance use disorders ; (G) in subsection (f)(2)— (i) by striking and behavioral health and inserting health and substance use disorder ; and (ii) by striking suicide and substance abuse and inserting suicide and substance use disorders ; and (H) by amending subsection (h) to read as follows: (h) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . (c) Mental health awareness training grants For provisions of the Advancing Wellness and Resilience in Education (AWARE) Initiative relating to mental health awareness training for school and emergency services personnel, see section 213 of this Act. (d) Evaluation Not later than the end of fiscal year 2017, the Secretary of Health and Human Services shall submit to the Congress a report on the implementation and effectiveness of the activities carried out under sections 581, 520C, 520E, and 520E–2 of the Public Health Service Act, as amended by this section, and section 520J of the Public Health Service Act, as amended by section 213. 222. SAMHSA and HRSA integration of mental health services into primary care settings Title V of the Public Health Service Act is amended by inserting after section 520K ( 42 U.S.C. 290bb–42 ) the following: 520K–1. Awards for co-locating mental health services in primary care settings (a) Program authorized The Secretary, acting through the Administrators of the Substance Abuse and Mental Health Services Administration and the Health Resources and Services Administration, shall award grants, contracts, and cooperative agreements to eligible entities for the provision of coordinated and integrated mental health services and primary health care. (b) Eligible entities To be eligible to seek a grant, contract, or cooperative agreement this section, an entity shall be a public or nonprofit entity. (c) Use of funds An eligible entity receiving an award under this section shall use the award for the provision of coordinated and integrated mental health services and primary health care through— (1) the co-location of mental health services in primary care settings; (2) the use of care management services to facilitate coordination between mental health and primary care providers; (3) the use of information technology (such as telemedicine)— (A) to facilitate coordination between mental health and primary care providers; or (B) to expand the availability of mental health services; or (4) the provision of training and technical assistance to improve the delivery, effectiveness, and integration of mental health services into primary care settings. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . 223. Children’s recovery from trauma Section 582 of the Public Health Service Act ( 42 U.S.C. 290hh–1 ) is amended— (1) in subsection (a), by striking developing programs and all that follows and inserting “developing and maintaining programs that provide for— (1) the continued operation of the National Child Traumatic Stress Initiative (referred to in this section as the NCTSI ), including a coordinating center, that focuses on the mental, behavioral, and biological aspects of psychological trauma response; and (2) the development of knowledge with regard to evidence-based practices for identifying and treating mental, behavioral, and biological disorders of children and youth resulting from witnessing or experiencing a traumatic event. ; (2) in subsection (b) by striking subsection (a) related and all that follows through the end of the subsection and inserting subsection (a)(2) (related to the development of knowledge on evidence-based practices for treating mental, behavioral, and biological disorders associated with psychological trauma), the Secretary shall give priority to universities, hospitals, mental health agencies, and other programs that have established clinical expertise and research experience in the field of trauma-related mental disorders. ; (3) by redesignating subsections (c) through (g) as subsections (e) through (i), respectively; (4) by inserting after subsection (b), the following: (c) National Child Traumatic Stress Initiative The NCTSI coordinating center shall— (1) collect, analyze, and report NCTSI-wide child treatment process and outcome data regarding the early identification and delivery of evidence-based treatment and services for children and families served by the NCTSI grantees; (2) facilitate the coordination of training initiatives in evidence-based and trauma-informed treatments, interventions, and practices offered to NCTSI grantees, providers, and partners; and (3) collaborate, as appropriate, with the Secretary in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources to appropriate stakeholders. (d) Review The Secretary shall, consistent with the peer review process, ensure that NCTSI applications are reviewed by appropriate experts in the field, including experts in child trauma. ; (5) in subsection (e) (as so redesignated), by striking with respect to centers of excellence are distributed equitably among the regions of the country and inserting are distributed equitably among the regions of the United States ; (6) in subsection (g) (as so redesignated), by striking recipient may not exceed 5 years and inserting recipient shall not be less than 4 years, but shall not exceed 5 years ; and (7) by amending subsection (h) (as so redesignated) to read as follows: (h) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . 224. Information on geriatric mental health disorders Section 520A(e) of the Public Health Service Act (42 U.S.C. 290bb–32(e)) is amended by adding at the end the following: (3) Geriatric mental health disorders The Secretary shall, as appropriate, provide information to grantees regarding evidence-based practices for the prevention and treatment of geriatric mental health disorders and co-occurring mental health and substance use disorders among geriatric populations, as well as disseminate information about such evidence-based practices to States and nongrantees throughout the United States. . 225. GAO study on availability of inpatient beds Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on— (1) the availability of inpatient beds for treatment of mental health disorders; (2) the impact of such availability on access to, and the quality of, mental health services; and (3) the impact on individuals with serious mental illness and on States of the exclusion from medical assistance under section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) of payment with respect to care or services for certain patients in an institution for mental diseases. 226. Reporting requirements for block grants regarding mental health and substance use disorders Section 1942 of the Public Health Service Act ( 42 U.S.C. 300x–52 ) is amended to read as follows: 1942. Requirement of reports and audits by States (a) Block grants for community mental health services (1) Annual report A funding agreement for a grant under section 1911 is that— (A) the State involved will prepare and submit to the Secretary an annual report on the activities funded through the grant; and (B) each such report shall be prepared by, or in consultation with, the State agency responsible for community mental health programs and activities. (2) Standardized form; contents In order to properly evaluate and to compare the performance of different States assisted under section 1911, reports under this section shall be in such standardized form and contain such information as the Secretary determines (after consultation with the States) to be necessary— (A) to secure an accurate description of the activities funded through the grant under section 1911; (B) to determine the extent to which funds were expended consistent with the State’s application transmitted under section 1917(a); and (C) to describe the extent to which the State has met the goals and objectives it set forth in its State plan under section 1912(b). (3) Minimum contents Each report under this section shall, at a minimum, include the following information: (A) (i) The number of individuals served by the State under subpart I (by class of individuals). (ii) The proportion of each class of such individuals which has health coverage. (iii) The types of services (as defined by the Secretary) provided under subpart I to individuals within each such class. (iv) The amounts spent under subpart I on each type of service (by class of individuals served). (B) Information on the status of mental health in the State, including information (by county and by racial and ethnic group) on each of the following: (i) The proportion of adolescents with serious mental illness (including major depression). (ii) The proportion of adults with serious mental illness (including major depression). (iii) The proportion of individuals with co-occurring mental health and substance use disorders. (iv) The proportion of children and adolescents with mental health disorders who seek and receive treatment. (v) The proportion of adults with mental health disorders who seek and receive treatment. (vi) The proportion of individuals with co-occurring mental health and substance use disorders who seek and receive treatment. (vii) The proportion of homeless adults with mental health disorders who receive treatment. (viii) The number of primary care facilities that provide mental health screening and treatment services onsite or by paid referral. (ix) The number of primary care physician office visits that include mental health screening services. (x) The number of juvenile residential facilities that screen admissions for mental health disorders. (xi) The number of deaths attributable to suicide. (C) Information on the number and type of health care practitioners licensed in the State and providing mental health-related services. (4) Availability of reports The Secretary shall, upon request, provide a copy of any report under this section to any interested public agency. (b) Block grants for prevention and treatment of substance use disorders (1) Annual report A funding agreement for a grant under section 1921 is that— (A) the State involved will prepare and submit to the Secretary an annual report on the activities funded through the grant; and (B) each such report shall be prepared by, or in consultation with, the State agency responsible for substance use disorder programs and activities. (2) Standardized form; contents In order to properly evaluate and to compare the performance of different States assisted under section 1921, reports under this section shall be in such standardized form and contain such information as the Secretary determines (after consultation with the States) to be necessary— (A) to secure an accurate description of the activities funded through the grant under section 1921; (B) to determine the extent to which funds were expended consistent with the State’s application transmitted under section 1932(a); and (C) to describe the extent to which the State has met the goals and objectives it set forth in its State plan under section 1932(b). (3) Minimum contents Each report under this section shall, at a minimum, include the following information: (A) (i) The number of individuals served by the State under subpart II (by class of individuals). (ii) The proportion of each class of such individuals which has health coverage. (iii) The types of services (as defined by the Secretary) provided under subpart II to individuals within each such class. (iv) The amounts spent under subpart II on each type of service (by class of individuals served). (B) Information on the status of substance use disorders in the State, including information (by county and by racial and ethnic group) on each of the following: (i) The proportion of adolescents using alcohol or other addictive drugs (including nicotine). (ii) The proportion of adults (including pregnant women) using alcohol or other addictive drugs (including nicotine). (iii) The proportion of adolescents using prescription drugs for nonmedical purposes. (iv) The proportion of adults using prescription drugs for nonmedical purposes. (v) The number of individuals (including pregnant women) admitted to substance use disorder treatment programs (including group home arrangements). (vi) The number of deaths attributable to alcohol. (vii) The number of deaths attributable to illicit drugs. (viii) The number of deaths attributable to prescription drugs. (C) Information on the number and type of health care practitioners licensed in the State and providing substance use disorder-related services. (4) Availability of reports The Secretary shall, upon request, provide a copy of any report under this section to any interested public agency. . 227. Mental health parity In the case of a group health plan or health insurance coverage that provides both medical and surgical benefits and mental health and substance use disorder benefits, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (subtitle B of title V of division C of Public Law 110–343 ) and the amendments made thereby shall be construed to ensure full parity of such benefits, including— (1) at all levels of medically appropriate treatment; and (2) with respect to applicable medical management techniques. D Promoting Public Awareness of Mental Health Disorders and Reducing Stigma of Such Disorders 231. Promoting public awareness of mental health disorders and reducing stigma of such disorders Title V of the Public Health Service Act is amended by inserting after section 520E–2 (42 U.S.C. 290bb–40) the following: 520E–3. Promoting public awareness of mental health disorders and reducing stigma of such disorders (a) Program authorized The Secretary may, by awarding grants, contracts, and cooperative agreements to eligible entities, provide for planning, establishing, coordinating, and evaluating a nationwide public education campaign that is designed— (1) to promote public awareness and understanding of mental health disorders, including serious mental illness; and (2) to reduce the stigma associated with mental health disorders. (b) Eligible entities To be eligible to seek an award under this section, an entity shall be a public or nonprofit entity with demonstrated expertise in conducting a public health-related campaign. (c) Activities The public education campaign under this section shall include— (1) national education and outreach through television advertisements, radio advertisements, Internet-based resources, social media, and print media; and (2) community-based education and outreach. (d) Preference In making awards under this section, the Secretary shall give preference to eligible entities that— (1) have demonstrated expertise in conducting a public health-related campaign that is focused on mental health disorders; and (2) are proposing public education campaigns that will— (A) be carried out in partnership with local community partners; and (B) emphasize education and outreach targeting children, adolescents, and young adults through 24 years of age. (e) Consultation In carrying out this section, the Secretary shall consult with each of the following stakeholders: (1) Mental health consumers, including youth, adults, and family members. (2) Representatives of mental and behavioral health organizations. (3) Representatives of medical, public health, and behavioral health professional organizations. (4) Representatives of mental health providers, including community mental health centers. (5) Representatives of private- and public-sector groups with experience in the development of effective public health education campaigns. (6) Other stakeholders with relevant subject matter expertise as appropriate. (f) Evaluation As a condition on receipt of an award under this section, an eligible entity shall agree— (1) to evaluate the effectiveness of activities funded through the award; and (2) to report the results of such evaluation to the Secretary. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . III Understanding the Epidemic of Gun Violence 301. Reaffirming CDC research authority (a) In general Section 391 of the Public Health Service Act ( 42 U.S.C. 280b ) is amended— (1) in subsection (a)(1), by striking research relating to the causes, mechanisms, prevention, diagnosis, treatment of injuries, and rehabilitation from injuries; and inserting research, including data collection, relating to— (A) the causes, mechanisms, prevention, diagnosis, and treatment of injuries, including with respect to gun violence; and (B) rehabilitation from such injuries; ; and (2) by adding at the end the following new subsection: (c) No advocacy or promotion of gun control Nothing in this section shall be construed to— (1) authorize the Secretary to give assistance, make grants, or enter into cooperative agreements or contracts for the purpose of advocating or promoting gun control; or (2) permit a recipient of any assistance, grant, cooperative agreement, or contract under this section to use such assistance, grant, agreement, or contract for the purpose of advocating or promoting gun control. . (b) Authorization of appropriations Section 394A of the Public Health Service Act (42 U.S.C. 280b–3) is amended by striking authorized to be appropriated and all that follows through the end and inserting the following: authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2018. . 302. National violent death reporting system The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall improve, particularly through the inclusion of additional States, the National Violent Death Reporting System, as authorized by title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ). Participation in the system by the States shall be voluntary. 303. Protecting confidential doctor-patient relationship Section 2717(c) of the Public Health Service Act ( 42 U.S.C. 300gg–17(c) ) is amended by adding at the end the following new paragraph: (6) Rule of construction Notwithstanding the previous provisions of this subsection, none of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act, an amendment made by that Act, or this subsection shall be construed to prohibit a physician or other health care provider from— (A) asking a patient about the ownership, possession, use, or storage of a firearm or ammunition in the home of such patient; (B) speaking to a patient about gun safety; or (C) reporting to the authorities a patient’s threat of violence. .
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113-hr-2911
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I 113th CONGRESS 1st Session H. R. 2911 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Rush (for himself and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Federal Communications Commission to expand eligibility for part 74 licenses to certain wireless microphone users, to establish safe haven channels for wireless microphones, and to authorize access by owners and operators of wireless microphones to the TV bands databases for the purpose of protecting wireless microphone operations from interference.
1. Short title This Act may be cited as the Wireless Microphone Users Interference Protection Act of 2013 . 2. Eligibility for part 74 licenses Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall take such actions as are necessary to expand eligibility for licenses under section 74.832 of title 47, Code of Federal Regulations, to the owners of, and operators of events and performances at, the following sites: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Theaters. 3. Expanding scope of service rule Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall expand the scope of service and permissible transmissions currently set forth in section 74.831 of title 47, Code of Federal Regulations, to include the use of wireless microphones in rehearsals and live or recorded events and performances by the persons and entities made eligible for licenses pursuant to section 2 of this Act. 4. Safe haven channels The Federal Communications Commission shall establish 2 safe haven channels for exclusive use by wireless microphone users that are each 6 MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other than frequencies identified as guard bands and the mid-band gap between the frequencies designated for uplink and downlink service in auctioned 600 MHz spectrum. 5. Access to TV bands databases (a) Authorization The Federal Communications Commission shall authorize the owners and operators of wireless microphones (and their appointed technical representatives) to have access to the TV bands databases described in subpart H of part 15 of title 47, Code of Federal Regulations, for the purpose of protecting wireless microphone operations from interference. (b) Registration sites Sites that may be registered in the TV bands databases as sites where wireless microphone operations shall be protected pursuant to subsection (a) include the following: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Restaurants. (11) Theaters. 6. Definitions For purposes of this Act, the following definitions apply: (1) Amusement park The term amusement park means a commercially operated park equipped with various recreational devices, entertainment, and typically booths for games and the sale of food and drink. (2) Arena The term arena means any building or structure primarily used for an athletic contest, sporting event, or musical performance, such as a stadium or racetrack. (3) Convention center The term convention center means any civic building or group of buildings designed for events, such as conventions, industrial shows, and exhibitions, and which often includes an auditorium, a conference or meeting room, hotel accommodations, a restaurant, or other facilities. (4) Educational facility The term educational facility means any building, place, or institution where instruction to students is provided, including any daycare center, nursery school, public or private school, college or university, career or technical education school, or corporate training center. (5) House of worship The term house of worship means any building, place, or institution devoted to religious worship, including a church, synagogue, temple, mosque, or chapel. (6) Lodging facility The term lodging facility means any individual hotel, motel, or inn that makes accommodation available on a temporary basis for a charge. (7) Museum The term museum means a building, place, or institution devoted to the procurement, care, study, and display of works of art, scientific specimens, and other objects of lasting interest or value. (8) Outdoor venue The term outdoor venue means any outdoor place or area where a fair, concert, sporting event, circus, festival, exhibition, or civic ceremony or presentation is held, such as a fairground, golf course, or pavilion. Such term includes a place or area that is partially enclosed. (9) Recording studio The term recording studio means any facility used primarily for the commercial production or recording of live or prerecorded music, television, motion picture, or other kind of news, sports, entertainment, educational, or religious programming. (10) Restaurant The term restaurant means an establishment where meals may be purchased and consumed. (11) Theater The term theater means any place, building, enclosure, or structure with a seating capacity that is used for a dramatic performance, stage entertainment, musical performance, or motion picture show. (12) Wireless microphone The term wireless microphone means a low power auxiliary station, as defined in subpart H of part 74 of title 47, Code of Federal Regulations, as of the date of enactment of this Act.
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113-hr-2912
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I 113th CONGRESS 1st Session H. R. 2912 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Chaffetz (for himself, Mr. Coffman , Mr. Tierney , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 provide authority for the Special Inspector General for Afghanistan Reconstruction to suspend and debar contractors under certain circumstances.
1. Short title This Act may be cited as the Afghanistan Suspension and Debarment Reform Act . 2. Suspension and debarment authority for Special Inspector General for Afghanistan Reconstruction under certain circumstances (a) Suspension and debarment process Section 1229(g) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 5 U.S.C. App.) is amended by adding at the end the following new paragraph: (3) Suspension and debarment (A) Referral of case to lead agency In carrying out the duties, responsibilities, and authorities set forth under this section, the Inspector General (or the Inspector General’s designee) may refer a potential suspension or debarment case described in subparagraph (B) to the lead agency for that suspension or debarment. If such a referral is made, the Inspector General shall notify the Interagency Committee on Debarment and Suspension and the congressional committees described in subparagraph (G) of the referral. If the Inspector General is unable to determine which agency is the lead agency for purposes of a referral under this subparagraph, the Inspector General shall request the Interagency Committee to resolve the issue of which agency is the lead agency, in accordance with section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 31 U.S.C. 6101 note). (B) Covered cases (i) A potential suspension or debarment case described in this subparagraph is a case involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any— (I) covered prime contract; or (II) covered subcontract. (ii) In this subparagraph: (I) The term covered prime contract means a prime contract that is a contract described in subsection (i)(2). (II) The term covered subcontract means a subcontract that is a contract described in subsection (i)(2) under a covered prime contract. (C) Acceptance or declination of case Not later than 30 days after the date of referral of a suspension or debarment case under subparagraph (A), the lead agency shall— (i) accept or decline the case; and (ii) submit to the Inspector General and the Interagency Committee a written notification and rationale for accepting or declining the case. (D) Determination by Interagency Committee if lead agency declines case If the lead agency declines to accept a suspension or debarment case referred under subparagraph (A) or fails to respond to the referral, the Interagency Committee shall make a determination, not later than 45 days after the date of the referral of the case under subparagraph (A), regarding whether the Inspector General shall act as lead agency in the case. The Interagency Committee shall submit to the congressional committees described in subparagraph (G) a written notification of the determination. (E) Determination by lead agency if lead agency accepts case If the lead agency accepts a suspension or debarment case referred under subparagraph (A), the agency shall make a determination, not later than 60 days after the date of the referral of the case under subparagraph (A), to either suspend or debar the person that is the subject of the case or decline to suspend or debar the person. If the lead agency declines to suspend or debar the person, the lead agency shall, not later than 15 days after the determination, submit to the congressional committees described in subparagraph (G) a written notification and rationale for the determination to decline to suspend or debar the person. (F) Suspension and debarment authority of Inspector General (i) In general If the Interagency Committee determines under subparagraph (D) that the Inspector General may act as lead agency in a suspension or debarment case referred under subparagraph (A), then the Inspector General (or the Inspector General’s designee) may suspend or debar a person from procurement or nonprocurement activities of the Federal Government in accordance with regulations implementing the suspension and debarment system of the Federal Government, including the Federal Acquisition Regulation and the Office of Management and Budget guidelines to agencies on governmentwide debarment and suspension (nonprocurement) in part 180 of title 2 of the Code of Federal Regulations. (ii) Exception In exercising the authority provided under clause (i), the Inspector General (or the Inspector General’s designee) may, with respect to a particular contract, grant, or other procurement or nonprocurement activity, grant an exception that permits a person debarred or suspended pursuant to clause (i) to submit an offer for or be awarded the contract, grant, or other activity. If such an exception is granted, the Inspector General shall submit to the congressional committees described in subparagraph (G) a written notification and rationale for the exception. (G) Committees described The committees described in this subparagraph are the following: (i) The Committees on Foreign Affairs and on Oversight and Government Reform of the House of Representatives. (ii) The Committees on Foreign Relations and on Homeland Security and Governmental Affairs of the Senate. . (b) Definition of Interagency Committee Section 1229(m) of such Act ( Public Law 110–181 ; 5 U.S.C. App.) is amended by adding at the end the following new paragraph: (3) Interagency Committee on Debarment and Suspension The term Interagency Committee on Debarment and Suspension or Interagency Committee means the committee constituted under sections 4 and 5 of Executive Order No. 12549. . (c) Deadline for publication of rules The Director of the Office of Management and Budget shall publish any interim final rules submitted to the Office to implement the amendments made by this Act in the Federal Register within 30 days after the date of submission. (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 3. Comptroller General study and report (a) Study After the termination of the Office of Special Inspector General for Afghanistan Reconstruction under section 1229(o)(1) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 380; 5 U.S.C. App.), the Comptroller General of the United States shall conduct a study on the authority and process provided under section 1229(g)(3) of such Act (as added by section 2 of this Act). (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study carried out under subsection (a), with such recommendations as the Comptroller General considers appropriate with respect to the suspension and debarment system of the Federal Government.
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113-hr-2913
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I 113th CONGRESS 1st Session H. R. 2913 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Boustany introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize certain Department of Veterans Affairs major medical facility leases, and for other purposes.
1. Short title This Act may be cited as the Veterans' Local Access Act . 2. Authorization of fiscal year 2013 major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2013 at the locations specified, and in an amount for each lease not to exceed the amount shown for such location: (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,000. (4) For the Cobb County Community Based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,000. (6) For a community based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,966,000. (8) For a community based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community based outpatient clinic, San Diego, California, an amount not to exceed $11,946,000. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester Community Based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. 3. Authorization of fiscal year 2014 major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2014 at the locations specified, and in an amount for each lease not to exceed the amount shown for such location: (1) For the expansion of a community based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,000. (2) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (3) For the expansion of a community based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (4) For a community based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (5) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (6) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (7) For a community based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,000. (8) For a community based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (9) For a community based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (10) For a community based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (11) For the expansion of a community based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (12) For the expansion of a community based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,000. 4. Scoring of budgetary effects Notwithstanding any other provision of law, the budgetary effects of this Act shall be determined by the Office of Management and Budget.
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113-hr-2914
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I 113th CONGRESS 1st Session H. R. 2914 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Speier (for herself, Ms. Titus , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent abusive billing of ancillary services to the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Promoting Integrity in Medicare Act of 2013 . 2. Findings; purposes (a) Findings Congress finds the following: (1) Recent studies by the Government Accountability Office (GAO) examining self-referral practices in advanced diagnostic imaging and anatomic pathology determined that financial incentives were the most likely cause of increases in self-referrals. (2) For advanced diagnostic imaging, GAO stated that “providers who self-referred made 400,000 more referrals for advanced imaging services than they would have if they were not self-referring”, at a cost of “more than $100 million” in 2010. (3) For anatomic pathology, GAO found that “self-referring providers likely referred over 918,000 more anatomic pathology services” than they would have if they were not self-referring, costing Medicare approximately $69 million more in 2010 than if self-referral was not permitted. (4) Noting the rapid growth of services covered by the in-office ancillary services (IOAS) exception and evidence that these services are sometimes furnished inappropriately by referring physicians, the Medicare Payment Advisory Commission (MedPAC) stated that physician self-referral of ancillary services creates incentives to increase volume under Medicare’s current fee-for-service payment systems and the rapid volume growth contributes to Medicare’s rising financial burden on taxpayers and beneficiaries. (5) According to the Centers for Medicare & Medicaid Services, a key rationale for the IOAS exception was to permit physicians to provide ancillary services in their offices to better inform diagnosis and treatment decisions at the time of the patient’s initial office visit. (6) It is necessary, therefore, to distinguish between services and procedures that were intended to be covered by the IOAS exception, such as routine clinical laboratory services or simple x-rays that are provided during the patient’s initial office visit, and other health care services which were clearly not envisioned to be covered by that exception because they cannot be performed during the patient's initial office visit. (7) According to a 2010 Health Affairs study, less than 10 percent of CT, MRI, and Nuclear Medicine scans take place on the same day as the initial patient office visit. (8) According to a 2012 Health Affairs study, urologists’ self-referrals for anatomic pathology services of biopsy specimens is linked to increased use and volume billed along with a lower detection of prostate cancer. (9) According to an October 2011 Laboratory Economics report, there has been an increase in the number of anatomic pathology specimen units billed to the Medicare part B program from 2006 through 2010, specifically for CPT Code 88305, and the rate of increase billed by physician offices for this service is accelerating at a far greater pace than the rest of the provider segments. (10) According to a 2013 American Academy of Dermatology Pathology Billing paper, arrangements involving the split of the technical and professional components of anatomic pathology services among different providers may endanger patient safety and undermine quality of care. (11) In November 2012, Bloomberg News released an investigative report that scrutinized ordeals faced by California prostate cancer patients treated by a urology clinic that owns radiation therapy equipment. The report found that physician self-referral resulted in a detrimental impact on patient care and drove up health care costs in the Medicare program. The Wall Street Journal, the Washington Post, and the Baltimore Sun have also published investigations showing that urology groups owning radiation therapy machines have utilization rates that rise quickly and are well above national norms for radiation therapy treatment of prostate cancer. (12) According to a 2010 MedPAC report, only 3 percent of outpatient physical therapy services were provided on the same day as an office visit, only 9 percent within 7 days of an office visit, and only 14 percent within 14 days of an office visit. These services are not integral to the physician’s initial diagnosis and do not improve patient convenience because patients must return for physical therapy treatments. (13) Those services intended to be covered under the IOAS exception are not affected by this legislation. (14) The exception to the ownership or investment prohibition for rural providers in the Stark rule is not affected by this legislation. (b) Purposes The purposes of this Act are the following: (1) Maintain the in-office ancillary services exception and preserve its original intent by removing certain complex services from the exception—specifically, advanced imaging, anatomic pathology, radiation therapy, and physical therapy. (2) Protect patients from misaligned provider financial incentives. (3) Protect Medicare resources by saving billions of dollars. (4) Accomplish the purposes described in paragraphs (1), (2), and (3) in a manner that does not alter the existing exception to the ownership or investment prohibition for rural providers. 3. Limitation on application of physicians’ services and in-office ancillary services exceptions (a) In general Section 1877(b) of the Social Security Act ( 42 U.S.C. 1395nn(b) ) is amended— (1) in paragraph (1), by inserting , other than specified non-ancillary services, after section 1861(q)) ; and (2) in paragraph (2), by inserting , specified non-ancillary services, after (excluding infusion pumps) . (b) Increase of civil money penalties Section 1877(g) of the Social Security Act ( 42 U.S.C. 1395nn(g) ) is amended— (1) in paragraph (3), by inserting , unless such bill or claim included a bill or claim for a specified non-ancillary service, in which case the civil money penalty shall be not more than $25,000 for each such service before the period at the end of the first sentence; and (2) in paragraph (4), by inserting (or $150,000 if such referrals are for specified non-ancillary services) after $100,000 . (c) Enhanced screening of claims Section 1877(g) of the Social Security Act ( 42 U.S.C. 1395nn(g) ) is further amended by adding at the end the following new paragraph: (7) Compliance review for specified non-ancillary services (A) In general Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services, shall review compliance with subsection (a)(1) with respect to referrals for specified non-ancillary services in accordance with procedures established by the Secretary. (B) Factors in compliance review Such procedures— (i) shall, for purposes of targeting types of entities that the Secretary determines represent a high risk of noncompliance with subsection (a)(1) with respect to such billing for such specified non-ancillary services, apply different levels of review based on such type; and (ii) may include prepayment reviews, claims audits, focused medical review, computer algorithms designed to identify payment or billing anomalies. . (d) Definition of specified non-Ancillary services Section 1877(h) of the Social Security Act ( 42 U.S.C. 1395nn(h) ) is amended by adding at the end the following new paragraph: (8) Specified non-ancillary services The term specified non-ancillary service means a service that the Secretary has determined is not usually provided and completed during an office visit to a physician’s office in which the service is determined to be necessary, and includes the following: (A) Anatomic pathology services, as defined by the Secretary and including the technical or professional component of the following: (i) Surgical pathology. (ii) Cytopathology. (iii) Hematology. (iv) Blood banking. (v) Pathology consultation and clinical laboratory interpretation services. (B) Radiation therapy services and supplies, as defined by the Secretary. (C) Advanced diagnostic imaging studies (as defined in section 1834(e)(1)(B)). (D) Physical therapy services (as described in paragraph (6)(B)). . (e) Construction Nothing in this section (or the amendments made by this section) shall be construed to affect the authority of the Secretary of Health and Human Services to waive the requirements imposed under the provisions of this section (or such amendments) under section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ). (f) Effective date The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the first day of the first month beginning more than 12 months after the date of the enactment of this Act. 4. Clarification of certain entities subject to Stark rule and anti-markup rule Section 1877(h) of the Social Security Act ( 42 U.S.C. 1395nn(h) ) is further amended by adding at the end the following new paragraph: (9) Clarification of certain entities subject to anti-markup rule In applying this section, the term entity shall include a physician’s practice when it bills under this title for the technical component or the professional component of a specified non-ancillary service, including when such service is billed in compliance with section 1842(n)(1). . 5. Clarification of supervision of technical component of anatomic pathology services Section 1861(s)(17) of the Social Security Act ( 42 U.S.C. 1395x(s)(17) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) with regard to the provision of the technical component of anatomic pathology services, meets the applicable supervision requirements for laboratories certified in the subspecialty of histopathology, pursuant to section 353 of the Public Health Services Act; and . 6. Exemption from budget neutrality under physician fee schedule Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) ) is amended by adding at the end the following new subclause: (VIII) Changes to limitations on certain physician referrals Effective for fee schedules established beginning with 2014, reduced expenditures attributable to the Promoting Integrity in Medicare Act of 2013. .
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113-hr-2915
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I 113th CONGRESS 1st Session H. R. 2915 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Cotton (for himself and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 2423 of title 18, United States Code, to eliminate a defense, to a criminal prosecution under that section, based on the state of mind of the defendant as to the age of the minor engaging in, or intended to engage in, a commercial sex act.
1. Short title This Act may be cited as the Protect Children from Sex Tourism Act of 2013 . 2. Elimination of defense based on the defendant’s state of mind as to the age of the minor engaging in, or intended to engage in, a commercial sexual act Subsection (g) of section 2423 of title 18, United States Code, is amended to read as follows: (g) In a prosecution under this section based on illicit sexual conduct, as defined in subsection (f)(2), the Government need not prove that the defendant knew the minor engaging in, or intended to engage in, a commercial sex act had not attained the age of 18 years. .
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113-hr-2916
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I 113th CONGRESS 1st Session H. R. 2916 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Shuster (for himself, Mr. Terry , Mrs. Capito , Mr. Murphy of Pennsylvania , Mr. Rothfus , Mr. Stivers , Mr. Rogers of Kentucky , Mr. Latta , Mr. Dent , Mr. Rokita , Mr. Bucshon , Mrs. Blackburn , Mr. Radel , Mr. Barletta , Mr. Marino , Mr. Gerlach , Mr. Young of Alaska , Mr. Johnson of Ohio , Mr. Hunter , Mr. Issa , Mr. Rahall , Mr. Mullin , Mr. McKinley , Mr. Turner , Mr. Amodei , Mr. Perry , Mr. Tiberi , Mr. Joyce , Mr. Cuellar , Mr. Denham , Mr. Nunes , Mr. Reed , Mr. Whitfield , Mr. Simpson , and Mr. Mica ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on the Judiciary and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require congressional review of certain rules promulgated by the Environmental Protection Agency.
1. Short title This Act may be cited as the Domestic Energy Production Protection Act of 2013 . 2. Requirement for congressional review of certain Environmental Protection Agency rules (a) In general Before a final rule or guidance is issued by the Environmental Protection Agency under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) that may reduce the level of energy output in a specified sector may take effect, the Administrator of the Environmental Protection Agency shall submit a copy of the proposed rule or guidance to the Office of Information and Regulatory Affairs (in this Act referred to as OIRA ) for analysis. (b) OIRA analysis Not later than 90 days after receiving the proposed rule or guidance from the Administrator of the Environmental Protection Agency, the Administrator of OIRA shall conduct an analysis to determine if such rule or guidance, individually or when combined with another final rule or guidance issued by the Environmental Protection Agency, will reduce the level of energy output in a specified sector below the level of the prior calendar year. Such analysis shall include the potential impact of the rule or guidance on energy output in a specified sector and any potential job losses over a period of 10 years. 3. Process for approval of Congress (a) Report to Congress from OIRA If the Administrator of OIRA determines that a proposed rule or guidance reduces the level of energy output under section 2(b), the Administrator shall, not later than 90 days after making the determination, submit a report to Congress that includes— (1) a copy of the rule or guidance; (2) the proposed effective date of the rule or guidance; and (3) the analysis conducted under section 2(b). (b) Congressional action No rule or guidance that is the subject of a report submitted pursuant to subsection (a) shall take effect unless Congress enacts a joint resolution approving such rule or guidance. (c) Joint resolution defined For purposes of this section, the term joint resolution means only a joint resolution addressing a rule or guidance that is the subject of a report submitted pursuant to subsection (a) that— (1) bears no preamble; (2) bears the following title: Approving the ____ submitted in the report from the Office of Information and Regulatory Affairs on ____ relating to ____ with— (A) the first blank filled with rule or guidance ; (B) the second blank filled with the date of the report submitted pursuant to subsection (a); and (C) the third blank filled as appropriate; (3) includes after its resolving clause only the following: That Congress approves the ____ submitted in the report from the Office of Information and Regulatory Affairs on ____ relating to ____ , with— (A) the first blank filled with rule or guidance ; (B) the second blank filled with the date of the report submitted pursuant to subsection (a); and (C) the third blank filled as appropriate; and (4) is introduced pursuant to subsection (d). (d) Introduction After a House of Congress receives a report submitted pursuant to subsection (a), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in subsection (c) within 3 session days or legislative days, as applicable. (e) Rules of the Senate and House of Representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (c) and superseding other rules only where explicitly so; and (2) with full recognition of the Constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 4. Applicability to existing law Chapter 8 of title 5, United States Code, is amended by adding at the end the following new section: 809. Exemption for certain Clean Air Act rules. Nothing in this chapter shall apply to rules promulgated by the Environmental Protection Agency pursuant to the Domestic Energy Production Act of 2013, unless such rule is not subject to the process described in section 3 of such Act. . 5. Definitions In this Act: (1) Rule The term rule has the meaning given to such term in section 551 of title 5, United States Code. (2) Energy output The term energy output means the level of production for a year, measured in quadrillion Btu, as calculated and included in table A1 of the document entitled Annual Energy Outlook 2013: With Projections to 2040 , published by the United States Energy Information Administration in April 2013. (3) Specified sector The term specified sector means one of the nine sectors of energy production listed in table A1 of the document entitled Annual Energy Outlook 2013: With Projections to 2040 , published by the United States Energy Information Administration in April 2013.
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113-hr-2917
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I 113th CONGRESS 1st Session H. R. 2917 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Serrano (for himself, Mr. Hinojosa , Mr. Doggett , Mr. Conyers , Mr. Richmond , Mrs. Carolyn B. Maloney of New York , Ms. Meng , Mr. Pierluisi , Ms. Roybal-Allard , Ms. Velázquez , Mr. Gutiérrez , Mr. Cartwright , Mr. Honda , Ms. McCollum , Mr. Sires , Mr. Grijalva , Mr. Vargas , Mr. Nolan , Mr. Castro of Texas , Mr. Johnson of Georgia , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To promote savings by providing a tax credit for eligible taxpayers who contribute to savings products and to facilitate taxpayers receiving this credit and open a designated savings product when they file their Federal income tax returns.
1. Short title This Act may be cited as the Financial Security Credit Act of 2013 . 2. Findings Congress finds the following: (1) The personal savings rate reached historic lows in the past decade, and a lack of personal savings was a major contributor to the depth and severity of the recession of 2007–2009. (2) Households continue to lack the savings or structures to meet short-term and long-term needs, as evidenced by the following: (A) According to the Employee Benefit Research Institute, among full-time, full-year wage and salary workers ages 21–64, only 54.5 per cent participated in a retirement plan in 2010. (B) According to the Federal Deposit Insurance Corporation’s 2011 Survey of Unbanked and Underbanked Households, an estimated 8.2 percent of United States households, approximately 10 million households, are unbanked. These households do not have a checking or savings account. In total, 29.3 percent of households do not have a savings account. (C) More than 1 in 4 American households lives in asset poverty , meaning they lack the savings or other assets to cover basic expenses (equivalent to what could be purchased with a poverty level income) for three months if a layoff or other emergency leads to loss of income. If assets that cannot easily be converted to cash, are excluded, such as a home or a business, as many as 4 in 10 households live in liquid asset poverty , meaning they lack the cash savings to survive three months at the poverty line. (3) Savings make families more resilient to financial shocks and more upwardly mobile, as evidenced by the following: (A) Even small sums of savings, $2,000 or less, have been shown to significantly reduce the incidence of negative financial or material outcomes, such as foregoing adequate nutrition. (B) Children born to low-income, high saving parents are much more likely (71 percent) to move up the economic ladder than children born to low-income, low-saving parents (50 percent) over a generation. (4) Successful pilot programs have been run in cities as diverse as Houston, Texas; Newark, New Jersey; New York City, New York; San Antonio, Texas; and Tulsa, Oklahoma. These programs, run through Volunteer Income Tax Assistance sites serving only a fraction of potentially eligible tax filers in each city, have shown that tax filers with low incomes can and will save when presented with the right incentive at the right moment. (5) It is in the economic interests of the United States to promote savings among all members of society, regardless of income. 3. Financial security credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36C the following new section: 36D. Financial security credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this subtitle for a taxable year an amount equal to the lesser of— (1) $500, or (2) 50 percent of the total amount deposited or contributed by the taxpayer in accordance with subsection (b)(1) into designated savings products during such taxable year. (b) Limitations (1) Credit must be deposited in or contributed to designated savings product No amount shall be allowed as a credit under subsection (a) for a taxable year unless the taxpayer designates on the taxpayer’s return of tax for the taxable year that the amount of the credit for such taxable year be deposited in or contributed to one or more designated savings products of the taxpayer and the Secretary makes such deposits or contributions to the designated savings products. (2) Limitation based on adjusted gross income (A) In general The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount of such credit (determined without regard to this paragraph) as— (i) the amount by which the taxpayer’s adjusted gross income exceeds the threshold amount, bears to (ii) $15,000. (B) Threshold amount For purposes of subparagraph (A), the term threshold amount means— (i) $55,500 in the case of a joint return, (ii) $41,625 in the case of an individual who is not married, and (iii) 50 percent of the dollar amount in effect under clause (i) in the case of a married individual filing a separate return. For purposes of this subparagraph, marital status shall be determined under section 7703. (c) Designated savings product For purposes of this section, the term designated savings product means any of the following: (1) A qualified retirement plan (as defined in section 4974(c)). (2) A qualified tuition program (as defined in section 529). (3) A Coverdell education savings account (as defined in section 530). (4) A United States savings bond. (5) A certificate of deposit (or similar class of deposit) with a duration of at least 8 months. (6) A savings account. (7) Any other type of savings product considered to be appropriate by the Secretary for the purposes of this section. (d) Special rules (1) Tax refunds treated as deposited or contributed in current taxable year For purposes of subsection (a)(2), the amount of any overpayment of taxes refunded to the taxpayer (reduced by any amount attributable to the credit allowed under this section by reason of being considered as an overpayment by section 6401(b)) and designated for deposit in or contribution to a designated savings product of the taxpayer shall be treated as an amount deposited or contributed in the taxable year in which so deposited or contributed. (2) Maintenance of deposit No contribution or deposit shall be taken into account under subsection (a) unless such contribution or deposit remains in the designated savings product for not less than 8 continuous months. (3) Reduction in deposits in designated savings products (A) In general The amount of deposits or contributions taken into account under subsection (a) shall be reduced (but not below zero) by the aggregate amount of distributions (other than interest from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c)) from all designated savings products of the taxpayer during the testing period. The preceding sentence shall not apply to the portion of any distribution which is not includible in gross income by reason of a trustee-to-trustee transfer or a rollover distribution. (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year. (C) Other rules Rules similar to subparagraphs (C) and (D) of section 25B(d)(2) shall apply for purposes of this paragraph. (4) Denial of double benefit No credit shall be allowed under section 25B with respect to any deposit for which a credit is allowed under this section. (5) Coordination with other refundable credits The credit allowed by subsection (a) shall be taken into account after taking into account the credits allowed by (or treated as allowed by) this subpart (other than this section). (e) Inflation adjustments (1) Credit limit In the case of any taxable year beginning in a calendar year after 2023, the dollar amount in subsection (a)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (2) AGI thresholds In the case of any taxable year beginning in a calendar year after 2013, each of the dollar amounts in clauses (i) and (ii) of subsection (b)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (3) Rounding (A) Credit limit If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. (B) AGI thresholds If any increase under paragraph (1) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. (f) Regulations Not later than 12 months from date of enactment of this section, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this section, including regulations or guidance— (1) to ensure that designated savings products are subject to appropriate reporting requirements, including the reporting of contributions and other deposits during the calendar year, end of calendar year account balances, and earnings from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c), (2) to carry out the maintenance of deposit provisions under subsection (d)(2), and (3) to prevent avoidance of the purposes of this subsection. . (b) Conforming amendments (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36D, after 36B, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: Sec. 36D. Financial security credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 4. Opening of accounts on Federal income tax returns to facilitate savings (a) Notification of option (1) In general The Commissioner of Internal Revenue shall notify individuals who may qualify for a credit under section 36D of the Internal Revenue Code of 1986 but fail to provide sufficient information to allow the Secretary to deposit or contribute the credit amount to a designated savings product that they have the option of an electronic direct deposit and that they may be eligible for the financial security credit under section 36D of the Internal Revenue Code of 1986 if they deposit a refund or a portion of their refund in any designated savings product. (2) Method of notification The notification under paragraph (1) shall be made through— (A) a public awareness program undertaken by the Secretary of the Treasury, in concert with the Commissioner of the Internal Revenue and others as necessary, beginning not later than 6 months after the date of the enactment of this Act; (B) tax return preparers and low-income taxpayer clinics; and (C) the inclusion of such a notice in the instruction material for any Federal income tax return. (b) Establishment of designated account program The Secretary of the Treasury shall develop, in consultation with the Federal Management System, a program to minimize the delivery of non-electronic Federal income tax refunds by depositing refunds electronically to a safe, low-cost account held by a depository institution. This program shall include— (1) provisions for such tax refunds to be deposited into a designated account; (2) establishment of account parameters with respect to minimum balance requirements, limitations on overdrafts, overdraft fees, other fees, and additional requirements; (3) establishment of means for the taxpayer to access the account electronically and to have timely, direct access to the funds in the account; and (4) provisions to allow taxpayers to open an account with their Federal income tax refunds through financial service providers, so long such account is held at a depository institution insured under the Federal Deposit Insurance Act or a credit union insured under the Federal Credit Union Act. (c) Effective date The notification under subsection (a) and the program under subsection (b) shall be effective with respect to Federal income tax returns for taxable years beginning after December 31, 2013.
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113-hr-2918
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I 113th CONGRESS 1st Session H. R. 2918 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. McKinley (for himself, Mrs. Capito , Mr. Rahall , Mr. Johnson of Ohio , Mr. Barr , Mr. Moran , Mr. Enyart , Mr. Bucshon , Mr. Stivers , Mr. George Miller of California , Mr. Whitfield , Ms. Fudge , Ms. Schwartz , Mr. Rodney Davis of Illinois , Mr. Turner , Mr. Clay , Mr. Joyce , Mr. Gibbs , and Mr. Doyle ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to transfer certain funds to the Multiemployer Health Benefit Plan and the 1974 United Mine Workers of America Pension Plan.
1. Short title This Act may be cited as the Coal Healthcare and Pensions Protection Act of 2013 . 2. Inclusion of certain retirees in the Multiemployer Health Benefit Plan Section 402 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232 ) is amended— (1) in subsection (h)(2)(C)— (A) by striking A transfer and inserting the following: (i) Transfer to the Plan A transfer ; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; and (C) by striking the matter following such subclause (II) (as so redesignated) and inserting the following: (ii) Calculation of excess Such excess shall be calculated by taking into account only— (I) those beneficiaries actually enrolled in the Plan as of the date of enactment of the Coal Healthcare and Pensions Protection Act of 2013 , who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and (II) those beneficiaries whose health benefits, defined as those benefits payable directly by an employer in the bituminous coal industry under a coal wage agreement (defined in section 9701(b)(1) of the Internal Revenue Code of 1986) as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced. (iii) Eligibility An individual referred to in clause (ii)(II) shall be considered eligible to receive health benefits under the Plan. (iv) Requirements for transfer A transfer under this subparagraph shall be in an amount equal to the excess calculated under clause (i), and reduced by any amount transferred from a voluntary employees' beneficiary association established as a result of such bankruptcy proceeding to the Plan to pay benefits required under the Plan. (v) VEBA transfer The administrator of such voluntary employees’ beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association. ; and (2) in subsection (i)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: (4) Additional amounts (A) Calculation If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount, not to exceed the difference between such dollar limitation and such aggregate amount, to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. (B) 1974 UMWA Pension Plan defined In this paragraph, the term 1974 UMWA Pension Plan has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter. . 3. Special rule for certain supplemental benefit plans (a) In general Section 404 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (p) Special rule for certain supplemental benefit plans (1) In general If contributions are paid by an employer under a plan that provides supplemental benefits solely to participants in a plan described in subsection (c) (or a continuation thereof) that provides pension benefits, such contributions shall not be deductible under this section nor be made nondeductible by this section, but the deductibility thereof shall be governed solely by section 162 (relating to trade or business expenses). (2) Tax treatment of plan For purposes of this title, the trust holding the assets of a plan to which paragraph (1) applies shall be treated as an organization exempt from tax under section 501(a). (3) Special rule for payments other than to or from a trust For purposes of this subsection, payments made by an employer to the trustees of a plan described in paragraph (1), and benefits paid by the trustees of such plan, shall be treated as contributions paid to, and benefits paid from, such plan without regard to whether the contributions are paid into, or benefits paid from, the trust holding the assets of such plan. . (b) Exclusion from wages (1) Payroll taxes Paragraph (5) of section 3121(a) of the Internal Revenue Code of 1986 is amended— (A) by striking or at the end of subparagraph (H); (B) by adding or at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: (J) under a plan to which section 404(p)(1) applies; . (2) Collection of income tax at source Paragraph (12) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: (F) under a plan to which section 404(p)(1) applies, or . (3) Unemployment taxes Section 3306(b) of such Code is amended— (A) by striking or at the end of paragraph (19); (B) by striking the period at the end of paragraph (20) and inserting ; or ; and (C) by adding at the end the following new paragraph: (21) any payment made to or for the benefit of an individual under a plan to which section 404(p)(1) applies. .
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113-hr-2919
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I 113th CONGRESS 1st Session H. R. 2919 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. Lummis (for herself, Mr. Cohen , Mr. Garcia , and Mr. Collins of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party, and for other purposes.
1. Short title This Act may be cited as the Open Book on Equal Access to Justice Act . 2. Modification of equal access to justice provisions (a) Agency proceedings Section 504 of title 5, United States Code, is amended— (1) in subsection (c)(1), by striking , United States Code ; (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: (e) (1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report to the Congress, not later than March 31 of each year, on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. (2) (A) The report required by paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. (B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. (f) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section: (1) The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available. (2) The name of the agency involved in the adversary adjudication. (3) A description of the claims in the adversary adjudication. (4) The name of each party to whom the award was made. (5) The amount of the award. (6) The basis for the finding that the position of the agency concerned was not substantially justified. (g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or court order. (h) The head of each agency shall provide to the Chairman of the Administrative Conference in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g). . (b) Court cases Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: (5) (A) The Chairman of the Administrative Conference of the United States shall submit to the Congress, not later than March 31 of each year, a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in each controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. (B) (i) The report required by subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. (C) The Chairman of the Administrative Conference shall include and clearly identify in the annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report— (i) any amounts paid from section 1304 of title 31 for a judgment in the case; (ii) the amount of the award of fees and other expenses; and (iii) the statute under which the plaintiff filed suit. (6) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection: (A) The case name and number, hyperlinked to the case, if available. (B) The name of the agency involved in the case. (C) The name of each party to whom the award was made. (D) A description of the claims in the case. (E) The amount of the award. (F) The basis for the finding that the position of the agency concerned was not substantially justified. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. (8) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7), including the Attorney General of the United States and the Director of the Administrative Office of the United States Courts. . (c) Clerical amendments Section 2412 of title 28, United States Code, is amended— (1) in subsection (d)(3), by striking United States Code, ; and (2) in subsection (e)— (A) by striking of section 2412 of title 28, United States Code, and inserting of this section ; and (B) by striking of such title and inserting of this title . (d) Effective date (1) In general The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act. (2) Initial reports The first reports required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be submitted not later than March 31 of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this Act. (3) Online databases The online databases required by section 504(f) of title 5, United States Code, and section 2412(d)(6) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than the date on which the first reports under section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, are required to be submitted under paragraph (2) of this subsection.
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113-hr-2920
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I 113th CONGRESS 1st Session H. R. 2920 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Cartwright (for himself, Mr. Thompson of Mississippi , Mr. Lewis , Mr. Meeks , Ms. Sewell of Alabama , Mr. Takano , Ms. Jackson Lee , Mr. Clay , Mr. Honda , Mr. Rush , Ms. Clarke , Mr. Ryan of Ohio , Mr. Perlmutter , Ms. Schakowsky , Mr. Ellison , Mr. Langevin , Ms. Kaptur , Ms. Eddie Bernice Johnson of Texas , Mr. Hinojosa , Mr. Pascrell , Mr. Himes , Mr. Rangel , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve the financial literacy of students.
1. Short title This Act may be cited as the Financial Literacy for Students Act . 2. Statewide incentive grants for financial literacy education Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. ) is amended by adding at the end the following: 22 Financial Literacy 5621. Statewide incentive grants for financial literacy education (a) Grants Authorized From amounts appropriated under subsection (e), the Secretary may award grants to State educational agencies to enable State educational agencies, on a statewide basis— (1) to integrate financial literacy education into each public elementary school and public secondary school within the State that is eligible to receive funds under title I; and (2) to provide professional development regarding the teaching of financial literacy in core academic subjects to each secondary school teacher of financial literacy or entrepreneurship within the State. (b) Permissible uses of funds In carrying out the grant activities described in subsection (a), the State educational agency may use grant funds to— (1) implement school-based financial literacy activities, including after school activities; (2) enhance student understanding and experiential learning with consumer, economic, entrepreneurship, and personal finance concepts; and (3) promote partnerships with community-based organizations, financial institutions, local businesses, entrepreneurs, or other organizations providing financial literacy activities. (c) Limitation on uses of funds A State educational agency receiving grant funds under this section shall not use more than 20 percent of such grant funds to carry out the following: (1) Teacher professional development programs to embed financial literacy or personal finance or entrepreneurship education into core academic subjects. (2) Curriculum development. (3) An evaluation of the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. (d) Matching funds A State educational agency that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to 25 percent of the amount of grant funds provided to the State to carry out the activities supported by the grant. (e) Appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. .
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113-hr-2921
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I 113th CONGRESS 1st Session H. R. 2921 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Blumenauer (for himself and Mr. Collins of New York ) 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 modify the taxation of hard cider.
1. Short title This Act may be cited as the Cider Industry Deserves Equal Regulation Act or the CIDER Act . 2. Modification of hard cider definition (a) In general Section 5041 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Hard cider For purposes of this section, the term hard cider means any wine— (1) the carbonation level of which does not exceed 6.4 grams per liter, (2) which is derived primarily from apples, apple juice concentrate and water, pears, or pear juice concentrate and water, (3) which contains no fruit product or fruit flavoring other than apple or pear, and (4) which contains at least one-half of 1 percent and less than 8.5 percent alcohol by volume. . (b) Conforming amendment Paragraph (6) of section 5041(b) of such Code is amended by striking which is a still wine and all that follows through alcohol by volume . (c) Effective date The amendments made by this section shall apply to wine removed after September 30, 2014.
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113-hr-2922
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I 113th CONGRESS 1st Session H. R. 2922 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Holding (for himself, Mr. Conyers , Mr. Coble , Mr. Watt , and Mr. Marino ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To extend the authority of the Supreme Court Police to protect court officials away from the Supreme Court grounds.
1. Extension of authority of Supreme Court Police to protect court officials off Supreme Court grounds Section 6121(b)(2) of title 40, United States Code, is amended by striking 2013 and inserting 2019 .
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113-hr-2923
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I 113th CONGRESS 1st Session H. R. 2923 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Marchant 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 require the Secretary of the Treasury to disclose certain taxpayer rights in the letter of acknowledgment of receipt of an application to be treated as an organization described in section 501(c)(3).
1. Short title This Act may be cited as the Disclosure of Taxpayer Rights Act . 2. Disclosure of Taxpayer Rights (a) In general Section 508 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (g) Disclosure of Taxpayer Rights The letter of acknowledgment of receipt of an application to be treated as an organization described in section 501(c)(3) shall include a notice of the right under section 7428 to obtain a declaratory judgment relating to status and classification as such an organization. . (b) Effective date The amendment made by this section shall apply to applications submitted after the date of the enactment of this Act.
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113-hr-2924
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I 113th CONGRESS 1st Session H. R. 2924 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Marchant 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 require that the Secretary of the Treasury follow certain procedures relating to status applications of 501(c)(4) organizations.
1. Short title This Act may be cited as the Strict Standards and Accountability Act . 2. Certain procedures relating to status applications of 501(c)(4) organizations (a) In general Part I of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 506. Procedures relating to applications of 501(c)(4) organizations (a) Initial notice The Secretary shall acknowledge in writing the receipt of an application to be treated as an organization described in section 501(c)(4) and exempt from tax under section 501(a) not later than 28 days after receipt of such application. (b) 6 months In the case that the Secretary has not approved or denied such application after 6 months after the date of the acknowledgment specified in paragraph (1) the Secretary shall— (1) (A) inform the applicant in writing as to the status of its application, (B) enumerate reasons specific to the application for its delay, and (C) provide an approximate expectation of when a final decision may be made, and (2) consider such application under fast track procedures which the Secretary shall provide by regulation or other guidance. (c) 1-Year (1) In general In the case that the Secretary has not approved or denied such application after 365 days after the date of the acknowledgment specified in paragraph (1), the Secretary shall— (A) inform the applicant in writing as to the status of its application, and (B) enumerate reasons specific to the application for its delay. (2) Notice to Congress If the Secretary cannot make a decision before two months after 365 days from the date of the initial acknowledgment under subsection (a), the Secretary shall report during that time to the Chairpersons of the Committee on Ways and Means Committee and Senate Finance Committee on the extenuating circumstances of each such case that prevents timely determination thereof and provide the numerical amount of 501(c)(4) applications pending for over 365 days. . (b) Clerical amendment The table of sections for part I of subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 506. Procedures relating to applications of 501(c)(4) organizations. . (c) Effective date The amendment made by this section shall apply to applications submitted after the date of the enactment of this Act.
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113-hr-2925
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I 113th CONGRESS 1st Session H. R. 2925 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Brady of Texas (for himself, Mr. McDermott , Mr. Buchanan , Mr. Gerlach , Mr. Kind , Mr. Levin , Mr. Blumenauer , Mr. Larson of Connecticut , Mrs. Black , Mr. Doggett , Mr. Kelly of Pennsylvania , Mr. Boustany , Mr. Lewis , Mr. Nunes , Mr. Griffin of Arkansas , Mr. Smith of Nebraska , Mr. Schock , Mr. Reichert , Mr. Sam Johnson of Texas , Mr. Reed , Mr. Paulsen , Ms. Jenkins , Mr. Renacci , Mr. Lipinski , and Mr. Van Hollen ) 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 XI of the Social Security Act to expand the permissive exclusion from participation in Federal health care programs to individuals and entities affiliated with sanctioned entities.
1. Short title This Act may be cited as the Strengthening Medicare Anti-Fraud Measures Act of 2013 . 2. Permissive exclusion from Federal health care programs expanded to individuals and entities affiliated with sanctioned entities Section 1128(b)(15) of the Social Security Act ( 42 U.S.C. 1320a–7(b)(15) ) is amended to read as follows: (15) Individuals or entities affiliated with a sanctioned entity (A) Any of the following: (i) Any individual who— (I) is a person with an ownership or control interest (as defined in section 1124(a)(3)) in a sanctioned entity or an affiliated entity of such sanctioned entity (or was a person with such an interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); and (II) knows or should know (as defined in section 1128A(i)(7)) (or knew or should have known) of such conduct. (ii) Any individual who is an officer or managing employee (as defined in section 1126(b)) of a sanctioned entity or affiliated entity of such sanctioned entity (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). (iii) Any affiliated entity of a sanctioned entity. (B) For purposes of this paragraph, the term sanctioned entity means an entity— (i) that has been convicted of any offense described in subsection (a) or in paragraph (1), (2), or (3) of this subsection; or (ii) that has been excluded from participation under a program under title XVIII or under a State health care program. (C) (i) For purposes of this paragraph, the term affiliated entity means, with respect to a sanctioned entity— (I) an entity affiliated with such sanctioned entity; and (II) an entity that was so affiliated at the time of any of the conduct that formed the basis for the conviction or exclusion described in subparagraph (B). (ii) For purposes of clause (i), an entity shall be treated as affiliated with another entity if— (I) one of the entities is a person with an ownership or control interest (as defined in section 1124(a)(3)) in the other entity (or had such an interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); (II) there is a person with an ownership or control interest (as defined in section 1124(a)(3)) in both entities (or had such an interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); or (III) there is a person who is an officer or managing employee (as defined in section 1126(b)) of both entities (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). .
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113-hr-2926
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I 113th CONGRESS 1st Session H. R. 2926 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Alexander introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the revocation or withholding of Federal funds to programs whose participants carry out voluntary religious activities.
1. Short title This Act may be cited as the Freedom to Pray Act . 2. Prohibition on withholding Federal funds to programs whose participants conduct voluntary religious activities (a) In General It shall be unlawful for the Federal Government to revoke or withhold Federal financial assistance that would otherwise be provided to any recipient of such assistance on the basis of religious activities that are conducted voluntarily and initiated by participants in a program or activity carried out by such recipient. (b) Rules of construction Nothing in this Act shall be construed to authorize the United States or any State or political subdivision thereof— (1) to sponsor a religious activity; (2) to prohibit a recipient of Federal financial assistance from ensuring that a religious activity does not materially and substantially interfere with the orderly conduct of the program or activities carried out by such recipient; (3) to require any person to participate in prayer or other religious activity; or (4) to compel any employee or agent of a program or activity that is carried out by a recipient of Federal financial assistance to participate in an activity if the content of the speech at the activity is contrary to the beliefs of the employee or agent.
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113-hr-2927
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I 113th CONGRESS 1st Session H. R. 2927 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent the implementation of certain tax and fee provisions of the Patient Protection and Affordable Care Act until the Secretary of the Treasury certifies that reporting requirements relating to employer status and employee income levels and health care status may be made with 100 percent accuracy and without fraud.
1. Short title This Act may be cited as the No Taxation Without Verification Act of 2013 . 2. Certification that reporting requirements relating to employer status and employee income levels and health care status may be made with 100 percent accuracy and without fraud No tax or fee imposed by, and no reduction in a deduction, exclusion or other tax benefit made by, the Patient Protection and Affordable Care Act (including any amendments therein) shall be implemented for any period before the Secretary of the Treasury, or the Secretary’s designee, certifies that the reporting requirements relating to employer status and employee income levels and health care status may be made with 100 percent accuracy and without fraud.
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113-hr-2928
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I 113th CONGRESS 1st Session H. R. 2928 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Election Assistance Commission to develop and publish recommendations for best practices that States may use in establishing and operating independent Congressional redistricting commissions.
1. Short title This Act may be cited as the Fair and Independent Redistricting (FAIR) Act . 2. Findings Congress finds the following: (1) The Constitution requires reapportionment of seats in the House of Representatives after each decennial census. (2) One of the greatest powers that the people have is the right to elect a representative who best represents the interests of the community. (3) States are required to redraw Congressional districts after reapportionment. (4) Independent citizens redistricting commissions are intended to develop Congressional redistricting plans that reflect the best interests of the people, not the incumbent political parties. (5) The Election Assistance Commission (EAC), which was established by the Help America Vote Act of 2002 (HAVA), is an independent, bipartisan commission charged with developing guidance and best practices for State voting systems. 3. Development of best practice recommendations for states establishing independent redistricting commissions (a) Development Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission shall publish a report containing the Commission’s best practice recommendations that States may use in establishing and operating independent commissions to develop Congressional redistricting plans. (b) Consultation In developing the recommendations required under this Act, the Election Assistance Commission shall consult with States that have implemented, or are considering implementing, independent commissions to develop Congressional redistricting plans, as well as individuals who have served on such commissions. (c) Dissemination (1) Public availability online The Commission shall ensure that the report published under this section is available to the public online. (2) Notification of officials Upon publishing the report under this section, the Commission shall notify each of the following that the report is available: (A) Each Member of Congress, including each Delegate or Resident Commissioner to the Congress. (B) The chief executive officer and chief State election official of each State, as well as the head of each house of the legislature of each State. For purposes of this subparagraph, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
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113-hr-2929
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I 113th CONGRESS 1st Session H. R. 2929 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Carney (for himself, Mr. Heck of Nevada , Mr. Webster of Florida , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to tax-exempt Housing Equity Savings Accounts.
1. Short title This Act may be cited as the Creating Homeownership Opportunity Act of 2013 . 2. Housing equity savings accounts (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Housing equity savings accounts (a) Deduction allowed In the case of an eligible individual, there shall be allowed as a deduction the aggregate amount paid in cash during the taxable year by or on behalf of such individual to a housing equity savings account of such individual. (b) Limitation The amount allowable as a deduction under subsection (a) for any taxable year shall not exceed the lesser of— (1) $10,000, or (2) an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual's gross income for such taxable year. (c) Eligible individual For purposes of this section, the term eligible individual means, with respect to any taxable year, any individual if such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3-year period ending at the close of the preceding taxable year. (d) Housing equity savings account For purposes of this section, the term housing equity savings account means a trust created or organized in the United States exclusively for the benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: (1) Except in the case of rollover contributions from another housing equity savings account of such individual— (A) no contribution will be accepted unless it is in cash, and (B) contributions will not be accepted for the taxable year in excess of the dollar amount in effect for the taxable year under subsection (b)(1). (2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. (3) No part of the trust funds will be invested in life insurance contracts. (4) The interest of an individual in the balance in his account is nonforfeitable. (5) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (e) Tax treatment of distributions (1) In general Except as otherwise provided in this subsection, any amount distributed out of a housing equity savings account shall be included in gross income of the distributee for the taxable year in which the distribution is received. Notwithstanding any other provision of this title (including chapters 11 and 12), the basis of any person in such an account is zero. (2) Exception for amounts used to purchase principal residence and for certain payments to individual retirement accounts (A) In general Paragraph (1) shall not apply to any distribution during the taxable year which would (but for this paragraph) be includible in gross income for such year to the extent that the aggregate of such distributions during the taxable year do not exceed the aggregate qualified payments made by the account beneficiary during such year. (B) Qualified payment For purposes of this paragraph, the term qualified payment means— (i) any payment of qualified acquisition costs (as defined in section 72(t)(8)(C)) incurred with respect to the principal residence of the account beneficiary, and (ii) any payment to an individual retirement account but only if— (I) the account beneficiary of the housing equity savings account from which the payment is made is also the beneficiary of the individual retirement account, and (II) the payment is a qualified IRA payment. Any payment described in clause (ii) shall be treated for purposes of this title as a rollover contribution to the individual retirement account. (C) Qualified ira payment For purposes of subparagraph (B), the term qualified IRA payment means any payment if— (i) the account beneficiary— (I) is an eligible individual at the time of the payment, and (II) attains age 55 as of the close of the taxable year during which the payment is made, (ii) the account beneficiary is— (I) an eligible individual at the time of the payment, and (II) has been an eligible individual throughout the 20-year period ending on the date of the payment, or (iii) the payment is made within 1 year after the date of a payment described in subparagraph (B)(i). (3) Exceptions for certain other distributions Rules similar to the rules of paragraphs (3), (4), (5), and (6) of section 408(d) shall apply for purposes of this section. (4) Additional tax on amounts included in gross income If any distribution from a housing equity savings account is includible in gross income of the account beneficiary, the tax liability of such beneficiary under this chapter for the taxable year in which the distribution is received shall be increased by an amount equal to 20 percent of the amount of the distribution. (f) Tax treatment of accounts (1) Exemption from tax A housing equity savings account is exempt from taxation under this subtitle unless such account has ceased to be a housing equity savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to housing equity savings accounts, and any amount treated as distributed under such rules shall be treated as not used to make payments described in subsection (e)(2). (g) Beneficiary must be under age 55 No deduction shall be allowed under this section with respect to any payment to a housing equity savings account for the benefit of an individual if such individual has attained age 55 before the close of such individual's taxable year for which the contribution was made. (h) Other definitions and special rules (1) Other definitions For purposes of this section— (A) Account beneficiary The term account beneficiary means the individual for whose benefit the housing equity savings account was established. (B) Principal residence The term principal residence has the same meaning as when used in section 121, except that such term shall include only residences located in the United States. (2) Cost-of-living adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2015, the dollar amount in subsection (b)(1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (i) Reports The trustee of a housing equity savings account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may by regulation prescribe. The reports required by this subsection shall be filed at such time and in such manner, and furnished to such individuals at such time and in such manner, as may be required by such regulations. . (b) Deduction allowed in arriving at adjusted gross income Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Housing equity savings account contributions The deduction allowed by section 224. . (c) Tax on excess contributions (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to individual retirement accounts, etc.) is amended by striking or at the end of paragraph (4), by inserting or at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: (6) a housing equity savings account (within the meaning of section 224(d)), . (2) Section 4973 of such Code is amended by adding at the end the following new subsection: (h) Excess contributions to housing equity savings accounts For purposes of this section, in the case of housing equity savings accounts (within the meaning of section 224(d)), the term excess contributions means the sum of— (1) the excess (if any) of— (A) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions), over (B) the amount allowable as a deduction under section 224 for such contributions, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under rules similar to the rules of section 408(d)(5) which apply to such accounts by reason of section 224(e)(3), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the housing equity savings account in a distribution to which the rules similar to the rules of section 408(d)(4) which apply to such accounts by reason of section 224(e)(3) shall be treated as an amount not contributed. . (d) Tax on prohibited transactions (1) In general Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking or at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: (G) a housing equity savings account described in section 224(d), or . (2) Special rule Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: (7) Special rule for housing equity savings accounts An individual for whose benefit a housing equity savings account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 224(f)(2) applies with respect to such transaction. . (e) Failure To provide reports on housing equity savings accounts Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , and , and by adding at the end the following new subparagraph: (F) Section 224(i) (relating to housing equity savings accounts). . (f) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following new items: Sec. 224. Housing equity savings accounts. Sec. 225. Cross references. . (g) Effective date The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 2013.
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113-hr-2930
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I 113th CONGRESS 1st Session H. R. 2930 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Carson of Indiana (for himself, Ms. Brown of Florida , Mr. Cartwright , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk middle school students with the transition from middle school to high school.
1. Short title This Act may be cited as the Transition-to-Success Mentoring Act . 2. Transition-to-Success Mentoring Program (a) Authorization of Appropriations Section 1803 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6553 ) is amended to read as follows: There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2014 and such sums as may be necessary for each succeeding fiscal year. . (b) Transition-to-Success Mentoring Program Part H of title I of such Act ( 20 U.S.C. 6551 et seq. ) is amended by adding at the end the following: 3 Transition-to-Success Mentoring Program 1831. Transition-to-Success Mentoring Program (a) In general From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Uses of funds (1) Required uses of funds An eligible entity that receives a grant under this section shall use the grant funds to establish a mentoring program, or to expand or provide technical support to an existing mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, teachers, mentor, and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, and career exploration goals, and a strategy on how to accomplish such goals; and (iii) identifies the student’s strengths, weaknesses, and academic progress; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas of weaknesses; (iii) provide the student with the tools necessary to improve the student’s potential for academic excellence, and ensure the student’s successful transition from middle school to high school by identifying improved attitude, behavior, coursework, and social involvement; and (iv) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least monthly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) serves as the student’s advocate between the teachers and parents of the student to ensure that the teachers and parents understand the student’s plan. (2) Authorized uses of funds An eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out a training program for success coaches, including providing support to match success coaches with eligible students; (B) cover the cost of any materials used by success coaches under the mentoring program; and (C) hire staff to perform or support the program objectives. (d) Grant Duration A grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements (1) Eligible entities An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) data on the academic achievement of such students; (C) the number of contact hours between such students and their success coaches; and (D) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary (A) Interim report At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Definitions In this section: (1) At-risk student The term at-risk student means a student who has been identified as a student who has below a 2.0 grade point average or the equivalent or who has been determined by parents, teachers, or other school officials to— (A) be at-risk of academic failure; (B) have expressed interest in dropping out of school; (C) show signs of a drug or alcohol problem; (D) be pregnant or a parent; (E) have come into contact with the juvenile justice system in the past; (F) have limited English proficiency; (G) be a gang member; (H) have dropped out of school in the past; or (I) have a high absenteeism rate at school. (2) Eligible entity The term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of title I; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (3) Eligible student The term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (4) High-need local educational agency The term high-need local educational agency has the meaning given to the term in section 2102(3)(A). (5) Middle school The term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring The term school-based mentoring refers to mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement, reducing disciplinary referrals, and increasing positive regard for school. (7) Success coach The term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training and support in mentoring from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks. .
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113-hr-2931
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I 113th CONGRESS 1st Session H. R. 2931 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Coble introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the false claims provisions of title 31, United States Code, with respect to health care programs, and for other purposes.
1. Short title This Act may be cited as the Fairness in Health Care Claims, Guidance, and Investigations Act . 2. Rules for actions under false claims provisions based on claims submitted under certain health care programs (a) In general Subchapter III of chapter 37 of title 31, United States Code, is amended by adding at the end the following: 3734. Rules for certain actions based on health care claims (a) In general In the case of any action that is brought under section 3730 and is based on a claim submitted with respect to a Federal health care program, sections 3729 through 3733 shall apply only to the extent that such sections are consistent with the provisions of this section. (b) Investigations of false claims to Federal health care programs (1) In general Before requesting any information from a physician, hospital, or other provider or supplier of health care services, by any formal or informal means, directly or in cooperation with an investigating law enforcement agency, in connection with an investigation reasonably expected to concern 10 or more claims submitted to a Federal health care program by or on behalf of a single entity, the Attorney General shall certify, in writing, that— (A) each agency responsible for promulgating relevant regulations, guidelines, and billing instructions, directly or through intermediaries, has examined all regulations, guidelines, and billing instructions relevant to the allegations, all communications between the alleged perpetrator and the agency and its intermediaries, and each of the allegedly false claims; (B) in the view of the responsible agency officials and the Attorney General, the allegations under investigation are viable, and the relevant regulations, guidelines and billing instructions were unambiguous during the relevant time period; and (C) if proven to be true, the allegations are appropriately pursued under section 3729. (2) If certification not made If the Attorney General (or his or her designee) is unable to make the certifications required under paragraph (1), and the allegations were included in an action brought by a person under section 3730(b), the Attorney General shall notify the court and the court shall dismiss these allegations. (c) Actions if amount of damages are material amount Notwithstanding sections 3729 through 3733, no action may be brought under section 3730 that is based on a claim submitted or an overpayment retained with respect to a Federal health care program unless the amount of damages alleged to have been sustained by the United States Government with respect to such claim or overpayment is a material amount. (d) Actions for claims submitted in reliance on official guidance Notwithstanding sections 3729 through 3733, no action may be brought under section 3730 based on a claim submitted or an overpayment retained with respect to a Federal health care program— (1) in good faith reliance on erroneous information supplied by an agency (or an agent thereof) about matters of fact at issue; (2) in good faith reliance on written statements of Federal policy that affects the claim or overpayment that were provided by a Federal agency (or an agent thereof); or (3) in good faith reliance on an audit or review by an agency of the person submitting the claim or on whose behalf the claim was submitted, or of the person retaining the overpayment, in which no findings were made that the claim or overpayment violated the regulations, guidelines, or instructions applicable to the Federal health care program at issue in the claim or overpayment. (e) Action for claims submitted by persons in substantial compliance with model compliance plan Notwithstanding sections 3729 through 3733, no action may be brought under section 3730 based on a claim submitted by or on behalf of a person, or an overpayment retained, with respect to a Federal health care program if the claim is submitted, or the overpayment retained, in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services with respect to that Federal health care program. (f) Standard of proof In any action brought under section 3730 with respect to a claim submitted, or an overpayment retained, with respect to a Federal health care program, section 3731(c) shall be applied by substituting clear and convincing evidence for a preponderance of the evidence . (g) Rule of construction Nothing in this section shall be construed to limit the authority of the Government of the United States to recover damages with respect to a claim submitted, or an overpayment retained, with respect to a Federal health care program under provisions of law other than section 3729. (h) Definitions; special rules For purposes of this section— (1) the term claim means a claim as defined in section 3729(c); (2) the term Federal health care program means— (A) any plan or program that provides health care benefits, whether directly, through insurance, or otherwise, and that is funded directly, in whole or in part, by the United States Government; (B) any State health care program, as defined in section 1128(h) of the Social Security Act; or (C) any qualifying health plan offered through an Exchange established under, or any other health plan established under, the Patient Protection and Affordable Care Act ( Public Law 111–148 ); (3) the amount of damages alleged to have been sustained by the United States Government with respect to a claim submitted by (or on behalf of) a person shall be treated as a material amount only if such amount exceeds a proportion (specified in regulations promulgated by the Secretary of Health and Human Services in consultation with the Secretary of Defense) of the total of the amounts for which claims were submitted by (or on behalf of) such person— (A) to the same Federal health care program, and (B) for the same calendar year, as the claim upon which an action under section 3730 is based; (4) in determining whether an amount of damages is a material amount under paragraph (3), with respect to a person— (A) the amount of damages for more than 1 claim may be aggregated only if the acts or omissions resulting in such damages were part of a pattern of related acts or omissions by such person; and (B) if damages for more than 1 claim are aggregated in accordance with subparagraph (A), the proportion referred to in paragraph (3) shall be determined by comparing the amount of such aggregate damages to the total of the amounts for which claims were submitted by (or on behalf of) such person to the same Federal health care program for each of the calendar years for which any claim upon which such aggregate damages were based was submitted; (5) the term intermediary means, with respect to a Federal health care program, a contractor with an agency, a State, or other entity that is engaged in the implementation of that Federal health care program; and (6) the term State means each of the several States, the District of Columbia, and any territory or possession of the United States. . (b) Conforming amendment The table of sections for chapter 37 of title 31, United States Code, is amended by adding at the end the following new item: 3734. Rules for certain actions based on health care claims. . (c) Effective date The amendments made by this section shall apply to any action or investigation under sections 3729 through 3733 of title 31, United States Code, that is pending on, or commenced on or after, the date of the enactment of this Act.
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113-hr-2932
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I 113th CONGRESS 1st Session H. R. 2932 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Courtney (for himself, Mr. Coble , Ms. DeLauro , Mr. Langevin , Mr. Butterfield , Mr. Jones , Mr. Young of Florida , Mr. Larson of Connecticut , Mr. LoBiondo , Mr. Capuano , Mr. Deutch , Mr. Grimm , Mr. Pierluisi , Mr. Wittman , Mr. Young of Alaska , Ms. Brown of Florida , Mr. Scott of Virginia , Mr. Bishop of New York , Mr. McIntyre , Mr. Upton , Ms. Esty , Mr. Levin , Mr. Himes , Mr. Michaud , Mr. Huizenga of Michigan , and Ms. Granger ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the United States Coast Guard.
1. Short title This Act may be cited as the United States Coast Guard Commemorative Coin Act . 2. Findings The Congress finds the following: (1) The United States Coast Guard was founded on August 4, 1790, as the Revenue Cutter Service under the United States Department of the Treasury. (2) Congress created the Coast Guard on January 28, 1915, by merging the Revenue Cutter Service and the United States Lifesaving Service, was moved to the Department of Transportation in 1967, and on February 25, 2003, became part of the Department of Homeland Security. (3) Although the smallest of the uniformed services, today the United States Coast Guard conducts a wide variety of missions to protect the public, the environment, and the United States economic and security interests in any maritime region, including international waters and America’s coasts, ports, and inland waterways. (4) Every day, the United States Coast Guard plays a broad and important role in homeland security, law enforcement, search and rescue, marine environmental pollution response, and the maintenance of river, intra-coastal and offshore aids to navigation (ATON). (5) The United States Coast Guard is our Nation’s oldest seasoning military service, staying true to their motto, Semper Paratus or Always Ready, for 223 years. (6) The United States Coast Guard has an estimated 42,300 men and women on active duty, who in 2012 responded to nearly 20,000 search and rescue incidents saving over 3,500 lives and protecting $77 million in property, removed 107 metric tons of cocaine and 56 metric tons of marijuana headed to the United States, and interdicted nearly 3,000 undocumented migrants on the high seas attempting to illegally enter the United States. (7) Section 213 of Public Law 108–293 states that The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy . (8) The National Coast Guard Museum Association, a nonprofit association dedicated to improve public understanding of the history, service and missions of the Coast Guard, is working with the United States Coast Guard, the City of New London, the State of Connecticut, and a range of local, regional, and national stakeholders to develop, plan and raise capital for the National Coast Guard Museum, to be located in New London, Connecticut. (9) The United States Coast Guard is the only military service without a national museum through which to share its history and legacy with the American public. 3. Coin Specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins Not more than 750,000 half dollar coins, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of Coin (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Coast Guard, and its role in securing our nation since 1790. (2) Designations and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2017 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall— (1) contain motifs that specifically honor the American Coast Guardsman of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Coast Guard, the mission and goals of the National Coast Guard Museum, and the missions and goals of the National Coast Guard Museum Foundation; (2) be selected by the Secretary, after consultation with the Secretary of Homeland Security, the National Coast Guard Museum Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facilities For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design, construction, operations, and maintenance of the National Coast Guard Museum. (c) Audits The National Coast Guard Museum Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).
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113-hr-2933
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I 113th CONGRESS 1st Session H. R. 2933 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. Davis of California (for herself and Mr. Bishop of Georgia ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require States and local educational agencies to report on the achievement of military-connected students in annual report cards under the Elementary and Secondary Education Act of 1965.
1. Short title This Act may be cited as the Helping Military Children Succeed in Schools Act . 2. Reporting on military-connected students in annual report cards Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended— (1) by striking and at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting ; and ; and (3) by adding at the end the following: (ix) not later than the beginning of the 2015–2016 school year, information on the number of military-connected students (students who are a dependent of a member of the Armed Forces, including reserve components thereof) in the State and how such military-dependent students achieved on the State academic assessments described in subsection (b)(2) compared to all students in the State. .
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113-hr-2934
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I 113th CONGRESS 1st Session H. R. 2934 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. DeLauro (for herself, Ms. Lee of California , Ms. Moore , Ms. Slaughter , Mr. Rangel , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Consumer Product Safety Improvement Act of 2008 to ban flame retardant chemicals from use in resilient filling materials in children’s products.
1. Short title This Act may be cited as the Decrease Unsafe Toxins Act . 2. Findings Congress finds the following: (1) The Consumer Product Safety Improvement Act of 2008 establishes safety requirements for children’s products. The Act identifies lead and phthalates as chemicals of concern to be reduced or eliminated in children’s products due to their toxicity. Certain flame retardants used in children’s products should also be considered banned hazardous substances and eliminated from use in resilient filling materials in certain cushioned children’s products. (2) Organohalogen and organophosphorous flame retardants are used in some children’s cushioned products to meet various flammability standards. In a 2011 study published in Environmental Science and Technology, over 80 percent of the children’s cushioned products tested were found to contain at least one flame retardant chemical. (3) Children in the United States have some of the highest levels of polybrominated diphenyl ethers (PBDEs) in their bodies globally. In fact, toddlers have three times the blood levels of their mothers of the toxic flame retardant pentaBDE. (4) Research has shown that flame retardants have been associated with cancer, immune, and endocrine disruption, developmental impairment, birth defects, and reproductive dysfunction. Organohalogen and organophosphorous flame retardants are often toxic, and are associated with reduced IQ (similar to lead poisoning), hyperactivity, reduced fertility, birth defects, and hormonal changes. (5) According to the Federal Centers for Disease Control and Prevention, infants and children are especially vulnerable to exposure to flame retardants through ingestion of contaminated dust via hand-to-mouth contact. Children crawl and play on floors, put objects in their mouths, and are generally closer to the ground where dust settles. (6) Flame retardant chemicals in children’s cushioned products are unnecessary. Studies show that there is no measurable fire safety benefit to California’s Furniture Flammability Standard Technical Bulletin (TB117). Also, these products contain small amounts of resilient filling material compared to adult upholstered furniture, and thus do not present a significant fire hazard as a fuel source. (7) Strollers, infant carriers, and nursing pillows have been exempt from California’s TB117 since 2010 and the proposed revision of California’s Flammability Standard (TB117–2013) includes a provision to exempt 17 more baby and infant products from the standard. This is due to the State agency’s understanding that these products do not present a significant fire hazard. (8) Banning the use of flame retardant chemicals in children’s products would help reduce unnecessary health risks to children associated with exposure to chemicals that do not add a fire safety benefit. 3. Ban on flame retardant chemicals in the resilient filling materials in certain children’s products (a) In general Title I of the Consumer Product Safety Improvement Act of 2008 ( Public Law 110–314 ) is amended by adding at the end the following new section: 109. Ban on flame retardant chemicals in the resilient filling materials in children’s products (a) In general Any children’s cushioned product that is manufactured on or after the date that is one year after the date of the enactment of the Decrease Unsafe Toxins Act that contains more than 1,000 parts per million flame retardant chemical by weight in the filling material used to make such product shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.). (b) Definitions (1) Children’s cushioned product In this section, the term children’s cushioned product means a children’s product (as defined in section 3(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(2))) that contains resilient filling materials, such as high chairs, strollers, infant walkers, booster seats, car seats, changing pads, floor play mats, highchair pads, highchairs, infant swings, bassinets, infant seats, infant bouncers, nursing pads, playards, playpen side pads, infant mattresses, infant mattress pads, and portable hook-on chairs. (2) Flame retardant chemical defined In this section, the term flame retardant chemical means an organohalogen or organophosphorous compound. . (b) Clerical amendment The table of contents of the Consumer Product Safety Improvement Act of 2008 ( Public Law 110–314 ) is amended by inserting after the item relating to section 108 the following: Sec. 109. Ban on flame retardant chemicals in the resilient filling materials in children’s products. .
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113-hr-2935
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I 113th CONGRESS 1st Session H. R. 2935 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Fortenberry (for himself and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish more efficient and effective policies and processes for departments and agencies engaged in or providing support to, international conservation.
1. Short title This Act may be cited as the Conservation Reform Act of 2013 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) 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. (3) Hotspot regions The term hotspot regions means regions of the developing world that contain an unusually high concentration of species found nowhere else and that have lost at least 70 percent of their original extent. (4) Natural resources or renewable natural resources The terms natural resources and renewable natural resources mean natural resources, including soils, forests, animal and plant populations and products, coral reefs, and water, but do not include nonrenewable natural resources such as minerals, oil, and other fossil fuels. I Assessing existing policies and programs 101. National academy of sciences study and government accountability office audit and report (a) Study required Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the heads of other relevant Federal agencies shall enter into an arrangement with the National Academy of Sciences to conduct a study of existing United States international conservation programs to determine the extent to which such programs are achieving the following objectives: (1) Advancing conservation in the world’s most ecologically and economically important terrestrial and marine ecosystems and protecting distinct hotspot regions that provide a high level of economic benefit to human communities as well as a high concentration of genetic and other natural resources. (2) Enhancing and expanding partnerships throughout the international community to address natural resource challenges to ensure healthy and sustainable supplies of water, wildlife habitat and populations, fish stocks and habitat, forests, plants, and other critical resources. (3) Integrating international conservation projects and activities to advance United States foreign policy priorities in areas such as security, democratization, sustainable food production, and clean water. (4) Expanding and enhancing the economic and wildlife conservation benefits that derive from properly managed international hunting and angling tourism. (5) Addressing poaching, illegal logging, fishing, and wildlife trafficking and the flow of funds to criminal gangs and terrorists. (b) Report required Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the appropriate congressional committees a report containing the findings of the study conducted pursuant to subsection (a). (c) GAO report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall issue a report that includes— (1) a detailed description of key federally sponsored multilateral international conservation programs, including— (A) the agencies associated with each program; (B) the primary goals of each program; (C) the extent to which executive branch agencies have established measures of performance and effectiveness for each program; and (D) the funds made available to each program in the previous fiscal year; (2) an assessment on how well executive branch agencies are collaborating and coordinating on international conservation efforts; (3) an assessment on the extent to which executive branch agencies have established strategic goals and performance measures; (4) an assessment of agency processes to ensure conservation programs are administered effectively, efficiently, and with minimal expenditures for program administration; (5) identification of conservation programs and policies currently being utilized abroad and evaluation of the potential for similar approaches to be adopted by the United States to further the purposes of this Act; (6) any recommendations that the Comptroller General considers appropriate and useful to improve collaboration and coordination between executive branch agencies on international conservation efforts; and (7) any other analyses the Comptroller General considers necessary or appropriate. II Policy planning and implementation 201. United States international conservation strategy (a) In general Not later than 2 years after the date of the enactment of this Act, the President, acting through the Interagency Working Group on International Conservation designated pursuant to section 202(a), shall establish and submit to the appropriate congressional committees a comprehensive strategy (hereafter referred to as the International Conservation Strategy ) to strengthen the capacity of the United States to collaborate with other countries, international organizations, the private sector, and private voluntary organizations on a sustained international effort to conserve natural resources and enhance biodiversity in a manner beneficial to the economic well-being and security of the United States and other participating countries. (b) Goals and benchmarks The International Conservation Strategy established pursuant to subsection (a) shall provide a plan of action that identifies specific and measurable goals, benchmarks, and time frames for— (1) advancing conservation in the world’s most ecologically and economically important terrestrial and marine ecosystems; (2) supporting distinct hotspot regions that provide a high level of economic benefit to human communities as well as a high concentration of genetic and other natural resources; (3) helping developing countries address illegal, unreported, and unregulated industrial fishing where economies are negatively impacted by depleted fish stocks; (4) safeguarding natural areas that provide fresh water to developing countries; (5) supporting enforcement efforts against illegal logging in centers of the illegal logging trade; (6) supporting enforcement efforts against poaching and unlawful wildlife trafficking operations; (7) facilitating and leveraging the economic and conservation benefits that derive from properly managed international hunting, angling, and wildlife observation tourism; (8) stabilizing or reversing renewable natural resource scarcity and degradation trends in regions that are vulnerable to conflict, instability, or mass migration from natural resource depletion and wildlife trafficking; (9) expanding substantially the amount of economically and ecologically significant forest in developing countries; and (10) reducing the rate of erosion and desertification in developing countries where soil loss is resulting in severe impacts to the economy, food security, or stability. (c) Coordination and leverage The International Conservation Strategy shall coordinate and leverage the participation of relevant executive branch agencies, other countries, the private sector, and private voluntary organizations in ways that— (1) reflect Government-wide policy that encompasses the programs of, and reduces duplication among, executive branch agencies that influence, engage in, or support international conservation; (2) provide a plan to identify and improve United States policies that could be undermining the conservation of critical natural resources and biodiversity abroad; and (3) seek to encourage and leverage participation from governments of developing countries and other governments, the private sector, private voluntary organizations, and international organizations to implement the Strategy. (d) Assessing and improving effectiveness The International Conservation Strategy shall include a description of the performance and efficiency measures developed pursuant to section 202(a)(2)(C) and a process for their utilization. (e) Country ownership In preparing the International Conservation Strategy, the Interagency Working Group on International Conservation shall ensure that the Strategy is appropriate to local needs and conditions and incorporates the views of partner countries, and describes a means for local citizens to participate in the implementation and the setting of priorities of such programs in the field. The International Conservation Strategy should build upon partner country development plans and regional strategies. (f) Revision Not later than 4 years after the International Conservation Strategy is established, and every 4 years thereafter, the Strategy shall be revised to reflect— (1) new information collected pursuant to the implementation of the Strategy; and (2) advances in the understanding of biological diversity and the economic and security impacts of renewable natural resource degradation. 202. Policy implementation (a) Interagency working group on international conservation (1) Establishment Not later than 1 year after the date of the enactment of this Act, the President shall establish the Interagency Working Group on International Conservation (hereafter referred to as the working group ), which shall include the participation of the executive branch agencies that affect, oversee, or implement programs that conduct or support international conservation activities or affect the ability of the United States to achieve the goals of the International Conservation Strategy. (2) Duties The working group shall— (A) develop, through utilization of the report completed pursuant to section 101(b) and appropriate public and agency input, the International Conservation Strategy established pursuant to section 201(a); (B) identify measures to enhance program and policy coordination among the relevant executive branch agencies in implementing the Strategy by ensuring that each relevant executive branch agency undertakes programs primarily in those areas where each such agency has the greatest expertise, technical capabilities, and potential for success, and ensuring that agencies avoid duplication of effort; (C) work with the Office of Management and Budget to evaluate the effectiveness of the international conservation programs of the relevant executive branch agencies in meeting the goals of the Strategy by developing and applying specific performance measurements, including assessments of— (i) program effectiveness; (ii) program efficiency and cost-effectiveness; (iii) program accessibility and transparency; and (iv) agency overhead or project administration costs for programs operating in the field; (D) submit to the heads of the United States Government departments and agencies represented on the working group programmatic recommendations that are consistent with the priorities of the Strategy and policy recommendations to ensure that the polices of such departments and agencies advance the interests of the United States in conserving critical natural resources and biodiversity; (E) submit to such heads recommendations for facilitating coordination and continuity across the departments and agencies in the implementation of international conservation policies subject to interagency or multi-agency jurisdiction; (F) identify innovative conservation projects, policies, and initiatives that contribute to achieving multiple foreign policy goals simultaneously, including— (i) reducing poverty; (ii) expanding access to food and water; (iii) addressing health threats through natural resources conservation; (iv) expanding the access of women to sustainably managed natural resources and to techniques for improved natural resource management; (v) addressing poaching, unlawful fishing, illegal logging, and wildlife trafficking; (vi) reducing natural resource scarcities or degradation that could increase inter- and intra-state tensions; and (vii) conserving biological diversity; (G) identify measures to address obstacles to achieving the goals of the Strategy, including policies that might limit the conservation benefits from properly managed international hunting and angling tourism; (H) develop recommendations for expanding the role of the private sector in United States international conservation programs by expanding and leveraging private sector contributions; (I) identify measures that further the goals of the Strategy, including regulatory actions that facilitate the importation process for wildlife species with a legitimate scientific purpose or to directly or indirectly benefit the recovery of the species or its habitat through the support of conservation programs in foreign countries; (J) recommend diplomatic mechanisms, relevant international institutions and agreements, and other appropriate mechanisms to engage other countries to work jointly with the United States to achieve the goals and actions of the International Conservation Strategy; (K) identify successful conservation programs and policies currently being utilized abroad and evaluate the potential for similar approaches to be adopted or expanded by the United States to further the goals of the Strategy; (L) identify underperforming and unsuccessful projects and programs and make recommendations to improve performance and terminate programs and projects in a manner consistent with furthering the goals of the Strategy; (M) identify natural resource conservation needs not currently being met by existing policies and programs and make recommendations for addressing such needs; (N) recommend mechanisms to facilitate mutually beneficial international conservation partnerships between such departments and agencies, nongovernmental organizations, and the private sector; and (O) meet regularly to review progress on the objectives described in subparagraphs (A) through (N). (3) Working group leadership The President shall designate an individual in the executive branch to serve as the chair of the working group (hereafter referred to as the chair ), the duties of whom shall include— (A) convening and leading meetings of the working group; (B) taking steps to ensure the development and implementation of the International Conservation Strategy; (C) ensuring the goals and purposes of the working group are met in accordance with paragraph (2); and (D) ensuring public input into the development and implementation of the International Conservation Strategy by convening the International Conservation Public Advisory Board established under subsection (b). (b) International Conservation Public Advisory Board (1) Establishment There is hereby established a International Conservation Public Advisory Board (hereafter referred to as the Advisory Board ), whose purpose shall be to advise the working group on matters related to the international conservation policies and programs of the United States and the development and implementation of the International Conservation Strategy, and to ensure that the best scientific, policy, economic security, and business expertise are reflected in the international conservation strategies and policies of the United States. (2) Duties It shall be the duty of the Advisory Board to advise the working group on matters related to carrying out the duties described in subsection (a)(2), including on matters submitted to it for consideration by the working group, as well as matters identified by the Advisory Board. (c) Membership The Advisory Board shall be comprised of not more than 15 persons appointed from among citizens of the United States who support sustainable-use conservation, and shall have outstanding expertise in one or more of the following fields: (1) International conservation. (2) International diplomacy. (3) International business. (4) Economic development and poverty alleviation. (5) Food security and water access. (6) Natural resource scarcity and degradation and related conflict and security issues. (7) The economic and conservation benefits of international hunting and angling tourism. (8) International laws concerning illegal wildlife trafficking and illegal fishing. (9) Wildlife biology and zoology. (d) Appointment Members of the Advisory Board shall be appointed by the President with the advice of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on Foreign Affairs of the House of Representatives, on a staggered basis for a term not to exceed 4 years, except that with respect to the initial members of the Advisory Board, 1/3 shall be appointed for a term of 2 years, 1/3 shall be appointed for a term of 3 years, and 1/3 shall be appointed for a term of 4 years. (e) Chairman A member of the Advisory Board shall be elected by a vote of the majority of the Board to serve as Chairman for a 2-year term. (f) Meetings The Advisory Board shall convene at the call of the Chairman to consider a specific agenda of issues, as determined by the Chairman in consultation with the working group and other members of the Advisory Board. (g) Reporting The Advisory Board shall report to the working group chair designated in accordance with subsection (a)(3) on its deliberations, conclusions, and recommendations. (h) Applicability of Federal Advisory Committee Act The Advisory Board shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). 203. Reporting (a) Government accountability office report Not later than 4 years after the International Conservation Strategy is established under section 201, the Comptroller General of the United States shall conduct an audit to consider the progress made to achieve the objectives, goals, and benchmarks described in section 201(b), and submit to the appropriate congressional committees a report on the development and implementation of the International Conservation Strategy. The report shall— (1) assess progress made in accomplishing the goals and benchmarks described in section 201(b); (2) assess the extent to which the executive branch agencies have identified conservation programs and projects that have the potential for replication or adaptation, particularly at low cost, in other United States international conservation efforts; (3) assess the extent to which agencies have increased the efficiency and effectiveness of United States international conservation programs and reducing executive branch agency overhead or project administration costs for conservation programs implemented abroad; (4) assess the extent to which agencies have identified unsuccessful projects and programs and the actions taken to improve performance or terminate such projects and programs; (5) assess the extent to which agencies have quantified the economic benefits that resulted from investments in international conservation programs and activities called for in the Strategy, and an accounting of the measures utilized to calculate such benefits; (6) assess the security benefits to the United States and friends and allies from better management of natural resources and reduction of poaching and wildlife trafficking; (7) include policy analyses and outline options for congressional consideration; and (8) include any other analyses the Comptroller General considers necessary or appropriate. 204. Wildlife dependent recreation and uses of wildlife (a) Wildlife dependent recreation No provision in this Act shall be construed as restricting, limiting, or otherwise impairing properly managed recreational hunting and angling. (b) Regulated uses of wildlife No provision in this Act shall be construed as restricting, limiting, or otherwise impairing the ability of any foreign jurisdiction or authority to authorize regulated programs supporting wildlife for local consumption and commercialization. III Support and resources from other countries 301. Diplomatic goals and venues (a) Goals Congress urges the President to work with the world’s major foreign assistance donor countries to— (1) develop a comprehensive and coordinated international conservation assistance strategy consistent with the priorities identified in the United States’ International Conservation Strategy established pursuant to section 201(a); (2) identify innovative and efficient multilateral mechanisms that can be used to coordinate international action by all participating donor countries, identify and reduce duplication of efforts among such donors, achieve the most cost effective investments, and leverage international foreign assistance with meaningful financial and other commitments in recipient countries; and (3) agree on a timetable for achieving the goals of the United States’ International Conservation Strategy. (b) Venues Congress urges the President to explore opportunities for achieving the goals identified in this section within the context of United States bilateral diplomacy with other important international donor countries, bilateral diplomacy with newly emerging donor countries, and all appropriate multilateral venues.
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113-hr-2936
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I 113th CONGRESS 1st Session H. R. 2936 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Foster (for himself, Mr. Deutch , Mr. Quigley , Mr. Polis , Ms. Titus , Ms. Norton , Ms. Schakowsky , Mr. Hastings of Florida , Mr. Enyart , Mr. Tonko , Mr. Garcia , Mr. Larsen of Washington , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for punishments for immigration-related fraud, and for other purposes.
1. Short title This Act may be cited as the Protecting Immigrants From Legal Exploitation Act of 2013 . 2. Schemes to provide fraudulent immigration services (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Schemes to provide fraudulent immigration services (a) In general Any person who knowingly or recklessly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to— (1) defraud any person; or (2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 10 years, or both. (b) Misrepresentation Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. (c) Reimbursement Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided. . (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 1041. Schemes to provide fraudulent immigration services. . 3. Combating schemes to defraud aliens (a) Regulations, forms, and procedures The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which— (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil injunctions against immigration service provider The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider’s legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions In this section: (1) Immigration laws The term immigration laws has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Immigration service provider The term immigration service provider means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. 4. Relief for victims of notario fraud (a) In general An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. (b) Corrected filings The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. (c) Waiver of bar to reentry Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: (VII) Immigration practitioner fraud Clause (i) shall not apply to an alien if he can prove by clear convincing evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud. . (d) Regulations implementing contempt authority of immigration judges Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations implementing the contempt authority for immigration judges provided by section 240(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(1) ). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. 5. Outreach to immigrant communities (a) Authority To conduct The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (c) Availability The Attorney General shall, to the extent practicable, make publicly available information regarding fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens available— (1) at appropriate offices that provide services or information to aliens; and (2) through Web sites that are— (A) maintained by the Attorney General; and (B) intended to provide information regarding immigration matters to aliens. (d) Foreign language materials Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. (e) Authorization of appropriations (1) Amounts authorized There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. 6. Grant program to assist eligible applicants (a) Establishment The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). (b) Eligible nonprofit organization The term eligible nonprofit organization means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (c) Use of funds Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. (d) Authorization of appropriations (1) Amounts authorized There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
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113-hr-2937
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I 113th CONGRESS 1st Session H. R. 2937 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Hurt (for himself, Mr. Griffith of Virginia , Mr. Hanna , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act with respect to the guidelines for specification of certain disposal sites for dredged or fill material.
1. Short title This Act may be cited as the Commonsense Permitting for Job Creation Act of 2013 . 2. Guidelines for specification of certain disposal sites Section 404(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(b) ) is amended by adding at the end the following new sentence: Such guidelines may not prohibit the specification of a site due to the lack of a final site plan resulting from the lack of an identified end user or industry or industrial classification for the site when determining whether there is a practicable alternative to a proposed discharge that would result in less adverse impact on the aquatic ecosystem. .
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113-hr-2938
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I 113th CONGRESS 1st Session H. R. 2938 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Jenkins 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 that certain requirements of the Patient Protection and Affordable Care Act do not apply if the American Health Benefit Exchanges are not operating on October 1, 2013.
1. Short title This Act may be cited as the Exchange Sunset Act of 2013 . 2. Nonapplication of the Patient Protection and Affordable Care Act (a) Termination of Exchange requirement Section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) is amended by adding at the end the following: (l) Failure To offer coverage If one or more Exchanges fails to accept applications for enrollment in qualified health plans beginning on October 1, 2013, the requirements of this section shall cease to apply, and any other provisions of this Act (or an amendment made by this Act) relating to Exchanges shall not be applicable. . (b) Requirement of coverage Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following: (h) Termination The provisions of this section shall terminate on October 1, 2013, if the Secretary of the Treasury determines that one or more Exchanges fails to accept applications for enrollment in qualified health plans on such date. .
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113-hr-2939
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I 113th CONGRESS 1st Session H. R. 2939 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Kennedy (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award the Congressional Gold Medal to Shimon Peres.
1. Findings Congress makes the following findings: (1) Shimon Peres was born in Poland in 1923. (2) The Peres family emigrated to Tel Aviv in 1934, and all of the family members of Shimon Peres who remained in Poland were murdered during the Holocaust. (3) Before Israel gained independence, Shimon Peres earned the respect of senior leaders in the independence movement in Israel, most notably David Ben-Gurion. (4) The founding generation of Israel was central to the development of Israel, and Shimon Peres is the only surviving member of that founding generation. (5) Shimon Peres has served in numerous high-level cabinet positions and ministerial posts in Israel, including head of the Israeli Navy, Minister of Defense, Foreign Minister, Prime Minister, and President, among many others. (6) Shimon Peres has honorably served Israel for over 70 years, during which he has significantly contributed to United States interests and has played a pivotal role in forging the strong and unbreakable bond between the United States and Israel. (7) By presenting the Congressional Gold Medal to Shimon Peres, the first to be awarded to a sitting President of Israel, Congress proclaims its unbreakable bond with Israel and reaffirms its continual support for Israel as we commemorate the 65th anniversary of the independence of Israel and the 90th birthday of Shimon Peres, which are both significant milestones in Israeli history. (8) Maintaining strong bilateral relations between the United States and Israel has been a priority of Shimon Peres since he began working with the United States in the days of John F. Kennedy. The strong bond is exemplified by the following: (A) President Reagan said to Shimon Peres upon his visit to the United States, Mr. Prime Minister, I thank you very much for your visit. It's been an occasion to renew a friendship and to review and enhance the strength of our unique bilateral relationship. . (B) At another point President Reagan said of Shimon Peres, His vision, his statesmanship and his tenacity are greatly appreciated here. . (C) While visiting with Shimon Peres at the Residence of the President in Jerusalem, President Obama described Shimon Peres as … a son of Israel who’s devoted his life to keeping Israel strong and sustaining the bonds between our two nations . (D) On March 20, 2013, Shimon Peres reaffirmed his belief in the relationship between the United States and Israel, stating, America stood by our side from the very beginning. You support us as we rebuild our ancient homeland and as we defend our land. From Holocaust to redemption. . (E) On March 21, 2013, Shimon Peres stated, … America is so great and we are so small. But I learned that you don't measure us by size, but by values. When it comes to values, we are you and you are us … As I look back, I feel that the Israel of today has exceeded the vision we had 65 years ago. Reality has surpassed our dreams. The United States of America helped us to make this possible. . 2. Congressional gold medal (a) Award authorized The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of President Shimon Peres. (b) Design and striking For the purpose of the award referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 4. National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. 5. Authority to use fund amounts; proceeds of sale (a) Authorization of charges There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.
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113-hr-2940
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I 113th CONGRESS 1st Session H. R. 2940 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Kind (for himself, Mr. Neal , Mr. Rangel , Mr. Pascrell , Mr. Larson of Connecticut , Mr. McDermott , Mr. Lewis , Ms. Schwartz , Mr. Danny K. Davis of Illinois , and Mr. Levin ) 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 domestic manufacturing income to 20 percent.
1. Short title; findings (a) Short title This Act may be cited as the Rebuilding American Manufacturing Act of 2013 . (b) Findings Congress finds the following: (1) American manufacturing is vital to our economy, and those who produce American goods and hire American workers should be a priority. (2) Manufacturing is an essential source of innovation that is critical to our continued prosperity in an increasingly competitive global economy. (3) Approximately 1.2 million Americans are employed by the manufacturing industry. (4) The manufacturing industry provides stable jobs with sustainable wages to Americans in every State. (5) Manufacturing jobs provide, on average, wages that are above the national average and provide a gateway to the middle class. (6) The effective tax rate of domestic manufacturers ranges from 27 to 31 percent, depending on location and the size of equipment used in production. (7) Tax reform must make the United States more competitive, boost economic growth, and foster the creation of sustainable American jobs. (8) Tax reform should particularly focus on those companies that grow, build, and create goods in the United States. (9) The tax rate of domestic manufacturers should reflect the industry’s contributions of employment, growth, innovation, and competition in the United States. 2. 20 percent income tax rate for domestic manufacturing income (a) In general Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 200. Domestic manufacturing income (a) Allowance of deduction There shall be allowed as a deduction an amount equal to 50.5 percent (43 percent in the case of a C corporation) of the lesser of— (1) the domestic manufacturing income of the taxpayer for the taxable year, or (2) taxable income (determined without regard to this section and section 199) for the taxable year. (b) Limitation based on domestic investment For purposes of this section— (1) In general The amount of the deduction allowable under subsection (a) for any taxable year shall not exceed 25 percent of the taxpayer’s qualifying domestic investment for the taxable year. (2) Qualifying domestic investment amount The term qualifying domestic investment means, with respect to any taxpayer for any taxable year, the sum of— (A) the W–2 wages of such taxpayer for such taxable year, (B) the sum of the deductions allowable under sections 167, 169, 179, and 179D to such taxpayer for such taxable year, plus (C) the deduction allowable under section 174 to such taxpayer for such taxable year. (3) W– 2 wages The term W–2 wages means, with respect to any person for any taxable year, the sum of the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. (4) Limitation to amounts attributable to domestic production The term qualifying domestic investment shall not include any amount which is not properly allocable to domestic manufacturing gross receipts for purposes of subsection (c) (and shall include any amount which is so allocable under subsection (c)(4)). (5) Acquisitions and dispositions The Secretary shall provide for the application of this subsection in cases where the taxpayer acquires, or disposes of, the major portion of a trade or business or the major portion of a separate unit of a trade or business during the taxable year. (c) Domestic manufacturing income For purposes of this section— (1) In general The term domestic manufacturing income for any taxable year means an amount equal to the excess (if any) of— (A) the taxpayer’s domestic manufacturing gross receipts for such taxable year, over (B) the sum of— (i) the cost of goods sold that are allocable to such receipts, and (ii) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such receipts. (2) Allocation method The Secretary shall prescribe rules for the proper allocation of items described in paragraph (1) for purposes of determining domestic manufacturing income. Such rules shall provide for the proper allocation of items whether or not such items are directly allocable to domestic manufacturing gross receipts. (3) Special rules for determining costs (A) In general For purposes of determining costs under clause (i) of paragraph (1)(B), any item or service brought into the United States shall be treated as acquired by purchase, and its cost shall be treated as not less than its value immediately after it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic manufacturing gross receipts. (B) Exports for further manufacture In the case of any property described in subparagraph (A) that had been exported by the taxpayer for further manufacture, the increase in cost or adjusted basis under subparagraph (A) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. (4) Treatment of certain accelerated depreciation deductions In the case of property placed in service after December 31, 2007, and before the first taxable year of the taxpayer beginning after December 31, 2012, the deduction under section 168 with respect to such property which is treated as properly allocable to domestic manufacturing gross receipts of the taxpayer for any taxable year shall be determined without regard to section 168(k)(1). (5) Treatment of deferred compensation under nonqualified plans In the case of compensation paid or incurred by the taxpayer which is deferred under a nonqualified deferred compensation plan (as defined in section 409A(d)(1)), the amount under paragraph (1)(B)(ii) shall be determined as though the deduction for such compensation is allowed for the taxable year in which the services for which such compensation was paid or incurred are performed. This paragraph shall not apply with respect to compensation paid or incurred for services performed in taxable years beginning before the first taxable year of the taxpayer beginning after December 31, 2012. (d) Domestic manufacturing gross receipts For purposes of this section— (1) In general The term domestic manufacturing gross receipts means the gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of qualified property which was manufactured, produced, or grown by the taxpayer in whole or in significant part within the United States. Such term shall not include gross receipts of the taxpayer which are derived from the sale of food and beverages prepared by the taxpayer at a retail establishment. (2) Special rule for certain government contracts Gross receipts derived from the manufacture or production of any property shall not fail to be treated as meeting the requirements of paragraph (1) solely because title or risk of loss with respect to such property is held by the Federal Government if— (A) such property is manufactured or produced by the taxpayer pursuant to a contract with the Federal Government, and (B) the Federal Acquisition Regulation requires that title or risk of loss with respect to such property be transferred to the Federal Government before the manufacture or production of such property is complete. (3) Qualified property The term qualified property means— (A) any tangible personal property other than— (i) oil, gas, and primary products thereof (within the meaning of section 199(d)(9)(C)), (ii) property with respect to which section 613 applies, (iii) property described in paragraph (3) or (4) of section 168(f), and (iv) electricity and potable water, and (B) any computer software other than video games rated M, AO, RP, or any similar rating as determined by the Secretary, by the Entertainment Software Rating Board. (4) Partnerships owned by expanded affiliated groups For purposes of this subsection, if all of the interests in the capital and profits of a partnership are owned by members of a single expanded affiliated group at all times during the taxable year of such partnership, the partnership and all members of such group shall be treated as a single taxpayer during such period. (5) Related persons (A) In general The term domestic manufacturing gross receipts shall not include any gross receipts of the taxpayer derived from property leased, licensed, or rented by the taxpayer for use by any related person. (B) Related person For purposes of subparagraph (A), a person shall be treated as related to another person if such persons are treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414, except that determinations under subsections (a) and (b) of section 52 shall be made without regard to section 1563(b). (e) Special rules (1) Elective application of deduction Except as otherwise provided by the Secretary, the taxpayer may elect not to take any item of income into account as domestic manufacturing gross receipts for purposes of this section. (2) Coordination with section 199 If a deduction is allowed under this section with respect to any taxpayer for any taxable year, any gross receipts of the taxpayer which are taken into account under this section for such taxable year (and any items properly allocable thereto under subsections (b) or (c)) shall not be taken into account under section 199 for such taxable year. (3) Application of section to pass-thru entities (A) Partnerships and S corporations In the case of a partnership or S corporation— (i) this section shall be applied at the partner or shareholder level, (ii) each partner or shareholder shall take into account such person’s allocable share of each item described in subparagraph (A) or (B) of subsection (c)(1) (determined without regard to whether the items described in such subparagraph (A) exceed the items described in such subparagraph (B)), and (iii) each partner or shareholder shall be treated for purposes of subsection (b) as having an amount of each item taken into account in determining qualifying domestic investment of the partnership or S corporation for the taxable year equal to such person’s allocable share of such item (as determined under regulations prescribed by the Secretary). (B) Trust and estates In the case of a trust or estate— (i) the items referred to in subparagraph (A)(ii) (as determined therein) and the qualifying domestic investment of the trust or estate for the taxable year, shall be apportioned between the beneficiaries and the fiduciary (and among the beneficiaries) under regulations prescribed by the Secretary, and (ii) for purposes of paragraph (4), adjusted gross income of the trust or estate shall be determined as provided in section 67(e) with the adjustments described in such paragraph. (C) Regulations The Secretary may prescribe rules requiring or restricting the allocation of items and qualifying domestic investment under this paragraph and may prescribe such reporting requirements as the Secretary determines appropriate. (4) Application to individuals In the case of an individual, subsection (a)(2) shall be applied by substituting adjusted gross income for taxable income . For purposes of the preceding sentence, adjusted gross income shall be determined— (A) after application of sections 86, 135, 137, 219, 221, 222, and 469, and (B) without regard to this section and section 199. (5) Application of other rules Rules similar to the rules of paragraphs (3), (4), (5), (6), (7), and (10) of section 199(d) shall apply for purposes of this section. . (b) Conforming amendments (1) Section 56(d)(1)(A) of such Code is amended by striking deduction under section 199 both places it appears and inserting deductions under sections 199 and 200 . (2) Section 56(g)(4)(C) of such Code is amended by adding at the end the following new clause: (vii) Deduction for domestic business income Clause (i) shall not apply to any amount allowable as a deduction under section 200. . (3) The following provisions of such Code are each amended by inserting 200, after 199, . (A) Section 86(b)(2)(A). (B) Section 135(c)(4)(A). (C) Section 137(b)(3)(A). (D) Section 219(g)(3)(A)(ii). (E) Section 221(b)(2)(C)(i). (F) Section 222 (b)(2)(C)(i). (G) Section 246(b)(1). (H) Section 469(i)(3)(F)(iii). (4) Section 163(j)(6)(A)(i) of such Code is amended by striking and at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: (V) any deduction allowable under section 200, and . (5) Section 170(b)(2)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by inserting after clause (v) the following new clause: (vi) section 200. . (6) Section 172(d) of such Code is amended by adding at the end the following new paragraph: (8) Domestic business income The deduction under section 200 shall not be allowed. . (7) Section 199(d)(2)(A) of such Code is amended by inserting 200, after 137, . (8) Section 613(a) of such Code is amended by striking deduction under section 199 and inserting deductions under sections 199 and 200 . (9) Section 613A(d)(1) of such Code is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) any deduction allowable under section 200, . (10) Section 1402(a) of such Code is amended by striking and at the end of paragraph (16), by redesignating paragraph (17) as paragraph (18), and by inserting after paragraph (16) the following new paragraph: (17) the deduction provided by section 200 shall not be allowed; and . (11) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 200. Domestic manufacturing income. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.
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113-hr-2941
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I 113th CONGRESS 1st Session H. R. 2941 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. Kirkpatrick (for herself, Mr. Cole , Mr. Cook , Ms. Titus , Mr. O’Rourke , Ms. Sinema , Mr. Barber , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to make certain grants to assist nursing homes for veterans located on tribal lands.
1. Grants for State homes located on tribal lands (a) State home defined Section 101(19) of title 38, United States Code, is amended by inserting or federally recognized Indian tribe after (other than a possession) . (b) Payments to State homes Section 1741 of title 38, United States Code, is amended by adding at the end the following new subsection: (g) In this subchapter, the term State means each of the several States and each federally recognized Indian tribe. . (c) State home construction (1) In general Section 8131(2) of title 38, United States Code, is amended by inserting includes each federally recognized Indian tribe but before does not . (2) Conforming amendment Section 8132 of such title is amended by striking several .
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113-hr-2942
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I 113th CONGRESS 1st Session H. R. 2942 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 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 reestablish the Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs.
1. Reestablishment of Professional Certification and Licensure Advisory Committee (a) Reestablishment Section 3689(e)(5) of title 38, United States Code, is amended by striking December 31, 2006 and inserting December 31, 2019 . (b) Appointment of new members In reestablishing the Professional Certification and Licensure Advisory Committee under subsection (e) of section 3689 of title 38, United States Code, pursuant to subsection (a), the Secretary of Veterans Affairs may appoint new members of the Committee under paragraph (3)(A) of such subsection (e) without regard to the individuals who served as members before the date of the enactment of this Act.
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113-hr-2943
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I 113th CONGRESS 1st Session H. R. 2943 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Lamborn (for himself, Mr. Huelskamp , Mr. Aderholt , Mr. Westmoreland , Mr. Cole , Mr. Franks of Arizona , Mr. Jones , Mr. Fleming , Mr. Miller of Florida , Mrs. Bachmann , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the General Education Provisions Act to prohibit Federal education funding for elementary or secondary schools that provide access to emergency postcoital contraception.
1. Short title This Act may be cited as the Schoolchildren’s Health Protection Act . 2. Schoolchildren’s health protection The General Education Provisions Act ( 20 U.S.C. 1221 et seq. ) is amended by adding at the end the following new part: E Schoolchildren’s health protection 461. Limitations on funding Notwithstanding any other provision of Federal law, no funds may be made available from any applicable program to a State educational agency or local educational agency that— (1) distributes or provides, or permits the distribution or provision of, postcoital emergency contraception (such as the so-called morning-after pill ), or a prescription for such contraception, on the premises, or in the facilities, of an elementary school or secondary school; or (2) enters into a contract or other agreement relating to the provision of health services to students under the jurisdiction of the agency with a school-based health center unless such center agrees that it will not provide postcoital emergency contraception, or a prescription for such contraception, to any such student pursuant to the contract or agreement. 462. Definitions In this part: (1) The term postcoital emergency contraception means— (A) any of the regimens described in the notice entitled Prescription Drug Products; Certain Combined Oral Contraceptives for Use as Postcoital Emergency Contraception , published in the Federal Register on February 25, 1997 (62 Fed. Reg. 8610), or any subsequent corresponding notice; or (B) any other drug or device to be used after fertilization may have occurred and for the same purposes as the regimes in subparagraph (A). (2) The term school-based health center has the meaning given such term in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)). .
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113-hr-2944
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I 113th CONGRESS 1st Session H. R. 2944 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Larsen of Washington introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL Making supplemental appropriations for fiscal year 2014 for the TIGER discretionary grant program, and for other purposes.
1. Short title This Act may be cited as the Transportation Investment Generating Economic Recovery for Cities Underfunded Because of Size Act of 2013 or the TIGER CUBS Act . 2. Supplemental appropriation for TIGER grants That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2014: Department of Transportation Office of the Secretary National Infrastructure Investments For an additional amount for National Infrastructure Investments in accordance with the provisions under this heading in title I of division C of Public Law 112–55 , $500,000,000: Provided , That the amount under this heading shall remain available until September 30, 2015: Provided further , That not less than $100,000,000 of the funds provided under this heading shall be for projects located in cities with populations between 10,000 and 50,000: Provided further , That for a project described in the preceding proviso, the minimum grant amount shall be $2,000,000, and the Secretary of Transportation may provide a Federal share of costs in excess of 80 percent: Provided further , That the amount under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress.
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113-hr-2945
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I 113th CONGRESS 1st Session H. R. 2945 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Levin (for himself and Mr. Gerlach ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend and expand the charitable deduction for contributions of food inventory.
1. Extension and expansion of charitable deduction for contributions of food inventory (a) Permanent extension Subparagraph (C) of section 170(e)(3) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Determination of basis for taxpayers other than C corporations Subparagraph (C) of section 170(e)(3) of such Code, as amended by subsection (a), is amended by adding at the end the following new clause: (iv) Determination of basis for taxpayers other than C corporations If a taxpayer— (I) does not account for inventories under section 471, and (II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food. . (c) Determination of fair market value Subparagraph (C) of section 170(e)(3) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: (v) Determination of fair market value In the case of any such contribution of apparently wholesome food which, solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or which is produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), cannot or will not be sold, the fair market value of such contribution shall be determined— (I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and (II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past). . (d) Limitation (1) Increase in percentage Clause (ii) of section 170(e)(3)(C) of such Code is amended by striking 10 percent and inserting 15 percent . (2) Applicability to C corporations (A) In general Clause (ii) of section 170(e)(3)(C) of such Code is amended by striking In the case of a taxpayer other than a C corporation, the and inserting The . (B) Coordination with limitation Paragraph (3) of section 170(b) of such Code is amended to read as follows: (3) Charitable contributions of food For purposes of paragraph (2)(A)— (A) In general Any charitable contribution of food to which subsection (e)(3)(C) applies shall be allowed to the extent the aggregate of such contributions does not exceed the limitation under subsection (e)(3)(C)(ii). (B) Carryover If the aggregate amount of contributions described in subparagraph (A) exceeds such limitation, such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution to which subparagraph (A) applies in each of the 5 succeeding years in order of time. . (e) Effective Date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act, in taxable years ending after such date.
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113-hr-2946
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I 113th CONGRESS 1st Session H. R. 2946 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. LoBiondo introduced the following bill; which was referred to the Committee on Homeland Security A BILL To direct the Administrator of the Transportation Security Administration to assess and report on the risk posed to commercial aviation security if a flight deck door is opened during flight.
1. Short title This Act may be cited as the Risk-Based Cockpit Security Act of 2013 . 2. Security risk assessment (a) Assessment Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall complete an assessment that— (1) identifies any risk posed to commercial aviation security if a flight deck door is opened while a commercial aircraft is in flight; (2) identifies methods to mitigate such risk; and (3) recommends security standards for any mitigation method that involves installing a physical secondary cockpit barrier on a commercial aircraft. (b) Report Not later than 10 days after completing the assessment described in subsection (a), the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing any findings and recommendations of the assessment.
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113-hr-2947
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I 113th CONGRESS 1st Session H. R. 2947 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Lee of California , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services 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 express United States foreign policy with respect to, and to strengthen United States advocacy on behalf of, individuals persecuted and denied their rights in foreign countries on account of gender, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the International Women’s Freedom Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; policy. Sec. 3. Definitions. Title I—Department of State Activities Sec. 101. Office on International Women’s Rights; Ambassador at Large for International Women’s Rights. Sec. 102. Reports. Sec. 103. Establishment of a women’s rights Internet site. Sec. 104. Training for foreign service officers. Sec. 105. High-level contacts with nongovernmental organizations. Sec. 106. Programs and allocations of funds by United States missions abroad. Sec. 107. Prisoner lists and issue briefs on women’s rights concerns. Title II—Commission on International Women’s Rights Sec. 201. Establishment and composition. Sec. 202. Duties of the Commission. Sec. 203. Powers of the Commission. Sec. 204. Commission personnel matters. Sec. 205. Reports of the Commission. Sec. 206. Applicability of other laws. Sec. 207. Standards of conduct and disclosure. Sec. 208. Authorization of appropriations. Sec. 209. Termination. Title III—National Security Council Sec. 301. Special Adviser on International Women’s Rights. Title IV—Presidential Actions Subtitle A—Targeted Responses to Violations of Women’s Rights Abroad Sec. 401. Presidential actions in response to violations of women’s rights. Sec. 402. Presidential actions in response to particularly severe violations of women’s rights. Sec. 403. Consultations. Sec. 404. Report to Congress. Sec. 405. Description of Presidential actions. Sec. 406. Effects on existing contracts. Sec. 407. Presidential waiver. Sec. 408. Publication in Federal Register. Sec. 409. Termination of Presidential actions. Sec. 410. Preclusion of judicial review. Subtitle B—Strengthening Existing Law Sec. 421. United States assistance. Sec. 422. Multilateral assistance. Sec. 423. Exports of certain items used in particularly severe violations of women’s rights. Title V—Promotion of women’s rights Sec. 501. Assistance for promoting women’s rights. Sec. 502. International broadcasting. Sec. 503. International exchanges. Sec. 504. Foreign service awards. Title VI—Refugee, asylum, and consular matters Sec. 601. Use of Annual Report. Sec. 602. Refugee training. Sec. 603. Reform of asylum policy. Sec. 604. Inadmissibility of foreign government officials who have engaged in particularly severe violations of women’s rights. Sec. 605. Study on the effect of expedited removal provisions on asylum claims. Title VII—Miscellaneous Provisions Sec. 701. Business codes of conduct. 2. Findings; policy (a) Findings Congress makes the following findings: (1) Support for human rights is the cornerstone of American foreign policy, and the advance of women's rights and the advance of liberty are ultimately inseparable. (2) A number of international human rights instruments, as well as several international declarations, have recognized the equal rights of men and women and articulated specific aspects of women’s human rights, including the Universal Declaration of Human Rights, the Charter of the United Nations, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination against Women, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, the Declaration on the Elimination of Violence against Women, and the Beijing Declaration and Platform for Action. (3) Article 1 of the Universal Declaration of Human Rights recognizes that all human beings are born free and equal in dignity and rights , and Article 7 recognizes that all are equal before the law and are entitled without any discrimination to equal protection of the law . Article 3 of the International Covenant on Civil and Political Rights recognizes that the State Parties to the Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant . Article 26 of the Covenant provides that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the laws of each State Party shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status . The Preamble of the Charter of the United Nations affirms the equal rights of men and women. Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Women's rights are fundamental rights, regardless of race, country, creed, or nationality, and should never be arbitrarily abridged by any government. (4) Barbaric treatment of women persists in many parts of the world. Women suffer both government-sponsored and government-tolerated violations of their human rights. In countries where women are subject to particularly severe restrictions, women cannot work outside the home, cannot attend schools or universities, cannot drive, cannot leave the home without a male companion, may only use segregated transportation, cannot obtain a passport or travel without the permission of a male relative, must wear particular clothing, must black out house windows in public view, cannot obtain quality health education, and have limited access to health care because a male relative must be present or because male doctors are not allowed to touch female patients. The In-depth study on all forms of violence against women conducted by the Secretary General of the United Nations found that in many countries, women’s economic opportunities are severely limited because of discrimination in employment, property rights, and access to resources. These inequalities work to limit women’s independence and make them more vulnerable to further discrimination, including violence. (5) Violence against women is a form of discrimination which is pervasive throughout all parts of the world. In many countries, governments condone or perpetrate violence against women. Women are subject to various manifestations of brutal violence, including female genital mutilation, honor killings, domestic violence, gender-based murders, rape, trafficking, forced early marriage, and the maltreatment of widows. Perpetration of violence by the country can include custodial violence, forced sterilization, sexual violence during armed conflict, and policies on forced pregnancy and forced abortion. Violence against women has consequences for their health and well-being, their economic security, and the economic development of their communities and countries. (6) Though not confined to a particular region or regime, violations of women's rights are often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities or with strong tribal traditions. (7) Congress has recognized and denounced international violations of women's rights through the adoption of the following resolutions: (A) Senate Resolution 68 of the 106th Congress, expressing the sense of the Senate regarding the treatment of women and girls by the Taliban in Afghanistan. (B) Senate Concurrent Resolution 42 of the 107th Congress, condemning the Taliban for their discriminatory policies towards women. (C) Senate Concurrent Resolution 86 of the 107th Congress, expressing the sense of Congress that women from all ethnic groups in Afghanistan should participate in the economic and political reconstruction of Afghanistan. (D) House Resolution 393 of the 108th Congress, commending Afghan women for their participation in Afghan government and civil society, encouraging the inclusion of Afghan women in the political and economic life of Afghanistan, and advocating the protection of the human rights of all Afghans, particularly women, in the Afghanistan Constitution. (E) Senate Resolution 74 of the 109th Congress, designating March 8, 2005, as International Women’s Day. (b) Policy It shall be the policy of the United States to do the following: (1) To condemn violations of women’s rights, and to promote, and to assist other governments in promoting, the fundamental human rights of women. (2) To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the rights of women, as set forth in the Foreign Assistance Act of 1961, in the International Financial Institutions Act, and in other formulations of United States human rights policy. (3) To be vigorous and flexible, reflecting both the unwavering commitment of the United States to women’s rights and the desire of the United States for the most effective and principled response, in light of the range of violations of women’s rights by a variety of persecuting regimes, and the status of the relations of the United States with different nations. (4) To work with foreign governments that affirm and protect women's rights, in order to develop multilateral documents and initiatives to combat violations of women's rights and promote the right of women to enjoy their human rights abroad. (5) Standing for liberty and standing with the disadvantaged, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for women's rights by all governments and peoples. 3. Definitions In this Act: (1) Ambassador at large The term Ambassador at Large means the Ambassador at Large for International Women's Rights appointed under section 101(b). (2) Annual report The term Annual Report means the Annual Report on International Women's Rights described in section 102(b). (3) Appropriate congressional committees The term appropriate congressional committees — (A) means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and (B) includes, in the case of any determination made with respect to the taking of Presidential action under paragraphs (9) through (15) of section 405(a), the committees described in subparagraph (A) and, where appropriate, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (4) Commensurate action The term commensurate action means action taken by the President under section 405(b). (5) Commission The term Commission means the United States Commission on International Women's Rights established in section 201(a). (6) Country reports on human rights practices The term Country Reports on Human Rights Practices means the annual report required to be submitted by the Secretary of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961. (7) Executive summary The term Executive Summary means the Executive Summary to the Annual Report, as described in section 102(b)(1)(F). (8) Government or foreign government The term government or foreign government includes any agency or instrumentality of the government. (9) Human rights reports The term Human Rights Reports means all reports submitted by the Secretary of State to Congress under sections 116 and 502B of the Foreign Assistance Act of 1961. (10) Office The term Office means the Office on International Women's Rights established in section 101(a). (11) Particularly severe violations of women's rights The term particularly severe violations of women's rights means systematic, ongoing, egregious violations of women's rights, including violations such as— (A) denying women freedoms that are guaranteed for men; (B) torture or cruel, inhuman, or degrading treatment or punishment; (C) government-sponsored or tolerated violence such as gender-based murder, rape, traditional practices such as honor killings and female genital mutilation, abduction, trafficking, forced sterilization or forced abortion, and custodial violence; (D) limiting or denying access to health care and health education; or (E) other flagrant denials to women or girls of the right to life, liberty, or the security of persons. (12) Special adviser The term Special Adviser means the Special Adviser to the President on International Women's Rights described in section 101(m) of the National Security Act of 1947, as added by section 301 of this Act. (13) Violations of women's rights The term violations of women's rights means violations of the internationally recognized human rights of women, as set forth in the international instruments referred to in section 2(a)(2) and as described in section 2(a)(3), including violations such as— (A) arbitrary prohibitions on, restrictions on, or punishment for— (i) women engaging in activities in which men are permitted to engage; (ii) travel, employment, or education for girls or women; (iii) clothing for girls or women; (iv) political participation and voting for women; and (v) possession and distribution of literature pertaining to women’s human rights; (B) discriminatory laws or customary practices that deprive women of equal rights, such as those pertaining to marriage and family relations, nationality and citizenship, legal capacity, and access to economic resources; or (C) any of the following acts if committed because an individual is a girl or woman: detention, forced labor or prostitution, imprisonment, forced mass resettlement, beating, torture, mutilation, sexual assault and rape, enslavement, murder, and execution. I Department of State Activities 101. Office on International Women’s Rights; Ambassador at Large for International Women’s Rights (a) Establishment of office There is established within the Department of State an Office on International Women’s Rights that shall be headed by the Ambassador at Large for International Women’s Rights appointed under subsection (b). (b) Appointment The Ambassador at Large shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties The Ambassador at Large shall have the following responsibilities: (1) In general The primary responsibility of the Ambassador at Large shall be to advance women’s rights abroad, to denounce the violation of those rights, and to recommend appropriate responses by the United States Government when those rights are violated. (2) Advisory role The Ambassador at Large shall be a principal adviser to the President and the Secretary of State regarding matters affecting women’s rights abroad and, with advice from the Commission, shall make recommendations regarding— (A) the policies of the United States Government toward governments that violate women’s rights or that fail to ensure the rights of individual women; and (B) policies to advance women’s rights abroad. (3) Diplomatic representation Subject to the direction of the President and the Secretary of State, the Ambassador at Large is authorized to represent the United States in matters and cases relevant to women’s rights abroad in— (A) contacts with foreign governments, intergovernmental organizations, specialized agencies of the United Nations, the Organization on Security and Cooperation in Europe, and other international organizations of which the United States is a member; and (B) multilateral conferences and meetings relevant to women’s rights abroad. (4) Reporting responsibilities The Ambassador at Large shall have the reporting responsibilities described in section 102. (5) Senior coordinator for international women’s issues The Ambassador at Large shall, in addition to his or her other duties, assume the duties of the Senior Coordinator for International Women’s Issues of the Department of State. (d) Funding The Secretary of State shall provide the Ambassador at Large with such funds as may be necessary for the hiring of staff for the Office, for the conduct of investigations by the Office, and for necessary travel to carry out the provisions of this section. 102. Reports (a) Portions of annual human rights reports The Ambassador at Large shall assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to women’s rights and freedom from discrimination based on gender and those portions of other information provided to the Congress under sections 116 and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n , 2304) that relate to the right to freedom from discrimination based on sex. (b) Annual report on international women’s rights (1) Deadline for submission On September 1 of each year or the first day thereafter on which the appropriate House of Congress is in session, the Secretary of State, with the assistance of the Ambassador at Large, and taking into consideration the recommendations of the Commission, shall prepare and transmit to the Congress an Annual Report on International Women’s Rights supplementing the most recent Human Rights Reports by providing additional detailed information with respect to matters involving international women’s rights. Each Annual Report shall contain the following: (A) Status of women’s rights A description of the status of women’s rights in each foreign country, including— (i) trends toward improvement in the respect and protection of women’s rights and trends toward deterioration of such rights; (ii) violations of women’s rights engaged in or tolerated by the government of that country; and (iii) particularly severe violations of women’s rights engaged in or tolerated by the government of that country. (B) Violations of women’s rights An assessment and description of the nature and extent of violations of women’s rights in each foreign country, including gender-based discrimination by governmental and nongovernmental entities, discrimination targeted at individuals or particular groups of women, and the existence of government policies violating women’s rights. (C) United states policies A description of United States actions and policies in support of women’s rights in each foreign country engaging in or tolerating violations of women’s rights, including a description of the measures and policies implemented during the preceding 12 months by the United States under this title and titles IV and V in opposition to violations of women’s rights and in support of international women’s rights. (D) International agreements in effect A description of any binding agreement with a foreign government entered into by the United States under section 401(b) or 402(c). (E) Training and guidelines of government personnel A description of— (i) the training described in the last sentence of section 708(a) of the Foreign Service Act of 1980 (as amended by section 104 of this Act), and sections 208(f) and 240(f) of the Immigration and Nationality Act (as amended by section 603 of this Act), on violations of women’s rights that is provided to immigration judges and consular, refugee, immigration, and asylum officers; and (ii) the development and implementation of the guidelines described in subsections (f)(3) and (g) of section 207 of the Immigration and Nationality Act (as amended by section 602 of this Act). (F) Executive summary An Executive Summary to the Annual Report highlighting the status of women’s rights in certain foreign countries and including the following: (i) Countries in which the United States is actively promoting women’s rights An identification of foreign countries in which the United States is actively promoting women’s rights. This section of the report shall include a description of actions taken by the United States to promote the internationally recognized human rights of women and oppose violations of such rights under title IV and title V of this Act during the period covered by the Annual Report. Any country designated as a country of particular concern for women’s rights under section 402(b)(1) shall be included in this section of the report. (ii) Countries of significant improvement in women’s rights An identification of foreign countries the governments of which have demonstrated significant improvement in the protection and promotion of the internationally recognized human rights of women during the period covered by the Annual Report. This section of the report shall include a description of the nature of the improvement and an analysis of the factors contributing to such improvement, including actions taken by the United States under this Act. (2) Classified addendum If the Secretary of State determines that it is in the national security interests of the United States or is necessary for the safety of individuals to be identified in the Annual Report or is necessary to further the purposes of this Act, any information required by paragraph (1), including measures or actions taken by the United States, may be summarized in the Annual Report or the Executive Summary and submitted in more detail in a classified addendum to the Annual Report or the Executive Summary. (c) Preparation of reports regarding violations of women’s rights (1) Standards and investigations The Secretary of State shall ensure that United States missions abroad maintain a consistent reporting standard and thoroughly investigate reports of violations of the internationally recognized human rights of women. (2) Contacts with nongovernmental organizations In compiling data and assessing the respect of women’s rights for the Human Rights Reports, the Annual Report, and the Executive Summary, United States mission personnel shall, as appropriate, seek out and maintain contacts with women’s and human rights nongovernmental organizations, with the consent of those organizations, including receiving reports and updates from such organizations and, when appropriate, investigating such reports. (d) Amendments to the Foreign Assistance Act of 1961 (1) Content of human rights reports for countries receiving economic assistance Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) by striking and at the end of paragraph (11); (B) by striking the period at the end of paragraph (12) and inserting ; and ; and (C) by adding at the end the following: (13) wherever applicable, violations of women’s rights, including particularly severe violations of women’s rights (as defined in section 3 of the International Women’s Freedom Act of 2013 ). . (2) Contents of human rights reports for countries receiving security assistance Section 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(b) ) is amended— (A) in the first sentence, by inserting and the Ambassador at Large for International Women’s Rights after Religious Freedom ; and (B) in the fourth sentence by inserting after 1998) the following: , and information on violations of women’s rights, including particularly severe violations of women’s rights (as defined in section 3 of the International Women’s Freedom Act of 2013 ) . 103. Establishment of a women’s rights Internet site In order to facilitate access by nongovernmental organizations and by the public around the world to international documents on the protection of women’s rights, the Secretary of State, with the assistance of the Ambassador at Large, shall establish and maintain an Internet site containing major international documents relating to women’s rights, the Annual Report, the Executive Summary, and any other documentation or references to other sites as deemed appropriate or relevant by the Ambassador at Large. 104. Training for foreign service officers Section 708(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a) ) is amended by adding at the end the following flush sentence: After January 1, 2014, such training shall include instruction on the internationally recognized rights of women and the various aspects and manifestations of violations of women’s rights. . 105. High-level contacts with nongovernmental organizations United States chiefs of mission shall seek out and contact any women’s nongovernmental organizations to provide high-level meetings with such nongovernmental organizations where appropriate and beneficial. United States chiefs of mission and Foreign Service officers abroad shall seek to meet with imprisoned women’s rights advocates where appropriate and beneficial. 106. Programs and allocations of funds by United States missions abroad It is the sense of the Congress that— (1) United States diplomatic missions in countries the governments of which engage in or tolerate violations of the internationally recognized human rights of women should develop, as part of annual program planning, a strategy to promote respect for the internationally recognized human rights of women; and (2) in allocating or recommending the allocation of funds or recommending candidates for programs and grants funded by the United States Government, United States diplomatic missions should give particular consideration to those programs and candidates deemed to assist in the promotion of women’s rights. 107. Prisoner lists and issue briefs on women’s rights concerns (a) Sense of the congress To encourage involvement with women’s rights concerns at every possible opportunity and by all appropriate representatives of the United States Government, it is the sense of the Congress that officials of the executive branch of the United States Government should promote increased advocacy on such issues during meetings between foreign dignitaries and executive branch officials or Members of Congress. (b) Prisoner lists and issue briefs on women’s rights concerns The Secretary of State, in consultation with the Ambassador at Large, the Under Secretary of State for Democracy and Global Affairs, the Assistant Secretaries of State for Democracy, Human Rights, and Labor, United States chiefs of mission abroad, regional experts, and nongovernmental human rights groups, shall prepare and maintain issue briefs on women’s rights, on a country-by-country basis, consisting of lists of persons believed to be imprisoned, detained, or placed under house arrest because of their gender, together with brief evaluations and critiques of the policies of the respective country restricting women’s rights. In considering the inclusion of names of prisoners on such lists, the Secretary of State shall exercise appropriate discretion, including concerns regarding the safety, security, and benefit to such prisoners. (c) Availability of information The Secretary shall, as appropriate, provide women’s rights issue briefs under subsection (b) to executive branch officials and Members of Congress in anticipation of bilateral contacts with foreign leaders, both in the United States and abroad. II Commission on International Women’s Rights 201. Establishment and composition (a) In general There is established the United States Commission on International Women’s Rights. (b) Membership (1) Appointment The Commission shall be composed of— (A) the Ambassador at Large, who shall serve ex officio as a nonvoting member of the Commission; and (B) nine other members, who shall be United States citizens who are not being paid as officers or employees of the United States, and who shall be appointed as follows: (i) Three members of the Commission shall be appointed by the President. (ii) Three members of the Commission shall be appointed by the President pro tempore of the Senate, of which two of the members shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the Senate of the other political party. (iii) Three members of the Commission shall be appointed by the Speaker of the House of Representatives, of which two of the members shall be appointed upon the recommendation of the leader in the House of the political party that is not the political party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the House of the other political party. (2) Selection (A) In general Members of the Commission shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of international women’s rights, including foreign affairs, direct experience abroad, human rights, and international law. (B) Security clearances Each member of the Commission shall be required to obtain a security clearance. (3) Time of appointment The appointments required by paragraph (1) shall be made not later than 120 days after the date of the enactment of this Act. (c) Terms The term of office of each member of the Commission shall be 2 years, beginning on the date of the initial appointment of all of the members of the Commission. Members of the Commission shall be eligible for reappointment. (d) Election of chairperson At the first meeting of the Commission in each calendar year, a majority of the members of the Commission present and voting shall elect the Chairperson of the Commission. (e) Quorum Six voting members of the Commission shall constitute a quorum for purposes of transacting business. (f) Meetings Each year, within 15 days, or as soon as practicable, after the issuance of the Country Reports on Human Rights Practices, the Commission shall convene. The Commission shall otherwise meet at the call of the Chairperson or, if no Chairperson has been elected for that calendar year, at the call of six voting members of the Commission. (g) Vacancies Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (h) Administrative support The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out the provisions of this title. (i) Funding Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. 202. Duties of the Commission (a) In general The Commission shall have as its primary responsibility— (1) the annual and ongoing review of the facts and circumstances of violations of women’s rights presented in the Country Reports on Human Rights Practices, the Annual Report, and the Executive Summary, as well as information from other sources as appropriate; and (2) the making of policy recommendations to the President, the Secretary of State, and the Congress with respect to matters involving international women’s rights. (b) Policy review and recommendations in response to violations The Commission, in evaluating United States Government policies in response to violations of women’s rights, shall consider and recommend options for policies of the United States Government with respect to each foreign country the government of which has engaged in or tolerated violations of women’s rights, including particularly severe violations of women’s rights. Such options include diplomatic inquiry, diplomatic protest, official public demarche, condemnation within multilateral fora, delay or cancellation of cultural or scientific exchanges, delay or cancellation of working, official, or state visits, reduction of certain assistance funds, termination of certain assistance funds, imposition of targeted trade sanctions, imposition of broad trade sanctions, and withdrawal of the chief of mission. (c) Policy review and recommendations in response to progress The Commission, in evaluating the United States Government policies with respect to countries found to be taking deliberate steps and making significant improvement with respect to women’s rights, shall consider and recommend policy options, including private commendation, diplomatic commendation, official public commendation, commendation within multilateral fora, an increase in cultural or scientific exchanges, or both, termination or reduction of existing Presidential actions, an increase in certain assistance funds, and invitations for working, official, or state visits. (d) Effects on women Together with specific policy recommendations provided under subsections (b) and (c), the Commission shall also indicate its evaluation of the potential effects of those policies, if implemented, on women in the country in question. (e) Monitoring The Commission shall, on an ongoing basis, monitor facts and circumstances of violations of women’s rights, in consultation with independent human rights groups and nongovernmental organizations, including churches and other religious communities, and make such recommendations as may be necessary to the appropriate officials and offices of the United States Government. 203. Powers of the Commission (a) Hearings and sessions The Commission may, for the purpose of carrying out its duties under this title, hold hearings, sit and act at times and places in the United States, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this title. (b) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative procedures The Commission may adopt such regulations relating to administrative procedure as may be reasonably necessary to enable it to carry out this title. (e) Views of the commission The Members of the Commission may speak in their capacity as private citizens. Statements on behalf of the Commission shall be issued in writing over the names of the Members. The Commission shall in its written statements clearly describe its statutory authority, distinguishing that authority from that of appointed or elected officials of the United States Government. Oral statements, if practicable, shall include a similar description. (f) Travel The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this title. Each trip must be approved by a majority of the Commission. This subsection shall not apply to the Ambassador at Large, whose travel shall not require approval by the Commission. 204. Commission personnel matters (a) In general The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 members of the Commission. (b) Compensation The Commission may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Professional staff The Commission and the Executive Director shall hire Commission staff on the basis of professional and nonpartisan qualifications. Commissioners may not individually hire staff of the Commission. Staff shall serve the Commission as a whole and may not be assigned to the particular service of a single Commissioner or a specified group of Commissioners. This subsection does not prohibit staff personnel from assisting individual members of the Commission with particular needs related to their duties. (d) Staff and services of other federal agencies (1) Department of state The Secretary of State shall assist the Commission by providing on a reimbursable or nonreimbursable basis to the Commission such staff and administrative services as may be necessary and appropriate to perform its functions. (2) Other federal agencies Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this title. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege. (e) Security clearances The Executive Director shall be required to obtain a security clearance. The Executive Director may request, on a needs-only basis and in order to perform the duties of the Commission, that other personnel of the Commission be required to obtain a security clearance. The level of clearance shall be the lowest necessary to appropriately perform the duties of the Commission. (f) Cost The Commission shall reimburse all appropriate Government agencies for the cost of obtaining clearances for members of the Commission, for the Executive Director, and for any other personnel. 205. Reports of the Commission (a) In general Not later than May 1 of each year, the Commission shall submit a report to the President, the Secretary of State, and the Congress setting forth its recommendations for United States policy options based on its evaluations under section 202. (b) Classified form of report The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information in the report would further the purposes of this Act. (c) Individual or dissenting views Each member of the Commission may include the individual or dissenting views of the member. (d) Financial report The Commission shall, not later than January 1 of each year, submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives, and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, a report detailing and identifying the expenditures of the Commission in the preceding fiscal year. 206. Applicability of other laws The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. 207. Standards of conduct and disclosure (a) Cooperation with nongovernmental organizations, the Department of State, and congress The Commission shall, in performing the Commission’s duties under this title, seek to effectively and freely cooperate with all governmental and nongovernmental entities engaged in the promotion of women’s rights abroad. (b) Conflict of interest and antinepotism (1) Member affiliations Except as provided in paragraph (3), in order to ensure the independence and integrity of the Commission, the Commission may not compensate any nongovernmental agency, project, or person related to or affiliated with any member of the Commission, whether in that member’s direct employ or not. Staff employed by the Commission may not serve in the employ of any nongovernmental agency, project, or person related to or affiliated with any member of the Commission while employed by the Commission. (2) Staff compensation Staff of the Commission may not receive compensation from any other source for work performed in carrying out the duties of the Commission while employed by the Commission. (3) Exception (A) In general Subject to subparagraph (B), paragraph (1) shall not apply to payments made for items such as conference fees or the purchase of periodicals or other similar expenses, if such payments would not cause the aggregate value paid to any agency, project, or person for a fiscal year to exceed $250. (B) Limitation Notwithstanding subparagraph (A), the Commission shall not give special preference to any agency, project, or person related to or affiliated with any member of the Commission. (4) Definitions In this subsection, the term affiliated means the relationship between a member of the Commission and— (A) an individual who holds the position of officer, trustee, partner, director, or employee of an agency, project, or person of which that member, or relative of that member of, the Commission is an officer, trustee, partner, director, or employee; or (B) a nongovernmental agency or project of which that member, or a relative of that member, of the Commission is an officer, trustee, partner, director, or employee. (c) Contract authority (1) In general Subject to the availability of appropriations, the Commission may contract with and compensate Government agencies or persons for the conduct of activities necessary to the discharge of its functions under this title. Any such person shall be hired without interruption or loss of civil service or Foreign Service status or privilege. The Commission may not procure temporary and intermittent services under section 3109(b) of title 5, United States Code, or under other contracting authority other than that allowed under this title. (2) Expert study In the case of a study requested under section 605 of this Act, the Commission may, subject to the availability of appropriations, contract with experts and shall provide the funds for such a study. The Commission shall not be required to provide the funds for that part of the study conducted by the Comptroller General of the United States. (d) Gifts (1) In general In order to preserve its independence, the Commission may not accept, use, or dispose of gifts or donations of services or property. An individual Commissioner or employee of the Commission may not, in his or her capacity as a Commissioner or employee, knowingly accept, use, or dispose of gifts or donations of services or property, unless he or she in good faith believes such gifts or donations to have a value of less than $50 and a cumulative value during a calendar year of less than $100. (2) Exceptions This subsection shall not apply to the following: (A) Gifts provided on the basis of a personal friendship with a Commissioner or employee, unless the Commissioner or employee has reason to believe that the gift was provided because of the Commissioner’s position and not because of the personal friendship. (B) Gifts provided on the basis of a family relationship. (C) The acceptance of training, invitations to attend or participate in conferences or such other events as are related to the conduct of the duties of the Commission, or food or refreshment associated with such activities. (D) Items of nominal value or gifts of estimated value of $10 or less. (E) De minimis gifts provided by a foreign leader or state, not exceeding a value of $260. Gifts believed by Commissioners to be in excess of $260, but which would create offense or embarrassment to the United States Government if refused, shall be accepted and turned over to the United States Government in accordance with the Foreign Gifts and Decorations Act of 1966 and the rules and regulations governing such gifts provided to Members of Congress. (F) Informational materials such as documents, books, videotapes, periodicals, or other forms of communications. (G) Goods or services provided by any agency or component of the Government of the United States, including any commission established under the authority of the Government. 208. Authorization of appropriations (a) In general There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this title. (b) Availability of funds Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date on which the Commission terminates. 209. Termination The Commission shall terminate 12 years after the date of the initial appointment of all of the members of the Commission. III National Security Council 301. Special Adviser on International Women’s Rights Section 101 of the National Security Act of 1947 ( 50 U.S.C. 3021 ) is amended by adding at the end the following new subsection: (m) It is the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on International Women’s Rights, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of women’s rights (as defined in section 3 of the International Women’s Freedom Act of 2013 ), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Women’s Rights, the United States Commission on International Women’s Rights, the Congress, and, as advisable, women’s nongovernmental organizations. . IV Presidential Actions A Targeted Responses to Violations of Women’s Rights Abroad 401. Presidential actions in response to violations of women’s rights (a) Response to violations of women’s rights (1) In general (A) United states policy It shall be the policy of the United States— (i) to oppose violations of women’s rights that are or have been engaged in or tolerated by the governments of foreign countries; and (ii) to promote women’s rights in those countries through the actions described in subsection (b). (B) Requirement of Presidential action For each foreign country the government of which engages in or tolerates violations of women’s rights, the President shall oppose such violations and promote the human rights of women in that country through the actions described in subsection (b). (2) Basis of actions Each action taken under paragraph (1)(B) shall be based upon information regarding violations of women’s rights, as described in the latest Country Reports on Human Rights Practices, the Annual Report and Executive Summary, and on any other evidence available, and shall take into account any findings or recommendations by the Commission with respect to the foreign country. (b) Presidential actions (1) In general Subject to paragraphs (2) and (3), the President, in consultation with the Secretary of State, the Ambassador at Large, the Special Adviser, and the Commission, shall, as expeditiously as practicable in response to the violations described in subsection (a) by the government of a foreign country— (A) take one or more of the actions described in paragraphs (1) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to that country; or (B) negotiate and enter into a binding agreement with the government of that country, as described in section 405(c). (2) Deadline for actions Not later than September 1 of each year, the President shall take action under any of paragraphs (1) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to each foreign country the government of which has engaged in or tolerated violations of women’s rights at any time since September 1 of the preceding year, except that in the case of action under any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor)— (A) the action may only be taken after the requirements of sections 403 and 404 have been satisfied; and (B) the September 1 limitation shall not apply. (3) Authority for delay of Presidential actions The President may delay action that is described in any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor)— (A) if the President determines and certifies to the Congress that a single, additional period of time, not to exceed 90 days, is necessary for any of the purposes set forth in section 402(c)(3); and (B) only until the expiration of that additional period. (c) Implementation (1) In general In carrying out subsection (b), the President shall— (A) take the action or actions that most appropriately respond to the nature and severity of the violations of women’s rights; (B) seek to the fullest extent possible to target action as narrowly as practicable with respect to the agency or instrumentality of the foreign government, or specific officials thereof, that are responsible for such violations; and (C) when appropriate, make every reasonable effort to conclude a binding agreement concerning the cessation of such violations in countries with which the United States has diplomatic relations. (2) Guidelines for Presidential actions In addition to the guidelines under paragraph (1), the President, in determining whether to take a Presidential action under paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor), shall seek to minimize any adverse effects on— (A) the population of the country whose government is targeted by the Presidential action or actions; and (B) the humanitarian activities of United States and foreign nongovernmental organizations in that country. 402. Presidential actions in response to particularly severe violations of women’s rights (a) Response to particularly severe violations of women’s rights (1) United states policy It shall be the policy of the United States— (A) to oppose particularly severe violations of women’s rights that are or have been engaged in or tolerated by the governments of foreign countries; and (B) to promote the rights of women in those countries through the actions described in subsection (c). (2) Requirement of Presidential action Whenever the President determines that the government of a foreign country has engaged in or tolerated particularly severe violations of women’s rights, the President shall oppose such violations and promote women’s rights through one or more of the actions described in subsection (c). (b) Designations of countries of particular concern for women’s rights (1) Annual review (A) In general Not later than September 1 of each year, the President shall review the status of women’s rights in each foreign country to determine whether the government of that country has engaged in or tolerated particularly severe violations of women’s rights in that country during the preceding 12 months or since the date of the last review of that country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in or tolerated violations described in this subparagraph as a country of particular concern for women’s rights. (B) Basis of review Each review conducted under subparagraph (A) shall be based upon information contained in the latest Country Reports on Human Rights Practices, the Annual Report, and on any other evidence available, and shall take into account any findings or recommendations of the Commission with respect to the foreign country. (C) Implementation Any review under subparagraph (A) of a foreign country may take place singly or jointly with the review of one or more countries and may take place at any time before September 1 of the respective year. (2) Determinations of responsible parties For the government of each country designated as a country of particular concern for women’s rights under paragraph (1)(A), the President shall seek to determine the agency or instrumentality and specific officials of the government that are responsible for the particularly severe violations of women’s rights engaged in or tolerated by that government in order to appropriately target Presidential actions under this section in response to the violations. (3) Congressional notification Whenever the President designates a country as a country of particular concern for women’s rights under paragraph (1)(A), the President shall, as soon as practicable after the designation is made, transmit to the appropriate congressional committees— (A) the designation of the country, signed by the President; and (B) the identification, if any, of responsible parties determined under paragraph (2). (c) Presidential actions with respect to countries of particular concern for women’s rights (1) In general Subject to paragraphs (2), (3), (4), and (5), with respect to each country of particular concern for women’s rights designated under subsection (b)(1)(A), the President shall, after the requirements of sections 403 and 404 have been satisfied, but not later than 90 days after the date of designation of the country under that subsection, carry out one or more of the following actions under subparagraph (A) or subparagraph (B): (A) Presidential actions One or more of the Presidential actions described in paragraphs (9) through (15) of section 405(a), as determined by the President. (B) Commensurate actions Commensurate action in substitution for any action described in subparagraph (A). (2) Substitution of binding agreements (A) In general In lieu of carrying out action under paragraph (1), the President may conclude a binding agreement with the respective foreign government as described in section 405(c). The existence of a binding agreement under this paragraph with a foreign government may be considered by the President before making any determination or taking any action under this title. (B) Statutory construction Nothing in this paragraph may be construed to authorize the entry of the United States into an agreement covering matters outside the scope of violations of women’s rights. (3) Authority for delay of Presidential actions If, on or before the date that the President is required (but for this paragraph) to take action under paragraph (1), the President determines and certifies to the Congress that a single, additional period of time not to exceed 90 days is necessary— (A) for a continuation of negotiations that have been commenced with the government of that country to bring about a cessation of the violations by the foreign country, (B) for a continuation of multilateral negotiations into which the United States has entered to bring about a cessation of the violations by the foreign country, or (C) (i) for a review of corrective action taken by the foreign country after designation of that country as a country of particular concern, or (ii) in anticipation that corrective action will be taken by the foreign country during that additional period of time, then the President shall not be required to take action until the expiration of that additional period of time. (4) Exception for ongoing Presidential action under this Act The President shall not be required to take action under this subsection in the case of a country of particular concern for women’s rights, if, with respect to that country— (A) the President has taken action pursuant to this Act in a preceding year; (B) such action is in effect at the time the country is designated as a country of particular concern for women’s rights under this section; and (C) the President reports to the Congress the information described in paragraphs (1), (2), (3), and (4) of section 404(a) regarding the actions in effect with respect to that country. (5) Exception for ongoing multiple broad-based sanctions in response to human rights violations If, at the time the President determines a country to be a country of particular concern for women’s rights, that country is already subject to multiple, broad-based sanctions imposed in significant part in response to human rights abuses, and such sanctions are ongoing, the President may determine that one or more of these sanctions also satisfies the requirements of this subsection. In the report to the Congress under section 404(a), and, as applicable, in the information published under section 408, the President shall designate the specific sanction or sanctions which the President determines satisfy the requirements of this subsection. The sanctions so designated shall remain in effect as provided in section 409. (d) Statutory construction A determination under this Act, or any amendment made by this Act, that a foreign country has engaged in or tolerated particularly severe violations of women’s rights shall not be construed to require the termination of assistance or other activities with respect to that country under any other provision of law, including section 116 or 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n , 2304). 403. Consultations (a) In general As soon as practicable after the President decides under section 401 to take an action under any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to a country in response to violations of women’s rights, or not later than 90 days after the President designates a country as a country of particular concern for women’s rights under section 402, as the case may be, the President shall carry out the consultations required in this section. (b) Duty To consult with foreign governments before taking Presidential actions (1) In general The President shall— (A) request consultation with the government of the country concerned regarding the violations giving rise to the designation of that country as a country of particular concern for women’s rights, or to Presidential action under section 401, as the case may be; and (B) if agreed to, enter into such consultations, privately or publicly. (2) Use of multilateral fora If the President determines it to be appropriate, consultations under paragraph (1) may be sought and may occur in a multilateral forum, but, in any event, the President shall consult with appropriate foreign governments for the purposes of achieving a coordinated international policy on actions that may be taken with respect to a country described in subsection (a), before implementing any such action. (3) Election of nondisclosure of negotiations to public If negotiations are undertaken or an agreement is concluded with a foreign government regarding steps to cease the pattern of violations by that government, and if public disclosure of such negotiations or agreement would jeopardize the negotiations or the implementation of such agreement, as the case may be, the President may refrain from disclosing such negotiations and such agreement to the public, except that the President shall inform the appropriate congressional committees of the nature and extent of such negotiations and any agreement reached. (c) Duty To consult with humanitarian organizations The President should consult with appropriate humanitarian and human rights organizations concerning the potential impact of United States policies to promote women’s rights in countries described in subsection (a). (d) Duty To consult with United States interested parties The President shall, as appropriate, consult with interested parties in the United States, including the Commission on International Women’s Rights, with respect to the potential impact of intended Presidential action or actions in countries described in subsection (a) on economic or other interests of the United States. 404. Report to Congress (a) In general Subject to subsection (b), not later than 90 days after the President decides under section 401 to take action under paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to a country, in response to violations of women’s rights by that country, or not later than 90 days after the President designates a country as a country of particular concern for women’s rights under section 402, as the case may be, the President shall submit a report to the Congress containing the following: (1) Identification of Presidential actions An identification of the action or actions described in paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) to be taken with respect to the foreign country. (2) Description of violations A description of the violations giving rise to the action or actions to be taken. (3) Purpose of Presidential actions A description of the purpose of the action or actions. (4) Evaluation (A) Description An evaluation, in consultation with the Secretary of State, the Ambassador at Large, the Commission, the Special Adviser, the parties described in subsections (c) and (d) of section 403, and whomever else the President deems appropriate, of the effects of the action or actions on— (i) the government of the foreign country; (ii) the population of the country; and (iii) the United States economy and other interested parties. (B) Authority to withhold disclosure The President may withhold part or all of such evaluation from the public but shall provide the evaluation to the Congress in its entirety. (5) Statement of policy options A statement that noneconomic policy options designed to bring about cessation of the violations of women’s rights have reasonably been exhausted, including the consultations required in section 403. (6) Description of multilateral negotiations A description of multilateral negotiations sought or carried out, if appropriate and applicable. (b) Delay in transmittal of report If, on or before the date that the President is required (but for this subsection) to submit a report under subsection (a) to the Congress, the President determines and certifies to the Congress, under section 401(b)(3) or 402(c)(3), that a single, additional period of time not to exceed 90 days is necessary, then the President shall not be required to submit the report to the Congress until the expiration of that additional period of time. 405. Description of Presidential actions (a) Description of Presidential actions Except as provided in subsection (d), the Presidential actions referred to in this subsection are the following: (1) A private demarche. (2) An official public demarche. (3) A public condemnation. (4) A public condemnation within one or more multilateral fora. (5) The delay or cancellation of one or more scientific exchanges. (6) The delay or cancellation of one or more cultural exchanges. (7) The denial of one or more working, official, or state visits. (8) The delay or cancellation of one or more working, official, or state visits. (9) The withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961. (10) Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in the extension of credit with respect to the specific government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402. (11) The withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961. (12) Consistent with section 701 of the International Financial Institutions Act, directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefitting the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402. (13) Ordering the heads of the appropriate United States agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402, under— (A) the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (14) Prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402. (15) Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the foreign government, agency, instrumentality, or official found or determined by the President to be responsible for the violations under section 401 or 402. (b) Commensurate action Except as provided in subsection (d), the President may substitute any other action authorized by law for any action described in paragraphs (1) through (15) of subsection (a) if such action is commensurate in effect to the action substituted and if the action would further the policy of the United States set forth in section 2(b) of this Act. The President shall seek to take all appropriate and feasible actions authorized by law to obtain the cessation of the violations. If commensurate action is taken, the President shall report such action, together with an explanation for taking such action, to the appropriate congressional committees. (c) Binding agreements The President may negotiate and enter into a binding agreement with a foreign government against which sanctions would otherwise be imposed that obligates that government to cease, or take substantial steps to address and phase out, the act, policy, or practice constituting the violation or violations of women's rights. The entry into force of a binding agreement for the cessation of the violations shall be a primary objective for the President in responding to a foreign government that has engaged in or tolerated particularly severe violations of women’s rights. (d) Exceptions Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other humanitarian assistance. 406. Effects on existing contracts The President shall not be required to apply or maintain any Presidential action under this subtitle— (1) in the case of procurement of defense articles or defense services— (A) under existing contracts or subcontracts, including the exercise of options for production quantities, to satisfy requirements essential to the national security of the United States; (B) if the President determines in writing and so reports to the Congress that the person or other entity to which the Presidential action would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or (C) if the President determines in writing and so reports to the Congress that such articles or services are essential to the national security under defense coproduction agreements; or (2) to products or services provided under contracts entered into before the date on which the President publishes his intention to take the Presidential action. 407. Presidential waiver (a) In general Subject to subsection (b), the President may waive the application of any of the actions described in paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) with respect to a country, if the President determines and so reports to the appropriate congressional committees that— (1) the government of that country has ceased the violations giving rise to the Presidential action; (2) the exercise of such waiver authority would further the purposes of this Act; or (3) the important national interest of the United States requires the exercise of such waiver authority. (b) Congressional notification Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of the waiver or the intention to exercise the waiver, together with a detailed justification therefor. 408. Publication in Federal Register (a) In general Subject to subsection (b), the President shall cause to be published in the Federal Register the following: (1) Determinations of governments, officials, and entities of particular concern Any designation of a country of particular concern for women’s rights under section 402(b)(1), together with, when applicable and to the extent practicable, the identities of the officials or entities determined to be responsible for the violations under section 402(b)(2). (2) Presidential actions A description of any Presidential action under paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution therefor) and the effective date of the Presidential action. (3) Delays in transmittal of Presidential action reports Any delay in transmittal of a Presidential action report, as described in section 404(b). (4) Waivers Any waiver under section 407. (b) Limited disclosure of information The President may limit publication of information under this section in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 654(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2414(c) ), if the President determines that the publication of information under this section— (1) would be harmful to the national security of the United States; or (2) would not further the purposes of this Act. 409. Termination of Presidential actions Any Presidential action taken under this Act with respect to a foreign country shall terminate on the earlier of the following dates: (1) Termination date The date that is 2 years after the effective date of the Presidential action, unless expressly reauthorized by law. (2) Foreign government actions The date on which the President determines, in consultation with the Commission, and certifies to the Congress that the government of the foreign country has ceased or taken substantial and verifiable steps to cease the particularly severe violations of women’s rights. 410. Preclusion of judicial review No court shall have jurisdiction to review any Presidential determination or agency action under this Act or any amendment made by this Act. B Strengthening Existing Law 421. United States assistance (a) Implementation of prohibition on economic assistance Section 116(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(c) ) is amended— (1) in the matter preceding paragraph (1), by inserting and the Ambassador at Large for International Women’s Rights after Religious Freedom ; (2) by striking and at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ; and ; and (4) by adding at the end the following new paragraph: (4) whether the government— (A) has engaged in or tolerated particularly severe violations of women’s rights, as defined in section 3 of the International Women’s Freedom Act of 2013 ; or (B) has failed to undertake serious and sustained efforts to combat particularly severe violations of women’s rights (as defined in section 3 of the International Women’s Freedom Act of 2013 ), when such efforts could have been reasonably undertaken. . (b) Implementation of prohibition on military assistance Section 502B(a)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(a)(4) ) is amended— (1) by striking (A) and inserting (A)(i) ; (2) by striking (B) and inserting (ii) ; (3) by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (B) (i) has engaged in or tolerated particularly severe violations of women’s rights, as defined in section 3 of the International Women’s Freedom Act of 2013 ; or (ii) has failed to undertake serious and sustained efforts to combat particularly severe violations of women’s rights when such efforts could have been reasonably undertaken. . 422. Multilateral assistance Section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d ) is amended— (1) by redesignating the second subsection (g) as subsection (h); and (2) by adding at the end the following new subsection: (i) In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether a foreign government— (1) has engaged in or tolerated particularly severe violations of women’s rights, as defined in section 3 of the International Women’s Freedom Act of 2013 ; or (2) has failed to undertake serious and sustained efforts to combat particularly severe violations of women’s rights when such efforts could have been reasonably undertaken. . 423. Exports of certain items used in particularly severe violations of women’s rights (a) Mandatory licensing Notwithstanding any other provision of law, the Secretary of Commerce, with the concurrence of the Secretary of State, shall include on the list of crime control and detection instruments or equipment controlled for export and reexport under section 6(n) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(n) ) (as continued in effect under the International Emergency Economic Powers Act), or under any other provision of law, items being exported or reexported to countries of particular concern for women’s rights that the Secretary of Commerce, with the concurrence of the Secretary of State, and in consultation with appropriate officials including the Under Secretary of State for Democracy and Global Affairs, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and the Ambassador at Large, determines are being used or are intended for use directly and in significant measure to carry out particularly severe violations of women’s rights. (b) Licensing ban The prohibition on the issuance of a license for export of crime control and detection instruments or equipment under section 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(a)(2) ) shall apply to the export and reexport of any item included under subsection (a) on the list of crime control instruments. V Promotion of women’s rights 501. Assistance for promoting women’s rights (a) Findings Congress makes the following findings: (1) In many countries where severe violations of women’s rights occur, there is insufficient statutory legal protection for women, a lack of enforcement of the law, or insufficient cultural and social understanding of international norms of women’s rights. (2) Accordingly, in the provision of foreign assistance, the United States should make a priority of promoting and developing legal protections and enforcement, as well as cultural respect for women’s rights. (b) Allocation of funds for increased promotion of women’s rights Section 116(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(e) ) is amended by inserting and the rights of women after free religious belief and practice . 502. International broadcasting Section 303(a)(8) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6202(a)(8)) is amended by inserting and women’s rights after religion . 503. International exchanges Section 102(b) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2452(b) ) is amended— (1) by striking and after paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ; and ; and (3) by adding at the end the following: (13) promoting respect for and guarantees of women’s rights abroad by interchanges and visits between the United States and other nations of leaders, scholars, and legal experts in the field of women’s rights. . 504. Foreign service awards (a) Performance pay Section 405(d) of the Foreign Service Act of 1980 (22 U.S.C. 3965(d)) is amended in the second sentence by inserting and women’s rights after freedom of religion . (b) Foreign service awards Section 614 of the Foreign Service Act of 1980 (22 U.S.C. 4013) is amended in the last sentence by inserting and women’s rights, after freedom of religion . VI Refugee, asylum, and consular matters 601. Use of Annual Report The Annual Report, together with other relevant documentation, shall serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of mistreatment on the grounds of gender. Absence of reference by the Annual Report to conditions described by the alien shall not constitute the sole grounds for a denial of the alien’s claim. 602. Refugee training (a) Training for foreign service officers Section 708(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(b) ) is amended by striking and on religious persecution and inserting , on religious persecution, and on gender-based discrimination . (b) Consultation with Congress concerning admissions of refugees (1) In general Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended— (A) in subsection (d)(1), in the first sentence, by inserting , information relating to gender-based discrimination against such refugees in their countries of nationality or last habitual residence, after resettlement during the fiscal year ; (B) in subsection (e)— (i) in the matter preceding paragraph (1), by inserting the Secretary of State and before designated ; (ii) by redesignating paragraph (7) as paragraph (8); and (iii) by inserting after paragraph (6) the following new paragraph: (7) A description of any gender-based discrimination experienced by such refugees in their countries of nationality or last habitual residence. . (2) Effective date The amendments made by paragraph (1) shall take effect beginning with the first fiscal year that begins after the date of the enactment of this Act. (c) Guidelines and training for officials adjudicating refugee cases (1) In general Such section is further amended— (A) in subsection (f), by adding at the end the following new paragraph: (3) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement training guidelines related to nondiscrimination in the adjudication of such cases as a result of the gender, race, religion, nationality, membership in a particular social group, or political opinion of the alien applying to be admitted as a refugee under this section. Such training guidelines shall be culturally sensitive and shall provide the officials subject to such training with the tools to provide a nonbiased and nonadversarial atmosphere for the purpose of adjudicating such cases. ; and (B) by adding at the end the following new subsection: (g) (1) The Secretary of Homeland Security, in consultation with the Secretary of State, shall promulgate regulations to ensure— (A) uniform procedures for the establishment of agreements between the United States Government and designated entities and personnel responsible for the preparation of refugee case files for use in refugee adjudications; and (B) uniform procedures regarding the preparation of such files by such entities and personnel. (2) Such regulations shall ensure that— (A) such files accurately reflect the information provided by the alien seeking admission as a refugee under this section; and (B) such aliens are not disadvantaged or denied such admission as a result of faulty case file preparation. . (2) Effective date The amendments made by paragraph (1) shall take effect and apply with respect to aliens seeking admission as refugees under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) beginning with the first fiscal year that begins after the date of the enactment of this Act. 603. Reform of asylum policy (a) Language translation services (1) In general Section 208(d) of the Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended by adding at the end the following new paragraph: (8) Language translation services (A) In general The Secretary of Homeland Security, in consultation with the Secretary of State, shall promulgate regulations that provide that the United States does not use the language translation services of an individual who demonstrates a bias or potential bias on the grounds of gender, race, religion, nationality, membership in a particular social group, or political opinion in connection with the giving of testimony by an alien before the trier of fact under subsection (b)(1)(B) or an asylum officer under section 235(b)(1)(B). (B) Prohibition on assistance by certain individuals The Secretary of Homeland Security, in consultation with the Secretary of State, shall promulgate regulations to provide that the United States does not use the language translation services of an individual who is an interpreter for or other employee of an airline owned by a country the government of which the Secretary of Homeland Security, in consultation with the Secretary of State, has determined has engaged in persecution on the grounds of gender, race, religion, nationality, membership in a particular social group, or political opinion in connection with the giving of testimony by an alien before the trier of fact under subsection (b)(1)(B) or an asylum officer under section 235(b)(1)(B). . (2) Effective date The amendment made by paragraph (1) shall apply to the use of language translation services after the date of the enactment of this Act. (b) Training for officials Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: (f) Training for officials In addition to the training that is provided to officers adjudicating asylum cases under this section and asylum officers under section 235(b)(1)(E), the Secretary of Homeland Security, in consultation with the Secretary of State, the Ambassador at Large for International Women’s Rights of the Department of State, the Director of the George P. Shultz National Foreign Affairs Training Center (commonly referred to as the Foreign Service Institute ), and other appropriate officials, shall provide to such officers training relating to the nature of gender-based discrimination in foreign countries (including country-specific conditions), instruction concerning internationally recognized women’s rights, and information regarding state sponsored and non-state sponsored applicable distinctions in a foreign country between the treatment of men and women. . (c) Training for immigration judges conducting proceedings for deciding the inadmissibility or deportability of an alien Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended by adding at the end the following new subsection: (f) Training for immigration judges conducting proceedings for deciding the inadmissibility or deportability of an alien The Attorney General shall provide to immigration judges training related to the nature of gender-based discrimination in foreign countries (including country-specific conditions), instruction concerning internationally recognized women’s rights, and information regarding state sponsored and non-state sponsored distinctions in a foreign country between the treatment of men and women. . 604. Inadmissibility of foreign government officials who have engaged in particularly severe violations of women’s rights (a) Ineligibility for visas and admission to the United States Section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ) is amended by adding at the end the following new subparagraph: (J) Foreign government officials who have engaged in particularly severe violations of women’s rights Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time during the preceding 24-month period, particularly severe violations of women’s rights, as defined in section 3 of the International Women’s Freedom Act of 2013 , and the spouse, son, or daughter, if any, of such official, is inadmissible. . (b) Effective date The amendment made by subsection (a) shall apply to determinations of admissibility made on or after the date of the enactment of this Act. 605. Study on the effect of expedited removal provisions on asylum claims (a) Study (1) Comptroller General The Comptroller General of the United States shall conduct a study alone or, upon request by the Commission under paragraph (2), in cooperation with experts invited by the Commission, to determine whether immigration officers (including asylum officers (as defined in section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) ))) performing duties under section 235(b) of such Act with respect to aliens who may be eligible for asylum are engaging in any of the following conduct: (A) Failing to inform an alien of the right to seek protection in the United States if (s)he has any reason to fear persecution in his or her home country. (B) Encouraging aliens expressing a fear of gender-based persecution to withdraw their applications for admission. (C) Determining aliens are ineligible for asylum before referring such aliens for an interview by an asylum officer for a determination of whether they have a credible fear of persecution (within the meaning of section 235(b)(1)(B)(v) of such Act). (D) Incorrectly failing to keep complete records of a decision to enforce expedited removal and an alien’s reasons for the withdrawal of an asylum application. (E) Improperly using detention as a deterrent to an alien’s pursuing an asylum claim. (F) Improperly detaining asylum seekers who establish a credible fear, identity, community ties, and who do not pose a security risk. (G) Improperly detaining asylum seekers in jail-like facilities where staff is not given specific training on the special needs of asylum seekers. (2) Commission request for participation by experts on refugee and asylum issues The Commission may invite experts who are recognized for their expertise and knowledge of refugee and asylum issues to cooperate with the Comptroller General in carrying out paragraph (1). (b) Reports (1) Comptroller General Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report containing the findings of the study conducted under subsection (a). If the experts referred to in such subsection were involved in conducting such study, the Comptroller General shall allow such experts to include in the report a section setting forth their views and conclusions. (2) Experts In the case of a Commission request under subsection (a)(2), the experts invited by the Commission under such subsection may submit a report to the committees described in paragraph (1). Such report may be submitted with the Comptroller General’s report under paragraph (1) or independently. (c) Access to proceedings (1) In general Except as provided in paragraph (2), to facilitate the completion of the duties described in this section, the Comptroller General and the experts, if any, referred to in subsection (a)(2) shall have unrestricted access to all stages of all inspections of aliens for admission under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). (2) Exception Paragraph (1) shall not apply with respect to the inspection if— (A) the alien concerned objects to such access; or (B) the Secretary of Homeland Security determines that the security of a particular proceeding would be threatened by such access, so long as any restrictions on the access of experts invited by the Commission under subsection (a)(2) do not contravene international law. VII Miscellaneous Provisions 701. Business codes of conduct (a) Congressional finding The Congress recognizes the increasing importance of transnational corporations as global actors, and their potential for providing positive leadership in their host countries in the area of human rights. (b) Sense of the congress It is the sense of the Congress that transnational corporations operating overseas, particularly those corporations operating in countries the governments of which have engaged in or tolerated violations of women’s rights, as identified in the Annual Report, should adopt codes of conduct— (1) upholding the rights of their female employees; and (2) ensuring that a worker’s gender shall in no way affect, or be allowed to affect, the status or terms of his or her employment.
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113-hr-2948
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I 113th CONGRESS 1st Session H. R. 2948 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Matheson (for himself and Mr. Harper ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes.
1. Short title This Act may be cited as the Transparency in Regulatory Analysis of Impacts on the Nation Act of 2013 . 2. Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States (a) Establishment The President shall establish a committee to be known as the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States (in this Act referred to as the Committee ) to analyze and report on the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, in accordance with sections 3 and 4. (b) Members The Committee shall be composed of the following officials (or their designees): (1) The Secretary of Agriculture, acting through the Chief Economist. (2) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade. (3) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics. (4) The Secretary of Energy, acting through the Administrator of the Energy Information Administration. (5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury. (6) The Administrator of the Environmental Protection Agency. (7) The Chairman of the Council of Economic Advisors. (8) The Chairman of the Federal Energy Regulatory Commission. (9) The Administrator of the Office of Information and Regulatory Affairs. (10) The Chief Counsel for Advocacy of the Small Business Administration. (11) The Chairman of the United States International Trade Commission, acting through the Office of Economics. (c) Chair The Secretary of Commerce shall serve as Chair of the Committee. In carrying out the functions of the Chair, the Secretary of Commerce shall consult with the members serving on the Committee pursuant to paragraphs (5) and (11) of subsection (b). (d) Consultation In conducting analyses under section 3 and preparing reports under section 4, the Committee shall consult with, and consider pertinent reports issued by, the Electric Reliability Organization certified under section 215(c) of the Federal Power Act (16 U.S.C. 824o(c)). (e) Termination The Committee shall terminate 60 days after submitting its final report pursuant to section 4(c). 3. Analyses (a) Scope The Committee shall conduct analyses, for each of the calendar years 2018, 2023, and 2030, of the following: (1) The cumulative impact of covered rules that are promulgated as final regulations on or before January 1, 2014, in combination with covered actions. (2) The cumulative impact of all covered rules (including covered rules that have not been promulgated as final regulations on or before January 1, 2014), in combination with covered actions. (3) The incremental impact of each covered rule not promulgated as a final regulation on or before January 1, 2014, relative to an analytic baseline representing the results of the analysis conducted under paragraph (1). (b) Contents The Committee shall include in each analysis conducted under this section the following: (1) Estimates of the impacts of the covered rules and covered actions with regard to— (A) the global economic competitiveness of the United States, particularly with respect to energy intensive and trade sensitive industries; (B) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach; (C) any resulting change in national, State, and regional electricity prices; (D) any resulting change in national, State, and regional fuel prices; (E) the impact on national, State, and regional employment during the 5-year period beginning on the date of enactment of this Act, and also in the long term, including secondary impacts associated with increased energy prices and facility closures; and (F) the reliability and adequacy of bulk power supply in the United States. (2) Discussion of key uncertainties and assumptions associated with each estimate. (3) A sensitivity analysis. (4) Discussion, and where feasible an assessment, of the cumulative impact of the covered rules and covered actions on— (A) consumers; (B) small businesses; (C) regional economies; (D) State, local, and tribal governments; (E) local and industry-specific labor markets; and (F) agriculture, as well as key uncertainties associated with each topic. (c) Methods In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A–4. (d) Data In conducting analyses under this section, the Committee— (1) shall use the best data that is available to the public or supplied to the Committee by its members, including the most recent such data appropriate for this analysis representing air quality, facility emissions, and installed controls; and (2) is not required to create data or to use data that is not readily accessible. (e) Covered rules In this section, the term covered rule means the following: (1) The following published rules (including any successor or substantially similar rule): (A) National Ambient Air Quality Standards for Ozone , published at 75 Fed. Reg. 2938 (January 19, 2010). (B) National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters , published at 78 Fed. Reg. 7138 (January 31, 2013). (C) National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers , published at 78 Fed. Reg. 7488 (February 1, 2013). (D) National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units , published at 77 Fed. Reg. 9304 (February 16, 2012) and the Reconsideration of Certain New Source Issues: National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units , published at 78 Fed. Reg. 24073 (April 24, 2013). (E) Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities , published at 75 Fed. Reg. 35128 (June 21, 2010). (F) Primary National Ambient Air Quality Standard for Sulfur Dioxide , published at 75 Fed. Reg. 35520 (June 22, 2010). (G) Primary National Ambient Air Quality Standards for Nitrogen Dioxide , published at 75 Fed. Reg. 6474 (February 9, 2010). (H) National Pollutant Discharge Elimination System—Cooling Water Intake Structures at Existing Facilities and Phase I Facilities , published at 76 Fed. Reg. 22174 (April 20, 2011). (I) Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category , published at 74 Fed. Reg. 62996 (December 1, 2009). (2) The following additional rules or guidelines promulgated on or after January 1, 2009: (A) Any rule or guideline promulgated under section 111(b) or 111(d) of the Clean Air Act ( 42 U.S.C. 7411(b) , 7411(d)) to address climate change. (B) Any rule or guideline promulgated by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency under or as the result of section 169A or 169B of the Clean Air Act ( 42 U.S.C. 7491 , 7492). (C) Any rule establishing or modifying a national ambient air quality standard under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ). (f) Covered actions In this section, the term covered action means any action on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality) or title V (relating to permitting) of the Clean Air Act ( 42 U.S.C. 7401 et seq. ), if such application occurs with respect to an air pollutant that is identified as a greenhouse gas in Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act , published at 74 Fed. Reg. 66496 (December 15, 2009). 4. Reports; public comment (a) Preliminary report Not later than January 31, 2014, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 3. (b) Public comment period The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 90 days after such submission. (c) Final report Not later than August 1, 2014, the Committee shall submit to Congress a final report containing the analyses conducted under section 3, including any revisions to such analyses made as a result of public comments, and a response to such comments.
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113-hr-2949
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I 113th CONGRESS 1st Session H. R. 2949 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. McMorris Rodgers introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To delay for one year certain amendments to the Medicaid program made by the Patient Protection and Affordable Care Act, and for other purposes.
1. Delay of ACA Medicaid provisions (a) Medicaid expansion To cover individuals with income at or below 133 percent of the poverty line Section 1902(a)(10)(A)(i)(VIII) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) State option for coverage for individuals with income that exceeds 133 percent of the poverty line Section 1902(a)(10)(A)(ii)(XX) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(ii)(XX) ) is amended by striking January 1, 2014 and inserting January 1, 2015 . (c) Annual enrollment reports (1) State reports Section 1902(a)(75) of the Social Security Act (42 U.S.C. 1396a(a)(75)) is amended by striking January 2015 and inserting January 2016 . (2) Reports to Congress Section 2001(d)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 278) is amended by striking April 2015 and inserting April 2016 . (d) Increased FMAP for medical assistance for newly eligible mandatory individuals Section 1905(y)(1)(A) of the Social Security Act (42 U.S.C. 1396d(y)(1)(A)) is amended by striking 2014, 2015, and 2016 and inserting 2015 and 2016 . (e) Equitable support for certain States Section 1905(z) of the Social Security Act ( 42 U.S.C. 1396d(z) ) is amended— (1) in paragraph (1)(A), by striking January 1, 2014, and ends on December 31, 2015 and inserting January 1, 2015, and ends on December 31, 2016 ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking 2014 and inserting 2015 ; and (B) in subparagraph (B)(ii)— (i) by striking subclauses (I) and (II); and (ii) by redesignating subclauses (III) through (VI) as subclauses (I) through (IV), respectively. (f) Application of minimum essential benefits to benchmark coverage Section 1937(b)(5) of the Social Security Act ( 42 U.S.C. 1396u–7(b)(5) ) is amended by striking January 1, 2014 and inserting January 1, 2015 . 2. Effective date If this Act is enacted on or after November 1, 2013, the amendments made by section 1 to sections 1902, 1905, and 1937 of the Social Security Act ( 42 U.S.C. 1396a , 1396d, and 1396u–7) and section 2001(d)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 278) shall not be effective until the first day of the first calendar quarter beginning not earlier than 60 days after such date.
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113-hr-2950
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I 113th CONGRESS 1st Session H. R. 2950 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. McMorris Rodgers 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 delay the application of the individual health insurance mandate for individuals who have not attained age 27.
1. Delay of application of individual health insurance mandate for individuals who have not attained age 27 (a) In general Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Delayed application to individuals who have not attained age 27 In the case of any month beginning before January 1, 2015, no penalty shall be imposed under subsection (a) with respect to any individual who has not attained age 27 as of December 31, 2013. . (b) Effective date The amendment made by this section shall take effect as if included in section 1501 of the Patient Protection and Affordable Care Act.
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113-hr-2951
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I 113th CONGRESS 1st Session H. R. 2951 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. McMorris Rodgers 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 require certain preconditions for allowing premium tax credits, reductions in cost-sharing, and funding of Navigators and related Exchange enrollment activities, and for other purposes.
1. Preconditions for premium tax credits, reductions in cost-sharing, and funding of Navigators and related Exchange enrollment activities (a) In general Notwithstanding any other provision of law, no premium tax credit shall be allowed under section 36B of the Internal Revenue Code of 1986, no reduction in cost-sharing shall be allowed under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ), and no funds may be awarded under section 1311 of such Act ( 42 U.S.C. 18031 ) for the operation of a Navigator program under subsection (i) of such section or for facilitation or advocacy for enrollment under subsections (d)(6)(B) and (E) of such section, until— (1) 1 year after the date the Secretary certifies to Congress that the ACA verification methods (as defined in subsection (c)(1))— (A) have been tested to verify their accuracy; and (B) have safeguards in place to protect personally identifiable information; and (2) the Inspector General of the Department of Health and Human Services reviews such verification methods and certifies to Congress— (A) the quality, accuracy, response time, and integrity of such verification methods; and (B) that the level of improper subsidy payments is not likely to exceed 3 percent of the level of the total subsidy payments (as defined in subsection (c)(3)). (b) Subsequent annual certification of verification methods (1) In general The Inspector General of the Department of Health and Human Services shall annually review the quality, accuracy, response time, and integrity of the ACA verification methods in order to determine the level of improper subsidy payments as a percentage of the level of total subsidy payments. (2) Suspension if excessive improper subsidy payments If the Inspector General determines for a year as a result of such review that the level of improper subsidy payments is projected to exceed 3 percent of the level of total subsidy payments, for years beginning after the date of such determination awards shall be suspended until such time as the Secretary and the Inspector General certify that the level of improper subsidy payments is not likely to exceed 3 percent of the level of total subsidy payment. (c) Definitions In this section: (1) The term ACA verification methods means the verification methods required under subsections (c)(4) and (d) of section 1411 of the Patient Protection and Affordable Care Act (42 U.S.C. 18081). (2) The term Secretary means the Secretary of Health and Human Services, acting in consultation with the Secretary of the Treasury and other appropriate Federal officials in implementing section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081 ). (3) The term subsidy payments means premium tax credits allowed under section 36B of the Internal Revenue Code of 1986 and reductions in cost-sharing effected under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ).
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113-hr-2952
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I 113th CONGRESS 1st Session H. R. 2952 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Meehan introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to make certain improvements in the laws relating to the advancement of security technologies for critical infrastructure protection, and for other purposes.
1. Short title This Act may be cited as the Critical Infrastructure Research and Development Advancement Act of 2013 or the CIRDA Act of 2013 . 2. Definitions Section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ) is amended by redesignating paragraphs (15) through (18) as paragraphs (16) through (19), respectively, and by inserting after paragraph (14) the following: (15) The term Sector Coordinating Council means a private sector coordinating council that is— (A) recognized by the Secretary as such a Council for purposes of this Act; and (B) comprised of representatives of owners and operators of critical infrastructure within a particular sector of critical infrastructure. . 3. Critical infrastructure protection research and development (a) In general Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following: 318. Research and development strategy for critical infrastructure protection (a) In General Not later than 180 days after the date of enactment of the Critical Infrastructure Research and Development Advancement Act of 2013, the Secretary, acting through the Under Secretary for Science and Technology, shall transmit to Congress a strategic plan to guide the overall direction of Federal physical security and cybersecurity technology research and development efforts for protecting critical infrastructure. Once every 2 years after the initial strategic plan is transmitted to Congress under this section, the Secretary shall transmit to Congress an update of the plan. (b) Contents of Plan The strategic plan shall include the following: (1) An identification of critical infrastructure security risks and the associated security technology gaps, that are developed following— (A) consultation with stakeholders, including the Sector Coordinating Councils; and (B) performance by the Department of a risk/gap analysis that considers information received in such consultations. (2) A set of critical infrastructure security technology needs that— (A) is prioritized based on risk and gaps identified under paragraph (1); (B) emphasizes research and development of those technologies that need to be accelerated due to rapidly evolving threats or rapidly advancing infrastructure technology; and (C) includes research, development, and acquisition roadmaps with clearly defined objectives, goals, and measures. (3) An identification of laboratories, facilities, modeling, and simulation capabilities that will be required to support the research, development, demonstration, testing, evaluation, and acquisition of the security technologies described in paragraph (2). (4) An identification of current and planned programmatic initiatives for fostering the rapid advancement and deployment of security technologies for critical infrastructure protection. The initiatives shall consider opportunities for public-private partnerships, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer. (c) Coordination In carrying out this section, the Under Secretary for Science and Technology shall coordinate with the Under Secretary for the National Protection and Programs Directorate. (d) Consultation In carrying out this section, the Under Secretary for Science and Technology shall consult with— (1) the critical infrastructure Sector Coordinating Councils; (2) to the extent practicable, subject matter experts on critical infrastructure protection from universities, national laboratories, and private industry; (3) the heads of other relevant Federal departments and agencies that conduct research and development for critical infrastructure protection; and (4) State, local, and tribal governments as appropriate. 319. Report on public-private research and development consortiums (a) In general Not later than 180 days after the enactment of the Critical Infrastructure Research and Development Advancement Act of 2013 , the Secretary, acting through the Under Secretary for Science and Technology, shall transmit to Congress a study on the use by the Department of public-private research and development consortiums for accelerating technology development for critical infrastructure protection. Once every 2 years after the initial study is transmitted to Congress under this section, the Secretary shall transmit to Congress an update of the study. The study shall focus on those aspects of critical infrastructure protection that are predominately operated by the private sector and that would most benefit from rapid security technology advancement. (b) Contents of Study The study shall include— (1) a summary of the progress and accomplishments of on-going consortiums for critical infrastructure security technologies; (2) in consultation with the Sector Coordinating Councils, a prioritized list of technology development focus areas that would most benefit from a public-private research and development consortium; and (3) based on the prioritized list developed under paragraph (2), a proposal for implementing an expanded research and development consortium program, including an assessment of feasibility and an estimate of cost, schedule, and milestones. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: Sec. 318. Research and development strategy for critical infrastructure protection. Sec. 319. Report on public-private research and development consortiums. . (c) Critical infrastructure protection technology clearinghouse Section 313 of the Homeland Security Act of 2002 ( 6 U.S.C. 193 ) is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following: (c) Critical infrastructure protection technology clearinghouse (1) Designation Under the program required by this section, the Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for the National Protection and Programs Directorate, shall designate a technology clearinghouse for rapidly sharing proven technology solutions for protecting critical infrastructure. (2) Sharing of technology solutions Technology solutions shared through the clearinghouse shall draw from Government-furnished, commercially furnished, and publically available trusted sources. (3) Technology metrics All technologies shared through the clearinghouse shall include a set of metrics to assist end-users in deploying timely and effective solutions relevant for their critical infrastructures. (4) Review by privacy officer The Privacy Officer of the Department appointed under section 222 shall annually review the clearinghouse process to evaluate its consistency with fair information practice principles issued by the Privacy Officer. . (d) Evaluation of Technology Clearinghouse by Government Accountability Office Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct an independent evaluation of, and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on, the effectiveness of the clearinghouses established and designated, respectively, under section 313 of the Homeland Security Act of 2002, as amended by this section. 4. No additional authorization of appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose.
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113-hr-2953
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I 113th CONGRESS 1st Session H. R. 2953 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Michaud introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce and 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 provide Medicare payments to Department of Veterans Affairs medical facilities for items and services provided to Medicare-eligible veterans for non-service-connected conditions.
1. Short title This Act may be cited as the Medicare VA Reimbursement Act of 2013 . 2. Establishment of Medicare subvention for veterans (a) In general Section 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended by adding at the end the following new subsection: (p) Medicare subvention for veterans (1) Establishment The Secretary of Health and Human Services, in cooperation with the Secretary of Veterans Affairs, shall establish a program to be known as the Medicare VA reimbursement program under which the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs, from the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841, for an item or service that— (A) is furnished to a Medicare-eligible veteran by a Department of Veterans Affairs medical facility for the treatment of a non-service-connected condition; and (B) is covered under this title or is determined to be medically necessary by the Secretary of Veterans Affairs. (2) Memorandum of understanding (A) In general Not later than 6 months after the date of the enactment of this subsection, the Secretary of Health and Human Services shall enter a memorandum of understanding with the Secretary of Veterans Affairs concerning the administration of the Medicare VA reimbursement program. (B) Contract elements The memorandum of understanding under subparagraph (A) shall contain the following: (i) Frequency of reimbursement An agreement on how often reimbursements will be made by the Secretary of Health and Human Services to the Secretary of Veterans Affairs. (ii) Billing system An agreement on the details of the billing system that will be used by the Secretary of Veterans Affairs to make claims for reimbursement from the Secretary of Health and Human Services. (iii) Data sharing agreement An agreement on data sharing, including— (I) identification of the data exchanges that each Secretary will need to develop, maintain, or provide access to, for purposes of the Medicare VA reimbursement program; and (II) verification of data demonstrating that an item or service was provided by a Department of Veterans Affairs medical facility to a Medicare-eligible veteran for a non-service-connected condition before the Secretary of Health and Human Services provides for reimbursement for such item or service under the Medicare VA reimbursement program. (iv) Payment rate Details of the payment rate to be used consistent with paragraph (3) for reimbursements made under the Medicare VA reimbursement program. (v) Performance measures An agreement on performance measures and performance targets to be used to demonstrate the impact of the Medicare VA reimbursement program. (vi) Additional terms Any additional terms deemed necessary by the administering Secretaries. (C) No maintenance of effort requirement For purposes of the Medicare VA reimbursement program, the Secretary of Veterans Affairs shall not be required to meet a requirement that the Secretary of Veterans Affairs maintain a certain level of spending in order to receive reimbursement from the Secretary of Health and Human Services. (3) Payments based on regular Medicare payment rates (A) Amount Subject to the succeeding provisions of this paragraph, the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs— (i) for an item or service that is covered under this title and is provided to a Medicare-eligible veteran by a Department of Veterans Affairs medical facility for the treatment of a non-service-connected condition, at a rate that is not less than 100 percent of the amounts that otherwise would be payable under this title, on a fee-for-service basis, for such item or service if the Department of Veterans Affairs medical facility were a provider of services, were participating in the Medicare program, and imposed charges for such item or service; and (ii) for an item or service that is not covered under this title that is provided to a Medicare-eligible veteran by a Department of Veterans Affairs medical facility for the treatment of a non-service-connected condition, if the Secretary of Veterans Affairs determines that such item or service is medically necessary, at a rate determined by the Secretary of Health and Human Services in consultation with the Secretary of Veterans Affairs. (B) No arbitrary limitation on amount Subject to the requirements of this subsection, the Secretary of Health and Human Services may not impose an annual cap or other limit on the amount of reimbursement made under the Medicare VA reimbursement program. (C) Exclusion of certain amounts In computing the amount of payment under subparagraph (A), the following amounts shall be excluded: (i) Disproportionate share hospital adjustment Any amount attributable to an adjustment under section 1886(d)(5)(F). (ii) Direct graduate medical education payments Any amount attributable to a payment under section 1886(h). (iii) Indirect medical education adjustment Any amount attributable to the adjustment under section 1886(d)(5)(B). (iv) Capital payments Any amounts attributable to payments for capital-related costs under section 1886(g). (D) Periodic payments from Medicare trust funds Reimbursements under this paragraph shall be made— (i) on a periodic basis consistent with the periodicity of payments under this title; and (ii) from the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841. (E) Crediting of payments Any payment made to the Department of Veterans Affairs under this subsection shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of title 38, United States Code. (4) Cost-sharing requirements The Secretary of Health and Human Services shall reduce the amount of reimbursement to the Secretary of Veterans Affairs for items and services under the Medicare VA reimbursement program by amounts attributable to applicable deductible, coinsurance, and cost-sharing requirements under this title. (5) Waiver of prohibition on payments to Federal providers of services The prohibition of payments to Federal providers of services under sections 1814(c), 1835(d), and 1862(a)(3) shall not apply to items and services provided under this subsection. (6) Rules of construction Nothing in this subsection shall be construed— (A) as prohibiting the Inspector General of the Department of Health and Human Services from investigating any matters regarding the expenditure of funds under this subsection, including compliance with the provisions of this title and all other relevant laws; (B) as adding or requiring additional criteria for eligibility for health care benefits furnished to veterans by the Secretary of Veterans Affairs, as established under chapter 17 of title 38, United States Code; or (C) subject to the requirements of title 38, United States Code, as limiting a veteran’s ability to access such benefits, regardless of the veteran’s status as a Medicare-eligible veteran. (7) Annual reports Not later than one year after the date of implementing the Medicare VA reimbursement program and annually thereafter, the administering Secretaries shall submit to the Congress a report containing the following: (A) The number of Medicare-eligible veterans who elect to receive health care at a Department of Veterans Affairs medical facility. (B) The total amount of reimbursements made under the program from the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841 to the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of title 38, United States Code. (C) The number and types of items and services provided to Medicare-eligible veterans by Department of Veterans Affairs medical facilities under the program. (D) An accounting of the manner in which the Department of Veterans Affairs expended funds received through reimbursements under the program. (E) A detailed description of any changes made to the memorandum of understanding under paragraph (2). (F) A comparison of the performance data with the performance targets under paragraph (2)(B)(v). (G) Any other data on the program that the administering Secretaries determine are appropriate. (8) Definitions For purposes of this subsection: (A) Administering Secretaries The term administering Secretaries means the Secretary of Health and Human Services and the Secretary of Veterans Affairs acting jointly. (B) Medicare-eligible veteran The term Medicare-eligible veteran means an individual who is a veteran (as defined in section 101(2) of title 38, United States Code) who is eligible for care and services under section 1705(a) of title 38, United States Code and who— (i) is entitled to, or enrolled for, benefits under part A; or (ii) is enrolled for benefits under part B. (C) Non-service connected condition The term non-service-connected condition means a disease or condition that is non-service-connected (as defined in section 101(17) of title 38, United States Code). (D) Department of Veterans Affairs medical facility The term Department of Veterans Affairs medical facility means a medical facility (as defined in section 8101(3) of title 38, United States Code), alone or in conjunction with other facilities under the jurisdiction of the Secretary of Veterans Affairs. . (b) Conforming amendment Section 1729 of title 38, United States Code, is amended by adding at the end the following new subsection: (j) In any case in which a Medicare-eligible veteran (as defined in section 1862(p)(8)(B) of the Social Security Act (42 U.S.C. 1395y(p)(8)(B))) is furnished care or services under this chapter for a non-service-connected condition (as defined in section 1862(p)(8)(C) of such Act) the Secretary shall— (1) seek reimbursement from the Secretary of Health and Human Services for such care and services under section 1862(p) of such Act; and (2) collect any applicable deductible, coinsurance, or other cost-sharing amount required under title XVIII of the Social Security Act from the veteran or from a third party to the extent that the veteran (or the provider of the care or services) would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a department or agency of the United States. . 3. GAO report (a) In general Not later than the last day of the three-year period beginning on the date of the enactment of this Act and the last date of each subsequent three-year period, the Comptroller General of the United States shall submit to the Congress a report on the Medicare VA reimbursement program established under section 1862(p) of the Social Security Act, as added by section 2. (b) Contents The report under subsection (a) shall contain an analysis of— (1) the impact of the Medicare VA reimbursement program on the Federal Hospital Insurance Trust Fund established in section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) and the Federal Supplementary Medical Insurance Trust Fund established in section 1841 of such Act (42 U.S.C. 1395t); (2) whether Medicare-eligible veterans (as defined in section 1862(p)(8)(B) of such Act) experience improved access to health care as a result of the program; (3) whether Medicare-eligible veterans experience a change in the quality of care that they receive as a result of this program; (4) the impact of the program on local health care providers and Medicare beneficiaries in the communities surrounding Department of Veterans Affairs medical facilities; and (5) any additional issues deemed appropriate by the Comptroller General of the United States. 4. Sense of Congress It is the sense of the Congress that the amount of funds appropriated to the Department of Veterans Affairs for medical care in any fiscal year beginning on or after the date of the enactment of this Act should not be reduced as a result of the implementation of the Medicare VA reimbursement program under section 1862(p) of the Social Security Act, as added by section 2(a).
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https://www.govinfo.gov/content/pkg/BILLS-113hr2953ih/xml/BILLS-113hr2953ih.xml
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113-hr-2954
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I 113th CONGRESS 1st Session H. R. 2954 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize Escambia County, Florida, to convey certain property that was formerly part of Santa Rosa Island National Monument and that was conveyed to Escambia County subject to restrictions on use and reconveyance.
1. Conveyance of property (a) Conveyance free of restrictions Notwithstanding the restrictions on conveyance of property located on Santa Rosa Island, Florida, contained in the Act of July 30, 1946 (chapter 699; 70 Stat. 712), and the deed to the property from the United States to Escambia County, Florida, dated January 15, 1947, Escambia County may, at its discretion, convey or otherwise dispose of all of its right, title, and interest (in whole or in part), in and to any portion of the property that was conveyed to it pursuant to that Act and deed, to any person or entity, free from any restriction on conveyance or reconveyance imposed by the United States in that Act or deed. Any conveyance under this subsection shall be subject to the conditions set forth in subsection (c). (b) Leasehold interests No person or entity holding a leasehold interest in the property as of the date of the enactment of this Act shall be required to involuntarily accept a fee interest in lieu of their leasehold interest in the property. (c) Conditions Any conveyance under subsection (a) shall be subject to the following conditions: (1) Not later than two calendar years after the date of the enactment of this Act, Escambia County shall convey to Santa Rosa County all right, title, and interest held in and to any portion of the property that was conveyed to Escambia County under the Act and deed that fall in the jurisdictional boundaries of Santa Rosa County, Florida. The conveyance by Escambia County to Santa Rosa County shall be absolute and shall terminate any subjugation of Santa Rosa County to Escambia County or any regulation of Santa Rosa County by Escambia County. Santa Rosa County shall not be required to pay any sum for the subject property other than actual costs associated with the conveyance. (2) Santa Rosa County or any other person to which property is conveyed under this Act may reconvey property, or any portion of property, conveyed to it under this section. (3) For all properties defined under subsection (a) the leaseholders, or owners are free to pursue incorporation, annexation, or any other governmental status so long as all other legal conditions required for doing so are followed. (4) Each property defined under subsection (a) is under the jurisdiction of the county and any other local government entity in which the property is located. (5) Any proceeds from the conveyance of any property defined under subsection (a) by Escambia County or Santa Rosa County, other than direct and incidental costs associated with such conveyance, shall be considered windfall profits and shall revert to the United States. (6) Escambia County and Santa Rosa County shall in perpetuity preserve those areas on Santa Rosa Island currently dedicated to conservation, preservation, public, recreation, access and public parking in accordance with resolutions heretofore adopted by the Board of County Commissioners of each respective county. (d) Determination of compliance Escambia County and Santa Rosa County shall have no deadline or requirement to make any conveyance or reconveyance of any property defined under subsection (a) other than the conveyance required under subsection (c)(1). Each county may establish terms for conveyance or reconveyance, subject to the conditions set forth in this Act and applicable State law.
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https://www.govinfo.gov/content/pkg/BILLS-113hr2954ih/xml/BILLS-113hr2954ih.xml
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113-hr-2955
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I 113th CONGRESS 1st Session H. R. 2955 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Moore (for herself and Mr. Pocan ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Runaway and Homeless Youth Act to ensure that recipients of assistance under that Act provide services to sexual and gender minority youth in a manner that is culturally competent, and for other purposes.
1. Short title This Act may be cited as the Runaway and Homeless Youth Inclusion Act of 2013 . 2. Cultural competency of service providers (a) Basic centers Section 312(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)) is amended— (1) in paragraph (6) by inserting after cultural minority the following: , persons who are in a minority category related to sexual orientation or gender identity or expression, ; (2) in paragraph (7) by inserting after services), the following: including demographics on the sexual orientation and gender identity or expression of the youth it serves, ; (3) in paragraph (12)(C)(ii) by striking and at the end; (4) in paragraph (13) by striking the period at the end and inserting ; and ; and (5) by adding at the end the following: (14) shall serve youth in a manner that is culturally competent. . (b) Transitional living programs Section 322(a) of such Act ( 42 U.S.C. 5714–2(a) ) is amended— (1) in paragraph (15) by striking and at the end; (2) in paragraph (16) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (17) to serve youth in a manner that is culturally competent. . (c) Sexual abuse prevention programs Section 351 of such Act ( 42 U.S.C. 5714–41 ) is amended by adding at the end the following: (c) Qualification requirement To be eligible to receive grants under subsection (a), an applicant shall certify to the Secretary that the applicant has systems in place to ensure that the applicant provides services to all youth in a culturally competent manner. . 3. Additional finding (a) Finding Section 302 of the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 ) is amended— (1) in paragraph (5) by striking and at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) lesbian, gay, bisexual, and transgender youth comprise an estimated 3 to 5 percent of the youth population of the United States but such youth account for up to 40 percent of the homeless youth population of the United States; and . 4. Additional purposes Section 311(a)(2)(C) of the Runaway and Homeless Youth Act ( 42 U.S.C. 5711(a)(2)(C) ) is amended— (1) in clause (iii) by striking and at the end; (2) in clause (iv) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (v) family assessment, intervention, and reunification services for families of sexual and gender minority youth; and (vi) providing resources for families of sexual and gender minority youth who may be struggling with understanding or accepting the sexual orientation or gender identity or expression of the individual. . 5. Report requirement Section 345(a) of the Runaway and Homeless Youth Act ( 42 U.S.C. 5714–25(a) ) is amended— (1) in paragraph (1) by striking and at the end; and (2) by adding at the end the following: (3) that includes data on the demographics of such individuals, including whether such individuals are sexual and gender minority youth; and (4) that does not disclose the identity of individual runaway or homeless youth. . 6. Inclusion of nondiscrimination statement in Runaway and Homeless Youth Act Part F of title III of the Runaway and Homeless Youth Act ( 42 U.S.C. 5714a et seq. ) is amended by adding at the end the following: 390. Nondiscrimination (a) In general No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender identity or expression, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under— (1) any program or activity funded in whole or in part with funds made available under this title; or (2) any program or activity funded in whole or in part with funds appropriated for grants, agreements, and other assistance administered with funds made available under this title. (b) Discrimination The authority of the Attorney General and the Office of Justice Programs to enforce this section shall be the same as it is under section 809 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3789d ). (c) Limitation on statutory construction Nothing in this section may be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common. . 7. Definitions Section 387 of the Runaway and Homeless Youth Act ( 42 U.S.C. 5732a ) is amended— (1) by redesignating paragraphs (5) through (8) as paragraphs (9) through (12), respectively; (2) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6), respectively; (3) by redesignating paragraph (1) as paragraph (2); (4) by inserting after In this title: the following: (1) Culturally competent The term culturally competent means— (A) having a defined set of values and principles and demonstrate behaviors, attitudes, policies, and structures that enable effective working relationships with individuals of diverse backgrounds, including sexual and gender minority youth; and (B) having the demonstrated capacity to— (i) value diversity; (ii) conduct self-assessment; (iii) manage the dynamics of difference; (iv) acquire and institutionalize cultural knowledge; and (v) adapt to diversity and cultural contexts of a community. ; (5) by inserting after paragraph (2) (as redesignated by paragraph (3) of this section) the following: (3) Gender identity or expression The term gender identity or expression means an individual’s gender-related identity, appearance, or behavior, whether or not that identity, appearance, or behavior differs from that which is traditionally associated with the individual’s physiology or assigned sex at birth. ; and (6) by inserting after paragraph (6) (as redesignated by paragraph (2) of this section) the following: (7) Sexual and gender minority youth The term sexual and gender minority youth means a runaway or homeless youth covered under this Act who is in a minority category related to sexual orientation or gender identity or expression. (8) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr2955ih/xml/BILLS-113hr2955ih.xml
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