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113-hr-3557	I 113th CONGRESS 1st Session H. R. 3557 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Gosar introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to provide increased protections for consumer or subscriber password information, and to amend the Foreign Intelligence Surveillance Act of 1978 to provide that the Director of the Federal Bureau of Investigation may not access password information pursuant to an order under section 501 of that Act, and for other purposes. 1. Short title This Act may be cited as the Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 . 2. Increased protections relating to voluntary disclosure of password information Section 2702 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (b) or (c) and inserting subsection (b), (c), or (d) ; (B) in paragraph (2), by striking and at the end; (C) in paragraph (3)— (i) by inserting after (not including the contents of communications covered by paragraph (1) or (2) the following: , or the password information covered by paragraph (4) ; and (ii) by striking the period at the end and inserting ; and ; and (D) by inserting after paragraph (3) the following: (4) a person or entity providing an electronic communication service or a remote computing service to the public shall not knowingly divulge to any person or entity the password information pertaining to a subscriber or customer of such service. ; (2) in subsection (c), by inserting after (not including the contents of communications covered by subsection (a)(1) or (2) the following: , or the password information covered by subsection (a)(4) ; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Exceptions for Disclosure of Password Information A provider described in subsection (a) may divulge the password information pertaining to a subscriber or customer of such service— (1) as otherwise authorized in 2703 of this title; (2) with the lawful consent of the subscriber or customer; (3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (4) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A; or (5) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of password information relating to the emergency. ; and (5) in subsection (e), as so redesignated, by inserting after subsection (b)(8) each place it appears, the following: or (d)(5) . 3. Increased protections relating to required disclosure of customer communications and password information (a) In general Section 2703 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in the first sentence, by inserting after A governmental entity may require the disclosure by a provider of electronic communication service the following: or remote computing service ; (B) by striking in an electronic communications system for one hundred and eighty days or less ; and (C) by striking the second sentence; (2) by amending subsection (b) to read as follows: (b) Password information A governmental entity may require a provider of electronic communication service or remote computing service to disclose the password information pertaining to a subscriber or customer of such service only 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. ; (3) in subsection (c)(1), by inserting after (not including the contents of communications the following: or the password information pertaining to a subscriber or customer of such service ; and (4) in subsection (d), by striking subsection (b) or (c) and inserting subsection (c) . (b) Conforming amendments Chapter 121 of title 18, United States Code, is amended— (1) in section 2701(c)(3), by striking , 2704, ; (2) by repealing sections 2704 and 2705; and (3) in section 2706, by striking section 2702, 2703, or 2704 and inserting section 2702 or 2703 . 4. Password information excluded from transactional records available pursuant to a counterintelligence request Section 2709 of title 18, United States Code, is amended by inserting after subsection (f), the following: (g) Password information A request made pursuant to subsection (b) for electronic communication transactional records may not include a request for the password information pertaining to a subscriber or customer of a provider of electronic communication service or remote computing service. . 5. Password information excluded from tangible things required to be produced through a FISA court order Section 501(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(a)(1) ) is amended by inserting after tangible things (including books, records, papers, documents, and other items the following: , but not including password information pertaining to a customer or subscriber of a provider of electronic communication service or remote computing service (as such terms are defined in section 2510 and 2711 of title 18, United States Code, respectively) .	https://www.govinfo.gov/content/pkg/BILLS-113hr3557ih/xml/BILLS-113hr3557ih.xml
113-hr-3558	I 113th CONGRESS 1st Session H. R. 3558 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Graves of Georgia (for himself, Mr. McIntyre , Mr. Coble , Mr. McHenry , Mr. Lipinski , Mr. Westmoreland , Mr. Michaud , Mrs. Ellmers , Mr. Pascrell , Mr. McGovern , Mr. Hudson , Mr. Rangel , Mr. Jones , Mr. Bishop of Georgia , Mr. Meadows , Mr. Johnson of Georgia , Mr. Pittenger , Ms. Linda T. Sánchez of California , Mr. Holding , Mr. David Scott of Georgia , Mr. Gowdy , Mr. Wilson of South Carolina , Mr. Collins of Georgia , and Ms. Foxx ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide the Department of Homeland Security, U.S. Customs and Border Protection, and the Department of the Treasury with authority to more aggressively enforce customs and trade laws relating to textile and apparel articles, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Textile Enforcement 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. Textile or apparel article defined. Sec. 3. Definitions. Sec. 4. Findings. Sec. 5. Sense of Congress. TITLE I—Additional authorities for U.S. Customs and Border Protection Sec. 101. Seizure and forfeiture of certain textile or apparel articles and use of amounts from fines, penalties, and forfeitures. Sec. 102. Increase in certain TTA positions and import specialist positions and biennial review of staff levels. TITLE II—Amendments to the Tariff Act of 1930 Sec. 201. Special provisions regarding certain violations relating to import documentation. Sec. 202. Electronic preference verification system for origin of textile or apparel articles under CAFTA–DR, NAFTA, and other free trade agreements. Sec. 203. Establishment of textile and apparel new importer program. Sec. 204. Nonresident importer declaration program for textile or apparel articles. TITLE III—Establishment of textile and apparel manufacturing and supplier registry Sec. 301. Establishment of textile and apparel manufacturing and supplier registry. TITLE IV—Implementation report Sec. 401. Implementation report. 2. Textile or apparel article defined (a) In general In this Act, the term textile or apparel article means any of the following: (1) Any good classifiable in chapters 50 through 63 of the HTS. (2) Any good classifiable under one of the following HTS headings or subheadings: (A) 3005.90. (B) 3921.12.15. (C) 3921.13.15. (D) 3921.90.11. (E) 3921.90.15. (F) 3921.90.19. (G) 3921.90.25. (H) 3921.90.29. (I) 3921.90.40. (J) 6601. (K) 7019.19.15. (L) 7019.19.28. (M) 7019.40 through 7019.59. (N) 8708.21.00. (O) 9404.30. (P) 9404.90. (b) HTS defined In subsection (a), the term HTS means the Harmonized Tariff Schedule of the United States. 3. Definitions In this Act: (1) CAFTA–DR country The term CAFTA–DR country has the meaning given such term in section 3(2) of the Dominican Republic-Central America-United States-Free Trade Agreement Implementation Act ( 19 U.S.C. 4002(2) ). (2) CEE The term CEE means the Center of Excellence and Expertise for Apparel, Footwear, and Textiles of U.S. Customs and Border Protection. (3) Commissioner The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection. (4) Dedicated The term dedicated means, with respect to an import specialist, that such import specialist focuses solely on the import of textile or apparel articles. (5) Enter; entry The terms enter and entry refer to the entry, or withdrawal from warehouse for consumption, of a textile or apparel article in the customs territory of the United States. (6) Importer The term importer means one of the parties qualifying as an importer of record under section 484(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1484(a)(2)(B) ). (7) New importer The term new importer means an importer with fewer than 3 years of history of importing textile or apparel articles into the United States. For purposes of this paragraph, a new importer that merges with or is purchased by another importer, or is otherwise altered, shall be considered to remain a new importer until such time as such new importer presents proof to the Commissioner of such merger, purchase, or other alteration for a determination regarding whether such new importer may be treated as an importer. (8) Nonresident importer The term nonresident importer means an importer who is— (A) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or (B) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States. (9) Special operations The term special operations means an initiative that is— (A) implemented to address specific instances of transactions that do not comply with the customs and trade laws of the United States with respect to textile or apparel articles; (B) used to address any import violations involving textile or apparel articles, including fraud, quota requirements, revenue collection, trade preferences or requirements under free trade agreements, product safety, antidumping and countervailing duties, or intellectual property rights; or (C) initiated to address a singular instance or a pattern of high-risk behavior, involving a particular commodity or other trade issue, including valuation, origin fraud, or trade preference violation, on the part of a country, importer, shipper, exporter, customs broker, freight forwarder, or manufacturer. (10) TTA The term TTA means the Textile and Trade Agreements division of the Office of International Trade within U.S. Customs and Border Protection. (11) TPVTs The term TPVTs means Textile Product Verification Teams. (12) Trained The term trained means, with respect to an import specialist, that such import specialist has received, at least during the last 3 years, education or training related to the import of textile or apparel articles. 4. Findings Congress finds the following: (1) The fraudulent or illegal imports of textile and apparel articles into the United States results in significant revenue loss to the Department of the Treasury. (2) The Textile and Trade Agreements division of the Office of International Trade within U.S. Customs and Border Protection or any subsequent division has, with respect to textile or apparel articles, the primary responsibility to ensure the proper enforcement of all customs and trade laws, rules, and regulations affecting textile and apparel articles. (3) The TTA has the authority to direct the implementation and enforcement of free trade agreements, multilateral agreements, bilateral textile agreements, trade preference programs, and all other customs and trade laws affecting textiles and apparel articles. (4) The primary focus of the TTA is to ensure the effective implementation of all trade enforcement activities involving textile or apparel articles with its principle focus to prevent circumvention of the requirements to obtain preferential trade treatment under free trade agreements and trade preference programs in order to avoid quotas or duties. 5. Sense of Congress It is the sense of Congress that— (1) U.S. Customs and Border Protection and the TTA should be involved in supporting the negotiation of enforcement provisions of trade preference programs and free trade agreements affecting textiles and apparel articles; (2) the TTA should conduct outreach to other Federal departments and agencies involved in overall trade policy, such as Department of Commerce and the Office of the United States Trade Representative; (3) the TTA should develop policies and procedures that provide guidance to the CEE and to the ports of entry of the textile and apparel articles, including training of officials of U.S. Customs and Border Protection; (4) officials of the TTA should coordinate and collaborate with officials of the CEE to establish enforcement priorities, based on risk assessments, and a national enforcement response; (5) the TTA headquarters office is currently below its optimal staffing levels and the TTA personnel efforts should be targeted at retaining senior staff and hiring new qualified personnel so that the division is brought up to optimal staffing levels, and these positions should be designated as not only policy positions, but enforcement positions as well; (6) the TTA should implement special operations, Textile Product Verification Teams, and other actions under U.S. Customs and Border Protection authority to ensure enforcement of customs and trade laws relating to imports of textile or apparel articles in a timely manner as concerns arise, particularly as such concerns relate to enforcement of the North American Free Trade Agreement, the Dominican Republic-Central America-United States Free Trade Agreement, and all other free trade agreements and trade preference programs, in order to prevent transshipments and origin fraud; (7) the TTA officials should coordinate and collaborate with foreign government counterparts to ensure effective enforcement of textile and apparel articles; and (8) U.S. Customs and Border Protection should ensure that seizures, detentions, special operations, and TPVTs remain the primary focus of its enforcement efforts relating to textile and apparel articles. I Additional authorities for U.S. Customs and Border Protection 101. Seizure and forfeiture of certain textile or apparel articles and use of amounts from fines, penalties, and forfeitures (a) Seizure and forfeiture (1) In general The following textile or apparel articles shall be subject to seizure and forfeiture in accordance with the customs and trade laws of the United States and title 18, United States Code: (A) Any textile or apparel article imported into the United States— (i) for which a trade preference has been claimed; and (ii) that has been either misdescribed on entry as to country of origin or for which the importer does not verify actual country of origin, for purposes of avoiding a duty or other obligation to the United States Government, including— (I) any textile or apparel article accompanied by documentation that indicates a false or fraudulent country of origin or source of textile or apparel articles; and (II) any textile or apparel article accompanied by a counterfeit visa, license, permit, bill of lading, or similar documentation that is subsequently used by the importer for entry of textile or apparel articles. (B) A textile or apparel article imported into the United States by an importer who provides false information with respect to the physical address of the importer or who does not meet the requirements of section 484(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1484(a)(2)(B) ). (2) Exception A clerical error shall not be considered a violation of paragraph (1) unless such error is part of a pattern of negligent conduct. (b) Use of amounts from fines, penalties, and forfeitures (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security, the Commissioner, or the Secretary of the Treasury— (A) shall use amounts from fines, penalties, and forfeitures of property for violations of any law regarding the import of textile or apparel articles enforced by the Secretary of Homeland Security or the Secretary of the Treasury to pay for— (i) expenses directly related to special operations, TPVTs, and other enforcement actions; (ii) expenses related to training and education for applicable revenue positions, including import specialists, international trade specialists, and auditors who participate in the enforcement of the customs and trade laws of the United States with respect to the export or import of textile or apparel articles; and (iii) implementation of the provisions of this Act; and (B) may use amounts from fines, penalties, and forfeitures of property for violations of any law regarding the import of textile or apparel articles enforced by the Secretary of Homeland Security, the Commissioner, or the Secretary of the Treasury to pay for a reward of not less than 20 percent of the amount of the fine or penalty collected, or the value of the property forfeited, or $20,000, whichever is the lesser amount, to any person who furnishes information that leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any law regarding the import of textile or apparel articles enforced by the Secretary of Homeland Security, the Commissioner, or the Secretary of the Treasury. (2) Rule of construction Amounts described in paragraph (1) and used to pay for expenses described in subparagraph (A) of that paragraph or a reward described in subparagraph (B) of that paragraph are in addition to amounts otherwise available for such purposes. 102. Increase in certain TTA positions and import specialist positions and biennial review of staff levels (a) Increase in certain TTA positions Not later than 180 days of the date of the enactment of this Act, the Commissioner shall ensure that— (1) the Textile Enforcement Branch (or any successor or related branch) of the TTA shall consist of, at a minimum, one branch chief and 6 operations staff, of whom 3 operations staff shall be assigned to one of the CAFTA–DR countries for purposes of assisting U.S. Customs and Border Protection with verification of textile and apparel preferences claimed under the Dominican Republic-Central America-United States Free Trade Agreement; (2) the Textile Policy Branch (or any successor or related division) of the TTA shall consist of, at a minimum, one division chief and 3 operations staff, and 2 textile trade analysts; and (3) the Quota Branch (or any successor or related branch of the Interagency Collaboration Division) of the TTA shall consist of, at a minimum, one branch chief and 4 operations staff. (b) Increase in textile and apparel trained import specialists As soon as practicable after the date of the enactment of this Act, the Commissioner shall certify, with respect to the 15 largest (by value of entries) United States ports of entry for textile or apparel articles, that import specialists who are assigned to such ports of entry are trained in fraud, trade preference verification, classification, undervaluation, or other issues relating to imports of textile or apparel articles so that the number of such trained import specialist positions is not less than 150 percent of the number of trained import specialist positions as of the date of the enactment of this Act. (c) Increase in dedicated textile and apparel import specialists As soon as practicable after the date of the enactment of this Act, the Commissioner shall increase dedicated textile and import specialists by 25 percent at the 15 largest (by value of entries) United States ports of entry for textile or apparel articles over the number of such specialists as of the date of the enactment of this Act. (d) Biennial review of staff levels Not later than one year after the date of the enactment of this Act, and every 2 years thereafter, the Commissioner shall submit to the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives, the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate, and the co-chairs of the Congressional Textile Caucus a report on the staffing levels specified in this section, including a determination of whether or not there is need for additional staff to carry out the duties of the TTA. II Amendments to the Tariff Act of 1930 201. Special provisions regarding certain violations relating to import documentation (a) Publication of names of certain violators Section 592A(a)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1592a(a)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking is authorized to and inserting shall ; and (2) in subparagraph (A), by inserting before the comma at the end the following: , including for violations of quotas, duties, or trade preference programs . (b) List of high-Risk countries Section 592A(b)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1592a(b)(1) ) is amended, in the first sentence— (1) by striking is authorized to and inserting shall ; and (2) by inserting or duties or violate trade preference programs after quotas . 202. Electronic preference verification system for origin of textile or apparel articles under CAFTA–DR, NAFTA, and other free trade agreements (a) Establishment Not later than 180 days after the date of the enactment of this Act, the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, shall establish an electronic verification system for tracking textile or apparel articles imported or exported under the Dominican Republic-Central America-United States Free Trade Agreement, the North American Free Trade Agreement, or any other free trade agreement to which the United States is a party, to ensure compliance with the respective requirements of such agreements. (b) Implementation The President shall seek to enter into consultations and agreements, as appropriate, with the government of each foreign country that is a party to an agreement referred to in subsection (a) for purposes of implementing the electronic verification system established under that subsection. (c) Confidentiality The electronic verification system established under subsection (a) shall ensure that proprietary information, such as information about supply chain participants, is coded so that only U.S. Customs and Border Protection and Office of Textiles and Apparel personnel can access the information. (d) Sense of Congress It is the sense of Congress that the President should seek to make the integration of the electronic verification system established under subsection (a) in future free trade agreements a priority in negotiations for such agreements. 203. Establishment of textile and apparel new importer program (a) In general Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a new importer program that directs U.S. Customs and Border Protection to adjust bond amounts for new importers of textile and apparel articles based on the level of risk with respect to protection of the revenue of the Federal Government presented by each new importer. (b) Requirements The Commissioner shall ensure that, as part of the new importer program established under subsection (a), U.S. Customs and Border Protection— (1) develops risk assessment guidelines for new importers of textile and apparel articles; (2) adjusts bond amounts for new importers in accordance with the risk assessment guidelines developed under paragraph (1); (3) maintains a centralized database of new importers; and (4) ensures accuracy of required information provided to U.S. Customs and Border Protection by new importers. (c) Bonding authority Section 623(b) of the Tariff Act of 1930 ( 19 U.S.C. 1623(b) ) is amended by adding at the end the following new paragraph: (5) In the case of importation of textile or apparel articles, by regulation or specific instruction require, or authorize U.S. Customs and Border Protection officers to require, the amount of the bond to include amounts equal to any duties, fees, or penalties estimated to be payable on such articles. For purposes of this paragraph, amounts equal to any penalties estimated to be payable on such articles shall be based on a risk assessment of the new importer carried out in accordance with section 203 of the Textile Security and Enforcement Act of 2013. Any person who violates a requirement imposed pursuant to this paragraph shall be liable for a civil penalty of $50,000 for each such violation. . (d) Other penalties In addition to the penalties specified in paragraph (5) of section 623(b) of the Tariff Act of 1930 ( 19 U.S.C. 1623(b) ), as added by subsection (c) of this section, for a violation of such paragraph, any person who violates any other customs or trade law of the United States with respect to the importation of textile or apparel articles shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture that may be imposed under such customs or trade law, including section 592 of the Tariff Act of 1930 ( 19 U.S.C. 1592 ). 204. Nonresident importer declaration program for textile or apparel articles (a) Establishment of program Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish and maintain a nonresident importer declaration program with respect to the importation of textile or apparel articles. The program shall require nonresident importers of textile or apparel articles to provide the information required under subsection (b) and declare the information required under subsection (c), and require that such information accompany the entry summary documentation for such textile or apparel articles. (b) Information required The Commissioner shall require the following information to be submitted by any nonresident importer seeking to import textile or apparel articles: (1) An identification of a resident agent in the State in which the port of entry is located who is authorized to accept service of process against the nonresident importer in connection with the importation of the textile or apparel articles. (2) A certification that the resident agent described in paragraph (1) has assets in the United States in sufficient amounts for the purpose of ensuring the payment of any additional loss of revenue not covered by any surety bond or for any civil penalties levied by the Federal Government in connection with the importation of the textile or apparel articles. (3) A copy of the commercial invoice accompanying the shipment of the textile or apparel articles, including the name, address, and contact information for each person in the transaction, such as the trading house, the freight forwarder, and the ultimate purchaser of the goods. (c) Declarations required Pursuant to procedures prescribed by the Commissioner, any nonresident importer seeking to import textile or apparel articles shall declare the following: (1) The nonresident importer has secured a bond in connection with the importation of the textile or apparel articles as required by paragraph (5) of section 623(b) of the Tariff Act of 1930 ( 19 U.S.C. 1623(b) ) (as added by section 203(c) of this Act). (2) The nonresident importer has established a power of attorney in connection with the importation of the textile or apparel articles. (d) Authority A resident agent under this section shall accept service of process on behalf of the nonresident importer of such agent for the purpose of duties, penalties, or other fines issued by the Secretary of Homeland Security or the Commissioner if the Secretary or the Commissioner is unable to collect duties, penalties, or other fines from such nonresident importer. (e) Penalties (1) In general It shall be unlawful for any person to import into the United States any textile or apparel article in violation of this section. (2) Civil penalties Any person who violates paragraph (1) shall be liable for a civil penalty of $50,000 for each such violation. (3) Other penalties In addition to the penalties specified in paragraph (2), any violation of this section that violates any other customs or trade law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such customs or trade law or title 18, United States Code, with respect to the importation of textile or apparel articles. III Establishment of textile and apparel manufacturing and supplier registry 301. Establishment of textile and apparel manufacturing and supplier registry Not later than 180 days after the date of the enactment of this Act, the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, shall establish an electronic Textile and Apparel Manufacturing Supplier Registry pilot program to serve as a centralized database of United States producers and manufacturers of thread, yarn, fabric, and apparel that supply products to companies in the United States, countries that are parties to the North American Free Trade Agreement, the Dominican Republic-Central America-United States Free Trade Agreement, and other free trade agreements or eligible for preference programs for countries in the Western Hemisphere. IV Implementation report 401. Implementation report Not later than one year after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives, the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate, and the co-chairs of the Congressional Textile Caucus a report on the implementation of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3558ih/xml/BILLS-113hr3558ih.xml
113-hr-3559	I 113th CONGRESS 1st Session H. R. 3559 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Honda (for himself and Mr. Lankford ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish a program to accelerate entrepreneurship and innovation by partnering world-class entrepreneurs with Federal agencies. 1. Short title This Act may be cited as the Entrepreneur-in-Residence Act of 2013 . 2. Definitions For purposes of this Act— (1) the term Director means the Director of the Office of Personnel Management; (2) the term program means the Federal entrepreneur-in-residence program established under section 3(a); (3) the term entrepreneur-in-residence means an individual appointed to a position under the program; and (4) the term agency means an Executive agency, as defined in section 105 of title 5, United States Code. 3. Federal entrepreneur-in-residence program (a) Program established The Director, in consultation with the Administrator of the Small Business Administration and the Secretary of Commerce, shall establish a Federal entrepreneur-in-residence program under which the Director, with the concurrence of the head of an agency, may appoint an entrepreneur-in-residence to a position in the excepted service in the agency to carry out the duties described in subsection (d). (b) Mission of program The mission of the program shall be to— (1) provide for better outreach by the Federal Government to the private sector; (2) strengthen coordination and interaction between the Federal Government and the private sector on issues relevant to entrepreneurs and business concerns; and (3) make Federal programs simpler, quicker, more efficient, and more responsive to the needs of business concerns and entrepreneurs. (c) Appointments (1) In general The Director— (A) shall appoint entrepreneurs-in-residence under the program during each year; and (B) may not appoint more than 10 entrepreneurs-in-residence during any year. (2) Selection The Director shall select entrepreneurs-in-residence from among individuals who— (A) are successful in their field; (B) have demonstrated success in working with business concerns and entrepreneurs; or (C) have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Placement In appointing entrepreneurs-in-residence, the Director shall— (A) give priority to placing entrepreneurs-in-residence across the Federal Government at separate agencies; and (B) to the extent practicable, not appoint more than 2 entrepreneurs-in-residence to positions in the same agency during the same year. (4) Terms of appointment An entrepreneur-in-residence— (A) shall be a full-time employee of the agency to which the entrepreneur-in-residence is appointed; and (B) may not serve as an entrepreneur-in-residence for more than a period of 2 years. (d) Duties An entrepreneur-in-residence shall— (1) assist Federal agencies in improving outreach to business concerns and entrepreneurs; (2) provide recommendations to the head of the agency employing the entrepreneur-in-residence on inefficient or duplicative programs, if any, at the agency; (3) provide recommendations to the head of the agency employing the entrepreneur-in-residence on methods to improve program efficiency at the agency or new initiatives, if any, that may be instituted at the agency; (4) facilitate meetings and forums to educate business concerns and entrepreneurs on programs or initiatives of the agency employing the entrepreneur-in-residence; (5) facilitate in-service sessions with employees of the agency employing the entrepreneur-in-residence on issues of concern to business concerns and entrepreneurs; and (6) provide technical assistance or mentorship to business concerns and entrepreneurs in accessing programs at the agency employing the entrepreneur-in-residence. (e) Compensation An entrepreneur-in-residence shall be compensated at the rate of $1 a year. (f) Reporting An entrepreneur-in-residence shall report directly to the head of the agency employing the entrepreneur-in-residence. (g) Authority To establish working group The Director may establish an informal working group of entrepreneurs-in-residence to allow for entrepreneurs-in-residence to meet to discuss best practices, experiences, and recommendations in order to create an informal knowledge base for current and future entrepreneurs-in-residence. (h) Termination The Director may not appoint an entrepreneur-in-residence under this section after September 30, 2017.	https://www.govinfo.gov/content/pkg/BILLS-113hr3559ih/xml/BILLS-113hr3559ih.xml
113-hr-3560	I 113th CONGRESS 1st Session H. R. 3560 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Horsford (for himself, Mr. Conyers , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To mandate the basic educational, regulatory, and management actions necessary for the prevention of racial profiling practices by law enforcement. 1. Short title; table of contents (a) Short title This Act may be cited as the Universal Racial Profiling Elimination Standards, and Procedures for Effective Constitutional Rights Training Act or the Universal RESPECT Act . (b) Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—PROHIBITION OF RACIAL PROFILING AND REVIEW OF FEDERAL PRACTICES IN LAW ENFORCEMENT Sec. 101. Prohibition. Sec. 102. Review of Federal practices in law enforcement. Title II—LAW ENFORCEMENT EDUCATION REFORMS Sec. 201. The Federal Law Enforcement Training Center. Sec. 202. The Federal Law Enforcement Training Accreditation Board. Sec. 203. State law enforcement officer standards and training authorities. Title III—PROHIBITION ON RACIAL PROFILING Sec. 301. Recipients of Department of Homeland Security grants for law enforcement. Title IV—LAW ENFORCEMENT RACIAL PROFILING REVIEW, OVERSIGHT, AND REVIEW Sec. 401. Officer for civil rights and civil liberties. Sec. 402. Enforcement—civil rights compliance. Title V— DATA COLLECTION AND REPORTING Sec. 501. Data collection. Sec. 502. Reporting to Congress. Title VI—CONSTRUCTION, SEVERABILITY, AND EFFECTIVE DATE Sec. 601. Construction; severability. Sec. 602. Effective date. Title VII—DEFINITIONS Sec. 701. Definitions. I PROHIBITION OF RACIAL PROFILING AND REVIEW OF FEDERAL PRACTICES IN LAW ENFORCEMENT 101. Prohibition No Federal law enforcement agent shall engage in racial profiling. 102. Review of Federal practices in law enforcement (a) In general Not later than 1 year after the date of enactment of this Act— (1) the Attorney General shall review all applicable law enforcement policies and procedures to ensure that they are sufficient to eliminate the practice of racial profiling as defined in this Act, while performing official law enforcement duties; and (2) the Secretary of Homeland Security shall ensure that no recipient of covered Federal law enforcement assistance, as defined in title VII of this Act, engages in racial profiling. (b) The Advisory Board The Attorney General shall conduct the review in consultation with an Advisory Board comprised of stakeholders including representatives from Federal, State, and local law enforcement agencies, POST Commissions, law enforcement labor organizations, and professional, research, and civil rights and civil liberty organizations. (c) Updates published The Attorney General or Secretary of Homeland Security may publish in the Federal Register updates to covered programs in accordance with this Act. II LAW ENFORCEMENT EDUCATION REFORMS 201. The Federal Law Enforcement Training Center Not later than 2 years after the enactment of this Act, the Secretary of Homeland Security, acting through the Officer for Civil Rights and Civil Liberties and the Director of the Federal Law Enforcement Training Center, shall develop and incorporate any necessary changes to all training, curriculum, and professional certification classes provided by the Federal Law Enforcement Training Center to ensure consistency with the requirements of this Act. 202. The Federal Law Enforcement Training Accreditation Board (a) In general Not later than 2 years after the enactment of this Act, the Secretary of Homeland Security, acting through the Officer for Civil Rights and Civil Liberties and the Director of the Federal Law Enforcement Training Center, and in consultation with the Federal Law Enforcement Training Accreditation Board and the Advisory Board, shall develop and incorporate any necessary changes to all training, curriculum, and professional certification classes to ensure consistency with the requirements of this Act. (b) Model practices The Secretary of Homeland Security, acting through the Director of the Federal Law Enforcement Training Center shall identify, develop, and update as necessary, model practices that prevent racial profiling practices. The Board shall widely disseminate to, and incorporate these practices into the law enforcement community through the Federal Law Enforcement Training Accreditation Model Practice Clearinghouse and other means. (c) Accreditation The Federal Law Enforcement Training Accreditation Board, in consultation with the Officer for Civil Rights and Civil Liberties, shall develop a standard of review of anti-racial profiling components of law enforcement training curricula. The Federal Law Enforcement Training Accreditation Board shall incorporate into the accreditation process a review that shall include at a minimum— (1) the sufficiency of the anti-racial profiling training curriculum; (2) procedures implemented by the applicant to identify racial profiling practices by the applicant, if any; (3) procedures implemented by the applicant to prevent racial profiling practices by the applicant, or its individual agents or officers; (4) the sufficiency of the applicant’s remedial measures and disciplinary guidelines to prevent racial profiling practices; and (5) the capacity of the applicant to collect and maintain civil rights data as defined by title VII of this Act. (d) Denial The Board shall deny accreditation or reaccreditation to academies, programs, and instructors not meeting the Federal Law Enforcement Training Accreditation Board’s standards prepared under subsection (c). 203. State law enforcement officer standards and training authorities (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Office for State and Local Government Coordination established under Section 361 of the Homeland Security Act of 2002 ( 6 U.S.C. 361 ) and the Officer for Civil Rights and Civil Liberties shall review the Peace Officer Standards and Training or equivalent program of the States, as defined in title VII of this Act, to assess the anti-racial profiling education component of these curricula. The Secretary shall notify States of deficiencies in the curriculum that do not meet the minimum anti-racial profiling standards developed by the Federal Law Enforcement Training Accreditation Board. (b) Assistance The Secretary of Homeland Security shall make available to the States assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards. III PROHIBITION ON RACIAL PROFILING 301. Recipients of Department of Homeland Security grants for law enforcement (a) In general Section 603 of the Homeland Security Act of 2002 ( 6 U.S.C. 603 ) is amended by inserting after subsection (a) the following: (b) State, local, and tribal government recipients of grants under sections 604 through 607 of this title shall certify that they do not engage in racial profiling. . (b) In general The Secretary of Homeland Security, acting through the Officer for Civil Rights and Civil Liberties and the Federal Law Enforcement Training Center, shall develop guidance, outreach, training, and programs that include civil rights and civil liberties training, in particular those designed to prevent racial profiling. (c) Training Not later than one year after the date of enactment of this subtitle, the Secretary of Homeland Security, acting through Department officials, shall develop and distribute to State, local, and tribal authorities, courses and materials that comply with the Grant Programs Directorate Information Bulletin No. 373 or successor bulletin for integration into the curricula for recruits and recurrent training for experienced law enforcement officers. (d) Grant Preapproval Beginning with grants provided for fiscal year 2014, grant guidance for grants under sections 604 through 607 of the Homeland Security Act of 2002 shall inform recipients that expenditures on any training, programs, presentations, and speakers that are acquired from an entity other than the Department, must be approved, in advance, by the Chief Privacy Officer and the Office for Civil Rights and Civil Liberties. (e) Assistance The Secretary of Homeland Security shall make available to the States assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards. IV LAW ENFORCEMENT RACIAL PROFILING REVIEW, OVERSIGHT, AND REVIEW 401. Officer for civil rights and civil liberties (a) In general The Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall be granted primary jurisdiction over all matters relating to the review, implementation, and oversight of the requirements of this Act. (b) Investigation of complaints Section 705 of the Homeland Security Act of 2002 ( 6 U.S.C. 705 ) is amended— (1) in subsection (a), by striking paragraph (6) and inserting the following: (6) investigate complaints and information indicating possible abuses of civil rights or civil liberties by employees and officials of the Department or that are related to Departmental activities unless the Inspector General of the Department determines that such a complaint or such information should be investigated by the Inspector General and, using the information gained by such investigations, make recommendations to the Secretary and directorates, offices, and other components of the Department for improvements in policy, supervision, training, and practice related to civil rights or civil liberties, or for the relevant office to review the matter and take appropriate disciplinary or other action; and (7) review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by law enforcement agencies receiving grants or assistance from the Department of Homeland Security. ; (2) by redesignating subsection (b) as subsection (e); and (3) by inserting after subsection (a) the following: (b) Investigation of complaints The head of each directorate, office, or component of the Department and the head of any other executive agency shall ensure that the directorate, office, or component provides the Officer for Civil Rights and Civil Liberties with speedy access, and in no event later than 30 days after the date on which the directorate, office, or component receives a request from the Officer, to any information determined by the Officer to be relevant to the exercise of the duties and responsibilities under subsection (a) or to any investigation carried out under this section, whether by providing relevant documents or access to facilities or personnel. (c) Subpoenas (1) In general In carrying out the duties and responsibilities under subsection (a) or as part of an investigation carried out under this section, the Officer for Civil Rights and Civil Liberties may require by subpoena access to— (A) any institution or entity outside of the Federal Government that is the subject of or related to an investigation under this section; and (B) any individual, document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording or other media, or quality assurance report relating to any institution or entity outside of the Federal Government that is the subject of or related to an investigation under this section. (2) Issuance and service A subpoena issued under this subsection shall— (A) bear the signature of the Officer for Civil Rights and Civil Liberties; and (B) be served by any person or class of persons designated by the Officer or an officer or employee designated for that purpose. (3) Enforcement In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the institution, entity, or individual is located may issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as contempt of that court. (4) Use of information Any material obtained under a subpoena issued under this subsection— (A) may not be used for any purpose other than a purpose set forth in subsection (a); (B) may not be transmitted by or within the Department for any purpose other than a purpose set forth in subsection (a); and (C) shall be redacted, obscured, or otherwise altered if used in any publicly available manner to the extent necessary to prevent the disclosure of any personally identifiable information. . 402. Enforcement—civil rights compliance (a) The Officer for Civil Rights and Civil Liberties The Officer for Civil Rights and Civil Liberties may— (1) request the assistance of the Inspector General to investigate compliance with civil rights protection standards and complaints of racial profiling by law enforcement agencies in contravention of the requirements of this Act; (2) suspend the eligibility of State, local or tribal law enforcement agency to receive, or revoke grants for violations of the requirements of this Act, until such time that the practices of the agency are brought into compliance with this Act; and (3) suspend the eligibility of State, local or tribal law enforcement agency to receive training at Federal law enforcement training facilities for violations of the requirements of this Act, until such time that the practices of the agency are brought into compliance with this Act. (b) Remedy The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. (c) Parties In any action brought under this title, relief may be obtained against— (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and (3) any person with supervisory authority over such agent. (d) Nature of proof Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities shall constitute prima facie evidence of a violation of this title. (e) Attorney’s fees In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. V DATA COLLECTION AND REPORTING 501. Data collection (a) Data collection by law enforcement entities Law enforcement entities receiving grants or training from the Department of Homeland Security shall— (1) collect data on all routine or spontaneous investigatory activities; (2) provide that the data collected shall— (A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and (D) not include personally identifiable information; (3) utilize a standardized form, developed in coordination with the Department of Justice, that shall be made available to law enforcement agencies for the submission of collected data; (4) compile data on the standardized form made available under paragraph (3), and submit the form to the Officer for Civil Rights and Civil Liberties; (5) maintain all data collected under this Act for not less than 4 years; and (6) protect the privacy of individuals whose data is collected by— (A) limiting the use and disclosure of the data collected under this Act to the purposes set forth in this Act; (B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; (C) requiring contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act. (b) Data Collection by the Officer for Civil Rights and Civil Liberties The Officer for Civil Rights and Civil Liberties shall receive and maintain data from the States on— (1) the implementation of racial profiling education curricula in State Peace Officer Standards and Training or equivalent State-level program peace officer certification; (2) the adoption rate by State Peace Officer Standards and Training programs, of the Federal Law Enforcement Training Accreditation Board model practices on racial profiling; (3) the number of credible complaints of improper racial profiling practices filed against State law enforcement entities, as collected under section 301(c)(3); (4) the disposition of complaints of improper racial profiling practices filed against State law enforcement entities, as collected under section 301(c)(3); (5) the disciplinary action by State law enforcement entities against officers and agents adjudicated guilty of improper racial profiling practices, as collected under section 301(c)(3); and (6) other relevant data submitted to other agencies. 502. Reporting to Congress Section 345 of the Homeland Security Act of 2002 ( 6 U.S.C. 345 ) is amended in subsection (b), by inserting the following: The report shall include a section related to the enforcement of the Universal RESPECT Act. . VI CONSTRUCTION, SEVERABILITY, AND EFFECTIVE DATE 601. Construction; severability If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or circumstance shall not be affected. 602. Effective date This Act shall take effect 1 year after the date of enactment. VII DEFINITIONS 701. Definitions In this Act: (1) Racial profiling The term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, gender, or religion in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person of a particular race, ethnicity, national origin, gender, or religion to an identified criminal incident or scheme. (2) Routine or spontaneous investigatory activities The term routine or spontaneous investigatory activities means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters about which statistical information is compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics. (3) Secretary The term Secretary means the Secretary of the Department of Homeland Security. (4) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (5) Federal law enforcement assistance The term Federal law enforcement assistance means grants, infrastructure development, endowments, or training provided by the Federal Government to State, local, or Indian tribal law enforcement entities, as determined by the Secretary. (6) Law enforcement entity The term law enforcement entity means any Federal, State, local, or Indian tribal public agency or department engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (7) Law enforcement agent The term law enforcement agent means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (8) Covered programs The term covered programs means any grant issued under sections 604 through 607 of the Homeland Security Act of 2002, or training at any Federal law enforcement training facility under the jurisdiction of the Department of Homeland Security. (9) Peace officer standards and training The term State Peace Officer Standards and Training or POST means all training or certification required for licensure of State and local law enforcement officers within a State. The term shall be used synonymously with State programs of differing names.	https://www.govinfo.gov/content/pkg/BILLS-113hr3560ih/xml/BILLS-113hr3560ih.xml
113-hr-3561	I 113th CONGRESS 1st Session H. R. 3561 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit Department of State approval for the Russian space agency to build or operate a ground monitoring station in the United States unless such station does not raise counterintelligence or other national security concerns. 1. Short title This Act may be cited as the Prevent Russian Infiltration Act of 2013 . 2. Conditional prohibition on building or operating a Russian space agency ground monitoring station in the United States The Secretary of State may not approve a request by the Russian space agency, Roscosmos, to build or operate a ground monitoring station in the United States, including in any territory or possession of the United States, until the Secretary of State, the Secretary of Defense, and the Director of National Intelligence jointly certify to Congress that any such proposed station does not raise counterintelligence or other national security concerns.	https://www.govinfo.gov/content/pkg/BILLS-113hr3561ih/xml/BILLS-113hr3561ih.xml
113-hr-3562	I 113th CONGRESS 1st Session H. R. 3562 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Energy and Commerce and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the application of all laws, including the Patient Protection and Affordable Care Act, to the Federal Government and Congress, and for other purposes. 1. Short title This Act may be cited as the Fairness in Obamacare Act of 2013 . 2. Application of general laws to Executive Branch and Congress Congress and the Executive Branch are expressly and equally bound by any Federal law which is intended to be broadly enforced upon the American people. 3. Moving the President, Vice President, and appointed Federal workers into Exchange plans (a) In general Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) in the heading, by inserting and the President, Vice President, and appointed Federal workers after Members of Congress ; (2) in clause (i)— (A) by striking and congressional staff and inserting , congressional staff, and the President, the Vice-President, and appointed Federal workers ; and (B) by striking or congressional staff and inserting , staff member, President, Vice President, or appointed Federal worker ; and (3) by adding at the end of clause (ii) the following new subclause: (III) Appointed Federal worker The term appointed Federal worker means any individual who— (aa) is employed in a position listed in sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of such title; or (cc) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. . (b) Maintaining current FEHBP coverage of annuitants Nothing in the amendments made by subsection (a) shall be construed as affecting the continued coverage of annuitants under health benefits plans under chapter 89 of title 5, United States Code, as in effect as of the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3562ih/xml/BILLS-113hr3562ih.xml
113-hr-3563	I 113th CONGRESS 1st Session H. R. 3563 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Langevin (for himself, Mr. Blumenauer , Mr. Capuano , Mr. Holt , Mr. McGovern , Mr. Ellison , and Mr. Cicilline ) 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 for a corporate responsibility investment option under the Thrift Savings Plan. 1. Short title This Act may be cited as the Federal Employees Responsible Investment Act . 2. Findings Congress finds the following: (1) The Department of Labor has asserted that socially responsible investments meet the fiduciary standards set in the Employee Retirement Income Security Act. (2) Eighty-four percent of mutual fund investors would be more likely to invest in a fund if one of its principles was to invest in companies that engage in ethical business practices in terms of operations and reporting. (3) Seventy-one percent of investors agree that companies that operate with higher levels of integrity carry less investment risk, and 67 percent of investors believe that these companies deliver better investment returns. (4) The United States National Research Council has established that human activity is largely responsible for recent climate change and threatens significant harm to our Nation’s public health and welfare, security, agriculture and forestry, natural resources, infrastructure, and economy. (5) In 2012, $3,740,000,000,000 was invested in socially responsible funds in the United States. 3. Corporate Responsibility Stock Index Fund (a) Definition Section 8438(a) of title 5, United States Code, is amended— (1) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively; (2) by inserting after paragraph (1) the following: (2) the term Corporate Responsibility Stock Index Fund means the fund established under subsection (b)(1)(G). ; and (3) in paragraph (10), as redesignated by paragraph (1) of this subsection, by striking paragraph (8)(D) each place it appears and inserting paragraph (9)(D) . (b) Establishment (1) In general Section 8438(b)(1) of title 5, United States Code, is amended— (A) in subparagraph (E), by striking and at the end; (B) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (G) a Corporate Responsibility Stock Index Fund as provided under paragraph (6). . (2) Fund requirements Section 8438(b) of title 5, United States Code, is amended by adding at the end the following: (6) (A) (i) The Board shall select a minimum of one index which is a commonly recognized, passively managed index comprised of stocks (from the United States or international equity markets) that have been analyzed and selected based on criteria consistent with the purposes of this paragraph. (ii) The criteria under clause (i) shall at a minimum include— (I) corporate governance; (II) environmental practices (including greenhouse gas emissions and contribution to climate change); (III) workplace relations and benefits; (IV) product safety and impact; (V) international operations and human rights; (VI) involvement with repressive regimes; and (VII) community relations. (iii) The historical performance of each index selected under this subparagraph shall be comparable to that of the other investment funds and options available under this subsection. (B) The Corporate Responsibility Stock Index Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A) (or, if more than one index is selected, the overall average performance). The portfolio shall be designed such that, to the extent practicable, the percentage of the Corporate Responsibility Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index (or indexes). .	https://www.govinfo.gov/content/pkg/BILLS-113hr3563ih/xml/BILLS-113hr3563ih.xml
113-hr-3564	I 113th CONGRESS 1st Session H. R. 3564 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make technical corrections to certain Native American water rights settlements in the State of New Mexico, and for other purposes. 1. Short title This Act may be cited as the New Mexico Native American Water Settlements Technical Corrections Act . 2. Taos Pueblo Indian water rights (a) Taos Pueblo Water Development Fund Section 505(f)(1) of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3125) is amended by inserting , including reconstruction, replacement, rehabilitation, or repair, after construction . (b) Authorizations, ratifications, confirmations, and conditions precedent Section 509(c) of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3128) is amended— (1) in paragraph (1)(A), strike , for the period of fiscal years 2011 through 2016, ; and (2) in paragraph (2)(A)(i), strike for the period of fiscal years 2011 through 2016 . 3. Aamodt litigation settlement (a) Aamodt settlement pueblos' fund Section 615(c)(7) of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3146) is amended— (1) in subparagraph (A)(i), by striking section 617(c)(1) and inserting section 617(c)(1)(A) ; and (2) in subparagraph (B), by striking section 617(c)(1) and inserting section 617(c)(1)(B) . (b) Funding Section 617 of the Aamodt Litigation Settlement Act ( Public Law 111–291 ; 124 Stat. 3146) is amended— (1) in subsection (a)(1)(A), by striking for the period of fiscal years 2011 through 2016, ; and (2) in subsection (c)(1)(A), by striking for the period of fiscal years 2011 through 2015 . 4. Navajo water settlement (a) Definitions Section 10302 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407 note; Public Law 111–11 ) is amended— (1) in paragraph (2), by striking Arrellano and inserting Arellano ; and (2) in paragraph (27), by striking 75–185 and inserting 75–184 . (b) Delivery and use of Navajo-Gallup water supply project water Section 10603(c)(2)(A) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1385) is amended— (1) in clause (i), by striking Article III(c) and inserting Articles III(c) ; and (2) in clause (ii)(II), by striking Article III(c) and inserting Articles III(c) . (c) Project contracts Section 10604(f)(1) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1391) is amended by inserting Project before water . (d) Authorization of appropriations Section 10609 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1395) is amended— (1) in paragraphs (1) and (2) of subsection (b), by striking construction or rehabilitation each place it appears and inserting planning, design, construction, rehabilitation, ; (2) in subsection (e)(1), by striking 2 percent and inserting 4 percent ; and (3) in subsection (f)(1), by striking 4 percent and inserting 2 percent . (e) Agreement Section 10701(e) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1400) is amended in paragraphs (2)(A), (2)(B), and (3)(A) by striking and Contract each place it appears.	https://www.govinfo.gov/content/pkg/BILLS-113hr3564ih/xml/BILLS-113hr3564ih.xml
113-hr-3565	I 113th CONGRESS 1st Session H. R. 3565 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. McKinley (for himself and Ms. DeGette ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Department of Energy Organization Act to establish a biennial commission to develop a comprehensive energy policy for the United States. 1. Short title This Act may be cited as the Biennial Commission on Energy Policy Act of 2013 . 2. Amendment to Department of Energy Organization Act (a) In general Title VIII of the Department of Energy Organization Act ( 42 U.S.C. 7321 ) is amended by striking sections 801 and 802 and inserting the following new sections: 801. Biennial Commission on Energy Policy (a) Establishment There is established a commission to be known as the Biennial Commission on Energy Policy (in this title referred to as the Commission ). (b) Membership (1) Number and appointment The Commission shall be composed of 15 members appointed in the following manner— (A) The President shall appoint 3 members. (B) The Speaker of the House of Representatives shall appoint 3 members. (C) The minority leader of the House of Representatives shall appoint 3 members. (D) The majority leader of the Senate shall appoint 3 members. (E) The minority leader of the Senate shall appoint 3 members. (2) Deadline for appointment Members of the Commission shall be appointed not later 30 days after the first day of the first session of the 114th Congress. (3) Terms Members shall be appointed for a term of 2 years. (4) Consultation The President and Members of Congress specified in paragraph (1) shall consult with each other before appointing members to the Commission to achieve, to the maximum extent practicable, a diversity of experience and expertise in the membership of the Commission. (5) Vacancies Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of that term. (6) Qualifications Each member appointed to the Commission shall have professional experience in 1 or more of the following areas: (A) Governmental service. (B) Energy production. (C) Renewable energy resource development. (D) Energy law. (E) Public administration. (F) Fossil fuel production. (G) Energy efficiency. (H) Environmental policy. (I) Labor. (J) Workplace safety. (K) Commerce and trade. (L) Corporate policies. (M) Infrastructure. (N) Foreign affairs. (7) Political affiliation Not more than 8 members of the Commission shall be affiliated with the same political party. (8) Restriction on government employees No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. (9) Basic pay Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (10) Travel expenses Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (c) Structure of Commission (1) Commencement The Commission shall meet and begin operations not later than 30 days after the date on which all members of the Commission have been appointed. (2) Chairperson; vice chairperson The chairperson and vice chairperson of the Commission shall be selected by the members. (3) Subcommittees Upon majority vote of the members, the Commission may create subcommittees composed of less than the full membership of the Commission to carry out specified duties of the Commission. (4) Quorum Six members of the Commission shall constitute a quorum. (5) Meetings (A) In general After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. (B) Stakeholder meetings The Commission shall conduct a quarterly meeting of stakeholders to assist the Commission in carrying out its duties. The first meeting shall be held not later than 90 days after the date on which all members of the Commission have been appointed. Subsequent meetings shall be held until the Commission submits its final report. (C) Attendance at stakeholder meetings Members shall be encouraged to attend stakeholder meetings held pursuant to subparagraph (B) either in person or via teleconference. 802. Duties and powers of the Commission (a) Duties (1) In general The Commission shall carry out the tasks described in paragraph (2) and make recommendations for legislative and administrative actions to create an integrated and comprehensive energy policy for the United States. (2) Tasks To carry out paragraph (1), the Commission shall— (A) analyze the accessibility, affordability, reliability, resiliency, and sustainability of the energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (B) assess policy options to increase domestic energy supplies and energy efficiency; (C) evaluate energy storage, transmission, and distribution requirements that shall include intermittent energy sources; (D) analyze the prospective role of stakeholders, including academia, industry representatives, the public, Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )), and Federal agencies in creating an integrated and comprehensive energy policy; (E) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; (F) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives; (G) study relevant matters, as determined by the Commission, raised at the stakeholder meetings described in section 801(c)(5)(B); and (H) study other relevant matters as determined by the Commission. (3) Materials studied The Commission shall review materials on energy, including— (A) enacted and proposed Federal and State laws, regulations, policies, and programs; (B) information developed by relevant governmental and nongovernmental agencies, including Federal laboratories; (C) scientific and technical literature and publications; and (D) studies conducted by other entities. (b) Reports (1) Progress reports Not later than July 1 of the first and third year of each Presidential term, the Commission shall submit progress reports to Congress describing the activities of the Commission and a summary of the information gathered pursuant to subsection (a). (2) In general Not later than July 1 of the second and fourth year of each Presidential term, the Commission shall submit to Congress a report that shall include— (A) the findings and conclusions of the Commission based on tasks carried out pursuant to subsection (a)(2); and (B) recommendations for legislative and administrative actions described in subsection (a)(1). (3) Publication Reports submitted pursuant to paragraph (2) shall be made publicly available via a website. (c) Powers (1) Hearings and sessions The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of subcommittees Any subcommittee created pursuant to section 801(c)(3) may, if authorized by the Commission, take any action which the Commission is authorized to take by this title. (3) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. (5) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with government and private agencies or persons for the purpose of carrying out this section, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (6) Obtaining official data The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the chairperson, vice chairperson, or a subcommittee of the Commission, the head of such department or agency shall furnish such information to the Commission. 803. Personnel matters (a) Executive director and staff The chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and not more than five additional staff members. The employment of an executive director shall be subject to confirmation by the Commission. (b) Pay The chairperson of the Commission may fix the compensation of the executive director and staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that an individual appointed under paragraph (1) may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule. (c) Detail of government employees Upon request of the chairperson of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. (d) Procurement of temporary and intermittent services The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. 804. Authorization of appropriations There is authorized to be appropriated $3,000,000 to the Secretary of Energy, without fiscal year limitation, to carry out this title. . (b) Table of contents amendments The table of contents of such Act is amended by striking the items relating to sections 801 and 802 and inserting the following: 801. Biennial Commission on Energy Policy. 802. Duties and powers of the Commission. 803. Personnel matters. 804. Authorization of appropriations. . 3. Effective date The amendments made by this Act shall take effect on the first day of the first session of the 114th Congress.	https://www.govinfo.gov/content/pkg/BILLS-113hr3565ih/xml/BILLS-113hr3565ih.xml
113-hr-3566	I 113th CONGRESS 1st Session H. R. 3566 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Ms. Moore (for herself, Ms. Edwards , and Ms. Kelly of Illinois ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for a grant program regarding firearms. 1. Short title This Act may be cited as the Domestic Violence Criminal Disarmament Act of 2013 . 2. Grant program regarding firearms Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3756(b) ) is amended— (1) by striking 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary ; (2) by inserting before paragraph (1) the following: (1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary— ; (3) by redesignating paragraph (1) as subparagraph (A); (4) in paragraph (2)— (A) by striking the period at the end and inserting ; or ; and (B) by redesignating paragraph (2) as subparagraph (B); and (5) by adding at the end the following: (2) 1 or more States, if that State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that— (A) impose restrictions and penalties substantially similar to or more comprehensive than those in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 of title 18, United States Code; (B) require that State and local courts— (i) consider whether an individual being prosecuted for a crime for which the restrictions described in paragraph (1) apply possesses firearms that— (I) have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim’s child; or (II) may otherwise pose a danger to the victim and the victim’s child; (ii) consider whether an individual who is subject to any other protection order as defined by section 2266(s) of title 18, United States Code, or who is subject to any other protection order for which the restrictions described in paragraph (1) do not ordinarily apply possesses firearms that— (I) have been or are likely to be used to threaten, harass, menace, or harm the victim; or (II) may otherwise pose a danger to the victims; and (iii) order the seizure or surrender of firearms and ammunition from individuals subject to the restrictions described in paragraph (1) or any of the findings specified in clause (i) or (ii) of subparagraph (A) or clause (i) or (ii) of subparagraph (B); (C) are designed to ensure that State or local law enforcement execute the seizure or surrender of firearms and ammunition authorized in paragraph (2)(C) when a person subject to a protection order or a person being prosecuted for or convicted of a crime for which the restrictions described in paragraph (1) apply is reported to possess firearms and the firearms are obtained or possessed illegally; (D) provide for the seizure or surrender of firearms and ammunition described in paragraph (2)(C) and return of such firearms and ammunition in a manner that protects the safety of persons victimized by individuals who are subject to protection orders or charged or convicted of a crime for which the restrictions described in paragraph (1) apply; and (E) give State and local law enforcement the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3566ih/xml/BILLS-113hr3566ih.xml
113-hr-3567	I 113th CONGRESS 1st Session H. R. 3567 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Schrader (for himself and Mr. Ribble ) 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 additional coverage options for beneficiaries under the original Medicare fee-for-service program through a Medicare Link program. 1. Short title This Act may be cited as the Medicare Link Act of 2013 . 2. Establishment of Medicare Link program (a) In general Title XVIII of the Social Security Act is amended by adding after section 1899A ( 42 U.S.C. 1395kkk ) the following new section: 1899B. Medicare Link program option (a) In general The Secretary shall establish under this section a program (to be known as the Medicare Link Program and in this section referred to as the Program ) through which individuals who are entitled to enroll in a Medicare Advantage plan under part C but who are not enrolled in such a plan under such part are eligible to enroll with a Medicare Link contractor under this section. (b) Enrollment; disenrollment The Secretary shall establish a process for the enrollment (and disenrollment) of eligible individuals with Medicare Link contractors under the Program which process shall be, to the maximum extent practicable, the same as (and coordinated with) the process for enrollment (and disenrollment) of individuals in Medicare Advantage plans under part C. (c) Qualification of contractors; awarding of contracts (1) In general In this section, the term Medicare Link contractor means a nongovernmental entity, that may be a Medicare Advantage organization, health plan, health insurance issuer, medicare administrative contractor, or other qualified third-party entity, that has entered into a contract with the Secretary with respect to one or more Medicare Link regions (as specified by the Secretary under paragraph (3)) for the offering of Medicare Link services (described in subsection (d)) to individuals residing in the region who enroll with the contractor under the Program. (2) Limitation; requirements For each such Medicare Link region, the Secretary shall select (and contract with) at least 1, and not more than 3, Medicare Link contractors for the offering of plans (in this section referred to as Medicare Link plans ) under this section. The Secretary shall seek to contract with at least 2 Medicare Link contractors within each Medicare Link region. A contract with a Medicare Link contractor may cover a multi-year period. (3) Specification of Medicare Link regions The Secretary shall define and specify Medicare Link regions (each in this section referred to as a Medicare Link region ) that, across all such regions, encompass all 50 States, the District of Columbia, and the territories. (4) Qualification of contractors The Secretary shall establish uniform qualifications for Medicare Link contractors based on their experience and qualifications to offer Medicare Link plans under this section and to provide additional services to individuals enrolled under such plans under this section and to provide for reduced expenditures under parts A and B. Contracts with Medicare Link contractors under this section shall be for periods similar to the contracts with MA organizations under part C and shall contain such terms and conditions as the Secretary shall specify. (5) Contracting authority Nothing in this section shall be construed as preventing a Medicare Link contractor from contracting with other entities in carrying out activities under this section, including the offering of Medicare Link plans under this section. (6) Bidding process In selecting Medicare Link contractors, the Secretary shall establish a bidding process similar to the process of bidding by medicare administrative contractors under section 1874A. (7) Contractor payments Medicare Link contractors with contracts under this section shall be paid, on a monthly basis, a per enrollee monthly service fee for the provision of services under the contract consistent with the provisions of paragraph (8). A portion of such fee (not to exceed 5 percent) may be subject to adjustment based on a contractor’s performance on financial and quality benchmarks based upon pre-established measures specified by the Secretary. (8) Requirement for federal savings under contract (A) In general Before entering into or renewing a contract with a Medicare Link contractor, the Secretary must determine (and the Chief Actuary of the Centers for Medicare & Medicaid Services must certify) that the terms of the contract are expected to yield average, net savings to the Medicare program under this title of not less than 5 percent per program enrollee in the Medicare Link region covered under the contract. (B) Computation Such savings shall be computed taking into account all effects on spending under this title, including any reductions in premiums and cost sharing or other incentives for enrollees under subsection (d), payments to Medicare Link contractors under the contract, and reductions in payments to medicare administrative contractors that would otherwise have been made under section 1874A. (C) Payments based on shared savings, adjusted for quality The contract shall be structured in a manner so that— (i) subject to clause (ii), the payments to the contractor under paragraph (7) are computed to represent a proportion (as specified in the contract) of the net savings in excess of the minimum savings required under subparagraph (A); and (ii) such proportion may be increased under the contract based on a contractor’s performance on quality benchmarks, based upon pre-established measures specified by the Secretary. (D) Guaranteed Federal savings If the Secretary determines that a Medicare Link contractor, after a period of three consecutive years, does not maintain an average net savings to the Medicare program of at least 5 percent per program enrollee as required under subparagraph (A), the Medicare Link contractor shall remit to the Secretary a sum specified by the Secretary and related to the amount of the shortfall. (9) Savings validation audit The Secretary shall provide for the annual auditing of the financial records (including data relating to Medicare utilization and costs) of organizations offering Medicare Link plans under this section (10) GAO audit Every 3 years the Comptroller General of the United States shall conduct an audit of the Medicare Link program costs and program savings. Such report shall be submitted to the committees of the House of Representatives and of the Senate with jurisdiction over Medicare. (d) Services under a Medicare Link plan (1) In general Each Medicare Link plan offered under this section— (A) shall provide for care management services (described in paragraph (2)) and predictive modeling and risk prioritization (described in paragraph (3)) for individuals enrolled under the plan consistent with this subsection; (B) shall carry out the functions of medicare administrative contractors described in paragraph 1874A(a)(4); (C) shall provide a reduction or rebate in the premium otherwise applicable under part B (as determined without regard to section 1839(i)) to individuals so enrolled; and (D) may provide for a reduction in cost-sharing otherwise applicable to such individuals who use providers within a plan network. (2) Care management services (A) Required The required care management services shall include clinical interventions to help coordinate care. (B) Optional Optional care management services may include interventions such as the following: (i) Prevention and wellness. (ii) Transitional and case management and other clinical programs. (iii) Chronic disease management. (iv) Advanced illness care initiatives. (v) Diabetes prevention programs. (vi) Transitional case management, for individuals discharged from a hospital or other health care institution. (vii) Nurse practitioner-led interventions (consistent with restrictions under applicable State law). (viii) Post-acute transition programs. (ix) High-risk case management. (x) Home-based primary care. (xi) Advanced illness transitional care. (xii) Operation of clinical management programs. (xiii) Management and development of provider networks. (xiv) Consumer engagement with decision support. (3) Predictive modeling and risk prioritization The predictive modeling and risk prioritization services described in this paragraph shall include the following: (A) Predictive modeling and high risk identification The use of claims data and trend data to predict which enrollees could benefit from the application of a clinical intervention or which might be high risk and in need of a care plan. (B) Prioritization of interventions Programs to identify, prioritize, and personalize care opportunities through a comprehensive profile of each enrollee. (4) Optional incentives and enrollee empowerment (A) In general A Medicare Link contractor may use appropriate incentives to manage overall care for enrollees. The Secretary shall establish terms and conditions under which a Medicare Link contractor may elect to use optional incentives for its members. (B) Types of incentives The types of incentives that may be used include the following: (i) Healthy rewards Premium rebates and other incentives approved by the Secretary for enrollees to make healthier choices and actively engage in their health care. (ii) Member incentives to use quality network providers Reductions in beneficiary cost-sharing (and other incentives approved by the Secretary) for enrollees who use providers (which may be accountable care organizations) within a plan network in order to reward quality, efficient care. (iii) Cost estimator tools Providing beneficiaries with tools designed to help them simplify the evaluation of health care costs through cost estimates for different treatment options. (5) Application of MA grievance and appeals procedures In accordance with regulations, the provisions of part C insofar as they apply to grievances and appeals, shall apply to Medicare Link plans and enrollees under this section in a manner similar to how such provisions apply to MA plans under such part. (e) Maintenance of current benefits; contractor not at financial risk for original fee-for-Service benefits (1) No change in Medicare covered items and services or limitation on supplemental plans Medicare Link plans shall provide for coverage of the same items and services that are covered under parts A and B. Nothing in this section shall be construed as preventing an individual enrolled under a Medicare Link plan from purchasing a medicare supplemental policy (described in section 1881) or other supplemental coverage outside of a Medicare Link plan. (2) No change in payments to providers (A) In general Subject to subparagraph (B), nothing in this section shall be construed as authorizing a payment level to a provider of services or supplier for Medicare covered services that is other than the payment level otherwise applicable under part A or B for such services. (B) Negotiation of rates permitted A Medicare Link contractor may negotiate with providers of services and suppliers payment rates that are less or greater than the payment rates referred to in subparagraph (A). (3) Contractor not at financial risk A Medicare Link contractor shall not be at financial risk with respect to the coverage or payment for Medicare services covered under parts A and B. But the Secretary may provide financial incentives for contractors that are able to reduce Medicare expenditures for such services below benchmark levels (specified by the Secretary) that reasonably represent the levels of payments that would be made (with respect to individuals enrolled under a Medicare Link plan) if such individuals were not so enrolled. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3567ih/xml/BILLS-113hr3567ih.xml
113-hr-3568	I 113th CONGRESS 1st Session H. R. 3568 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Ms. Titus 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 Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to establish the STEM Education and Training Account in order to enhance the economic competitiveness of the United States by providing funding for STEM education and training, and for other purposes. 1. Short title This Act may be cited as the Training Highly Skilled Americans Act of 2013 . 2. STEM education and training (a) Fee Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ) is amended by adding at the end the following: (v) Fee An employer shall submit, along with an application for a certification under this subparagraph, a fee of $1,000, which shall be deposited in the STEM Education and Training Account established under section 286(w). . (b) H–1B nonimmigrant petitioner account Section 286(s) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s) ) is amended by striking paragraphs (3) and (4) and inserting the following: (3) Low-income stem scholarship program (A) In general Thirty percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended for scholarships described in section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 ( 42 U.S.C. 1869c ) for low-income students enrolled in a program of study leading to a degree in science, technology, engineering, or mathematics. (B) Stem education for underrepresented The Director shall work in consultation with, or direct scholarship funds through, national nonprofit organizations that primarily focus on science, technology, engineering, or mathematics education for underrepresented groups, such as women and minorities. (C) Loan forgiveness The Director may expend funds from the Account for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science, technology, engineering, mathematics, or other high demand fields. (4) National science foundation grant program for k-12 science, technology, engineering, and mathematics education (A) In general Ten percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support improvement in K–12 education, including through private-public partnerships. Grants awarded pursuant to this paragraph shall include formula-based grants that target lower income populations with a focus on reaching women and minorities. (B) Types of programs covered The Director shall award grants to programs that— (i) support the development and implementation of standards-based instructional materials models and related student assessments that enable K–12 students to acquire an understanding of science, technology, engineering, and mathematics, and to develop critical thinking skills; (ii) provide systemic improvement in training K–12 teachers and education for students in science, technology, engineering, and mathematics, including by supporting efforts to promote gender-equality among students receiving such instruction; (iii) support the professional development of K–12 science, technology, engineering, and mathematics teachers in the use of technology in the classroom; (iv) stimulate systemwide K–12 reform of science, technology, engineering, and mathematics in urban, rural, and economically disadvantaged regions of the United States; (v) provide externships and other opportunities for students to increase their appreciation and understanding of science, technology, engineering, and mathematics (including summer institutes sponsored by an institution of higher education for students in grades 7 through 12 that provide instruction in such fields); (vi) involve partnerships of industry, educational institutions, and national or regional community-based organizations with demonstrated experience addressing the educational needs of disadvantaged communities; (vii) provide college preparatory support to expose and prepare students for careers in science, technology, engineering, and mathematics; or (viii) provide for carrying out systemic reform activities under section 3(a)(1) of the National Science Foundation Act of 1950 ( 42 U.S.C. 1862(a)(1) ). . (c) Use of fee Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (w) Stem education and training account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the STEM Education and Training Account . Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Account all of the fees collected under section 212(a)(5)(A)(v). (2) Purposes (A) In general The purposes of the STEM Education and Training Account are to enhance the economic competitiveness of the United States by— (i) strengthening STEM education, including in computer science, at all levels; (ii) ensuring that schools have access to well-trained and effective STEM teachers; (iii) supporting efforts to strengthen the elementary and secondary curriculum, including efforts to make courses in computer science more broadly available; and (iv) helping colleges and universities produce more graduates in fields needed by American employers. (B) Defined term In this paragraph, the term STEM education means instruction in a field of science, technology, engineering, or math included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences. (3) Allocations to States and territories (A) In general Subject to subparagraph (B), the Secretary of Education shall proportionately allocate 70 percent of the amounts deposited into the STEM Education and Training Account each fiscal year to the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands in an amount that bears the same relationship as the proportion the State, district, or territory received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331 et seq. ) for the preceding fiscal year bears to the amount all States and territories received under that subpart for the preceding fiscal year. (B) Minimum allocations No State or territory shall receive less than an amount equal to 0.5 percent of the total amount made available to all States from the STEM Education and Training Account. If a State or territory does not request an allocation from the Account for a fiscal year, the Secretary shall reallocate the State’s allocation to the remaining States and territories in accordance with this paragraph. (C) Use of funds Amounts allocated pursuant to this paragraph may be used for the activities described in section 2(d) of the Training Highly Skilled Americans Act of 2013. (4) STEM capacity building at minority-serving institutions (A) In general The Secretary of Education shall allocate 20 percent of the amounts deposited into the STEM Education and Training Account to establish or expand programs to award grants to institutions described in subparagraph (C)— (i) to enhance the quality of undergraduate science, technology, engineering, and mathematics education at such institutions; and (ii) to increase the retention and graduation rates of students pursuing degrees in such fields at such institutions. (B) Types of programs covered Grants awarded under this paragraph shall be awarded to— (i) minority-serving institutions of higher education for— (I) activities to improve courses and curriculum in science, technology, engineering, and mathematics; (II) efforts to promote gender equality among students enrolled in such courses; (III) faculty development; (IV) stipends for undergraduate students participating in research; and (V) other activities consistent with subparagraph (A), as determined by the Secretary of Education; and (ii) to other institutions of higher education to partner with the institutions described in clause (i) for— (I) faculty and student development and exchange; (II) research infrastructure development; (III) joint research projects; and (IV) identification and development of minority and low-income candidates for graduate studies in science, technology, engineering, and mathematics degree programs. (C) Institutions included In this paragraph, the term institutions shall include— (i) colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321–326a and 328), including Tuskegee University; (ii) 1994 Institutions, as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note); (iii) part B institutions (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); and (iv) Hispanic-serving institutions, as defined in section 502(a)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a)(5) ). (D) Granting of bonding authority A recipient of a grant awarded under this paragraph is authorized to utilize such funds for the issuance of bonds to fund research infrastructure development. (E) Loan forgiveness The Director may expend funds from the allocation under this paragraph for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science, technology, engineering, mathematics, or other high demand fields. (5) Workforce investment The Secretary of Education shall allocate 5 percent of the amounts deposited into the STEM Education and Training Account to the Secretary of Labor until expended for statewide workforce investment activities that may also benefit veterans and their spouses, including youth activities and statewide employment and training and activities for adults and dislocated workers described in section 128(a) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2853(a) ), and the development of licensing and credentialing programs. (6) American dream accounts The Secretary of Education shall allocate 3 percent of the amounts deposited into the STEM Education and Training Account to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts under section 2(e) of the Training Highly Skilled Americans Act of 2013. (7) Administration expenses The Secretary of Education may expend up to 2 percent of the amounts deposited into the STEM Education and Training Account for administrative expenses, including conducting an annual evaluation of the implementation and impact of the activities funded by the STEM Education and Training Account as required under section 2(d)(3) of the Training Highly Skilled Americans Act of 2013. . (d) Stem education grants (1) Application process (A) In general Each Governor and Chief State School Officer desiring an allocation from the STEM Education and Training Account under section 286(w)(3) of the Immigration and Nationality Act, as added by subsection (c), shall jointly submit a plan, including a proposed budget, signed by the Governor and Chief State School Officer, to the Secretary of Education at such time, in such form, and including such information as the Secretary of Education may prescribe pursuant to subparagraph (B). The plan shall describe how the State plans to improve STEM education to meet the needs of students and employers in the State. (B) Rulemaking The Secretary of Education shall issue a rule, through a rulemaking procedure that complies with section 553 of title 5, United States Code, prescribing the information that should be included in the State plans submitted under subparagraph (A). (2) Allowable activities A State, district, or territory that receives funding from the STEM Education and Training Account may use such funding to develop and implement science, technology, engineering, and mathematics (STEM) activities to serve students, including students of underrepresented groups such as minorities, economically disadvantaged, and females by— (A) strengthening the State’s STEM academic achievement standards; (B) implementing strategies for the recruitment, training, placement, and retention of teachers in STEM fields, including computer science; (C) carrying out initiatives designed to assist students in succeeding and graduating from postsecondary STEM programs; (D) improving the availability and access to STEM-related worker training programs, including community college courses and programs; (E) forming partnerships with higher education, economic development, workforce, industry, and local educational agencies; or (F) engaging in other activities, as determined by the State, in consultation with businesses and State agencies, to improve STEM education. (3) National evaluation (A) In general Using amounts allocated under section 286(w)(7) of the Immigration and Nationality Act, as added by subsection (c), the Secretary of Education shall conduct, directly or through a grant or contract, an annual evaluation of the implementation and impact of the activities funded by the STEM Education and Training Account. (B) Annual report The Secretary shall submit a report describing the results of each evaluation conducted under subparagraph (A) to— (i) the President; (ii) the Committee on the Judiciary of the Senate; (iii) the Committee on the Judiciary of the House of Representatives; (iv) the Committee on Health, Education, Labor, and Pensions of the Senate; and (v) the Committee on Education and the Workforce of the House of Representatives. (C) Dissemination The Secretary shall make the findings of the evaluation widely available to educators, the business community, and the public. (4) Rule of construction Nothing in this subsection may be construed to permit the Secretary of Education or any other Federal official to approve the content or academic achievement standards of a State. (e) American dream accounts (1) Definitions In this subsection: (A) American dream account The term American Dream Account means a personal online account for low-income students that monitors higher education readiness and includes a college savings account. (B) Appropriate committees of congress The term appropriate committees of Congress means— (i) the Committee on Health, Education, Labor, and Pensions of the Senate; (ii) the Committee on Appropriations of the Senate; (iii) the Committee on Finance of the Senate; (iv) the Committee on Education and the Workforce of the House of Representatives; (v) the Committee on Appropriations of the House of Representatives; (vi) the Committee on Ways and Means of the House of Representatives; and (vii) any other committee of the Senate or House of Representatives that the Secretary determines appropriate. (C) College savings account The term college savings account means a savings account that— (i) provides some tax-preferred accumulation; (ii) is widely available (such as Qualified Tuition Programs under section 529 of the Internal Revenue Code of 1986 or Coverdell Education Savings Accounts under section 530 of the Internal Revenue Code of 1986); and (iii) contains funds that may be used only for the costs associated with attending an institution of higher education, including— (I) tuition and fees; (II) room and board; (III) textbooks; (IV) supplies and equipment; and (V) Internet access. (D) Dual enrollment program The term dual enrollment program means an academic program through which a secondary school student is able simultaneously to earn credit toward a secondary school diploma and a postsecondary degree or credential. (E) Eligible entity The term eligible entity means— (i) a State educational agency; (ii) a local educational agency; (iii) a charter school or charter management organization; (iv) an institution of higher education; (v) a nonprofit organization; (vi) an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for, and attend, an institution of higher education; or (vii) a consortium of 2 or more of the entities described in clauses (i) through (vi). (F) ESEA definitions The terms local educational agency , parent , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and the term charter school has the meaning given the term in section 5210 of such Act. (G) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (H) Low-income student The term low-income student means a student who is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (2) Grant program (A) Program authorized The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts for a group of low-income students. (B) Reservation From the amount made available each fiscal year to carry out this section under section 286(w)(6) of the Immigration and Nationality Act, as added by subsection (c), the Secretary of Education shall reserve not more than 5 percent of such amount to carry out the evaluation activities described in paragraph (5)(A). (C) Duration A grant awarded under this subsection shall be for a period of not more than 3 years. The Secretary of Education may extend such grant for an additional 2-year period if the Secretary of Education determines that the eligible entity has demonstrated significant progress, based on the factors described in paragraph (3)(B)(xi). (3) Applications; priority (A) In general Each eligible entity desiring a grant under this subsection shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Education may require. (B) Contents The application described in subparagraph (A) shall include— (i) a description of the characteristics of a group of not less than 30 low-income public school students who— (I) are, at the time of the application, attending a grade not higher than grade 9; and (II) will, under the grant, receive an American Dream Account; (ii) a description of how the eligible entity will engage, and provide support (such as tutoring and mentoring for students, and training for teachers and other stakeholders) either online or in person, to— (I) the students in the group described in clause (I); (II) the family members and teachers of such students; and (III) other stakeholders such as school administrators and school counselors; (iii) an identification of partners who will assist the eligible entity in establishing and sustaining American Dream Accounts; (iv) a description of what experience the eligible entity or the eligible entity’s partners have in managing college savings accounts, preparing low-income students for postsecondary education, managing online systems, and teaching financial literacy; (v) a description of how the eligible entity will help increase the value of the college savings account portion of each American Dream Account, such as by providing matching funds or incentives for academic achievement; (vi) a description of how the eligible entity will notify each participating student in the group described in subparagraph (A), on a semiannual basis, of the current balance and status of the student’s college savings account portion of the student’s American Dream Account; (vii) a plan that describes how the eligible entity will monitor participating students in the group described in clause (i) to ensure that each student’s American Dream Account will be maintained if a student in such group changes schools before graduating from secondary school; (viii) a plan that describes how the American Dream Accounts will be managed for not less than 1 year after a majority of the students in the group described in clause (i) graduate from secondary school; (ix) a description of how the eligible entity will encourage students in the group described in clause (i) who fail to graduate from secondary school to continue their education; (x) a description of how the eligible entity will evaluate the grant program, including by collecting, as applicable, data about the students in the group described in clause (i) during the grant period, and, if sufficient grant funds are available, after the grant period, including— (I) attendance rates; (II) progress reports; (III) grades and course selections; (IV) the student graduation rate (as defined in section 1111 (b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) )); (V) rates of student completion of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ); (VI) rates of enrollment in an institution of higher education; and (VII) rates of completion at an institution of higher education; (xi) a description of what will happen to the funds in the college savings account portion of the American Dream Accounts that are dedicated to participating students described in clause (i) who have not matriculated at an institution of higher education at the time of the conclusion of the period of American Dream Account management described in clause (viii); (xii) a description of how the eligible entity will ensure that funds in the college savings account portion of the American Dream Accounts will not make families ineligible for public assistance; and (xiii) a description of how the eligible entity will ensure that participating students described in clause (i) will have access to the Internet. (C) Priority In awarding grants under this subsection, the Secretary of Education shall give priority to applications from eligible entities that— (i) are described in paragraph (1)(E)(vii); (ii) serve the largest number of low-income students; (iii) emphasize preparing students to pursue careers in science, technology, engineering, or mathematics; or (iv) in the case of an eligible entity described in clause (i) or (ii) of paragraph (1)(E), provide opportunities for participating students described in clause (i) to participate in a dual enrollment program at no cost to the student. (4) Authorized activities (A) In general An eligible entity that receives a grant under this subsection shall use such grant funds to establish an American Dream Account for each participating student described in paragraph (3)(B)(i), which will be used to— (i) open a college savings account for such student; (ii) monitor the progress of such student online, which— (I) shall include monitoring student data relating to— (aa) grades and course selections; (bb) progress reports; and (cc) attendance and disciplinary records; and (II) may also include monitoring student data relating to a broad range of information, provided by teachers and family members, related to postsecondary education readiness, access, and completion; (iii) provide opportunities for such students, either online or in person, to learn about financial literacy, including by— (I) assisting such students in financial planning for enrollment in an institution of higher education; and (II) assisting such students in identifying and applying for financial aid (such as loans, grants, and scholarships) for an institution of higher education; (iv) provide opportunities for such students, either online or in person, to learn about preparing for enrollment in an institution of higher education, including by providing instruction to students about— (I) choosing the appropriate courses to prepare for postsecondary education; (II) applying to an institution of higher education; (III) building a student portfolio, which may be used when applying to an institution of higher education; (IV) selecting an institution of higher education; (V) choosing a major for the student’s postsecondary program of education or a career path, including specific instruction on pursuing science, technology, engineering, and mathematics majors; and (VI) adapting to life at an institution of higher education; and (v) provide opportunities for such students, either online or in person, to identify skills or interests, including career interests. (B) Access to American dream account (i) In general Subject to clauses (iii) and (iv), and in accordance with applicable Federal laws and regulations relating to privacy of information and the privacy of children, an eligible entity that receives a grant under this subsection shall allow vested stakeholders described in clause (ii), to have secure access, through the Internet, to an American Dream Account. (ii) Vested stakeholders The vested stakeholders that an eligible entity shall permit to access an American Dream Account are individuals (such as the student’s teachers, school counselors, counselors at an institution of higher education, school administrators, or other individuals) that are designated, in accordance with the Family Educational Rights and Privacy Act of 1974 ( 20 U.S.C. 1232g ), by the parent of a participating student in whose name such American Dream Account is held, as having permission to access the account. A student’s parent may withdraw such designation from an individual at any time. (iii) Exception for college savings account An eligible entity that receives a grant under this subsection shall not be required to give vested stakeholders described in clause (ii), access to the college savings account portion of a student’s American Dream Account. (iv) Adult students Notwithstanding clauses (i) through (iii), if a participating student is age 18 or older, an eligible entity that receives a grant under this subsection shall not provide access to such participating student’s American Dream Account without the student’s consent, in accordance with the Family Educational Rights and Privacy Act of 1974 ( 20 U.S.C. 1232g ). (v) Input of student information Student data collected pursuant to subparagraph (A)(ii)(I) may only be entered into an American Dream Account by a school administrator or such administrator’s designee. (C) Prohibition on use of student information An eligible entity that receives a grant under this subsection may not use any student-level information or data for the purpose of soliciting, advertising, or marketing any financial or nonfinancial consumer product or service that is offered by such eligible entity, or on behalf of any other person. (D) Limitation on the use of grant funds An eligible entity shall not use more than 25 percent of the grant funds provided under this subsection to provide the initial deposit into a college savings account portion of a student’s American Dream Account. (5) Reports and evaluations (A) In general Not later than 1 year after the Secretary of Education has disbursed grants under this subsection, and annually thereafter, the Secretary of Education shall prepare and submit a report to the appropriate committees of Congress that includes an evaluation of the effectiveness of the grant program established under this subsection. (B) Contents The report described in subparagraph (A) shall— (i) list the grants that have been awarded under paragraph (2)(A); (ii) include the number of students who have an American Dream Account established through a grant awarded under paragraph (2)(A); (iii) provide data (including the interest accrued on college savings accounts that are part of an American Dream Account) in the aggregate, regarding students who have an American Dream Account established through a grant awarded under paragraph (2)(A), as compared to similarly situated students who do not have an American Dream Account; (iv) identify best practices developed by the eligible entities receiving grants under this subsection; (v) identify any issues related to student privacy and stakeholder accessibility to American Dream Accounts; (vi) provide feedback from participating students and the parents of such students about the grant program, including— (I) the impact of the program; (II) aspects of the program that are successful; (III) aspects of the program that are not successful; and (IV) any other data required by the Secretary of Education; and (vii) provide recommendations for expanding the American Dream Accounts program. (6) Eligibility to receive federal student financial aid Notwithstanding any other provision of law, any funds that are in the college savings account portion of a student’s American Dream Account shall not affect such student’s eligibility to receive Federal student financial aid, including any Federal student financial aid under the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), and shall not be considered in determining the amount of any such Federal student aid. (f) Conforming amendment Section 480(j) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(j) ) is amended by adding at the end the following: (5) Notwithstanding paragraph (1), amounts made available under the college savings account portion of an American Dream Account under section 2(e)(4) of the Training Highly Skilled Americans Act of 2013 shall not be treated as estimated financial assistance for purposes of section 471(3). .	https://www.govinfo.gov/content/pkg/BILLS-113hr3568ih/xml/BILLS-113hr3568ih.xml
113-hr-3569	I 113th CONGRESS 1st Session H. R. 3569 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Walz (for himself, Mr. Hanna , Ms. Ros-Lehtinen , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to add a definition of spouse for purposes of veteran benefits that recognizes new State definitions of spouse. 1. Short title This Act may be cited as the Protecting the Freedoms and Benefits for All Veterans Act . 2. Definition of spouse for purposes of veteran benefits to reflect new State definitions of spouse (a) Spouse defined Section 101 of title 38, United States Code, is amended— (1) in paragraph (3), by striking of the opposite sex ; and (2) by striking paragraph (31) and inserting the following new paragraph: (31) (A) An individual shall be considered a spouse if— (i) the marriage of the individual is valid in the State in which the marriage was entered into; or (ii) in the case of a marriage entered into outside any State— (I) if the marriage of the individual is valid in the place in which the marriage was entered into; and (II) (aa) the marriage could have been entered into in a State; or (bb) the marriage was valid in the place in which all parties to the marriage resided at the time the marriage was entered into. (B) In this paragraph, the term State has the meaning given that term in paragraph (20), except that the term also includes the Commonwealth of the Northern Mariana Islands. . (b) Marriage determination Section 103(c) of such title is amended by striking according to and all that follows through the period at the end and inserting in accordance with section 101(31) of this title. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3569ih/xml/BILLS-113hr3569ih.xml
113-hr-3570	I 113th CONGRESS 1st Session H. R. 3570 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. McKinley (for himself, Mr. Rahall , Mrs. Capito , Mr. Stivers , Mr. Barr , Mr. Johnson of Ohio , Mrs. Wagner , Mr. Pearce , and Mr. Rothfus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit the United States from following guidance issued by the Secretary of the Treasury regarding how multilateral development banks should engage with developing countries on coal-fired power generation, and for other purposes. 1. Prohibition on following guidance issued by the Secretary of the Treasury regarding how multilateral development banks should engage with developing countries on coal-fired power generation The Secretary of the Treasury shall direct the United States Executive Director at each multilateral development bank (within the meaning of section 1701(c)(4) of the International Development Institutions Act) to— (1) disregard the document issued by the Secretary of the Treasury, entitled Guidance for U.S. Positions on MDBs Engaging with Developing Countries on Coal-Fired Power Generation , dated October 29, 2013, and any other document issued subsequently by the Secretary that sets forth policies, strategies, procedures, or positions substantially similar to the policies, strategies, procedures, and positions set forth in that document; and (2) not use the voice, vote, or influence of the United States to propose, advance, or implement any policy, strategy, procedure, or position set forth in that document.	https://www.govinfo.gov/content/pkg/BILLS-113hr3570ih/xml/BILLS-113hr3570ih.xml
113-hr-3571	I 113th CONGRESS 1st Session H. R. 3571 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. Schakowsky (for herself, Mrs. Lowey , Mr. Engel , Ms. Wasserman Schultz , Mr. Hanna , and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prevent international violence against women, and for other purposes. 1. Short title (a) Short title This Act may be cited as the International Violence Against Women Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Statement of policy. TITLE I—International prevention of violence against women and girls Subtitle A—Official designations and institutional changes Sec. 101. Office for global women’s issues. Sec. 102. Senior coordinator for gender equality and women’s empowerment. Sec. 103. Briefing. Subtitle B—Strategy, policy, and programs Sec. 111. United States strategy to prevent and respond to gender-based violence globally. Sec. 112. Implementation of the United States strategy to prevent and respond to gender-based violence globally. Sec. 113. Monitoring the United States strategy to prevent and respond to gender-based violence globally. 2. Findings Congress makes the following findings: (1) An estimated 1 out of every 3 women throughout the world will be beaten, coerced into sex, or otherwise abused in her lifetime. (2) Up to 70 percent of women in some countries report having been victims of domestic violence at some stage in their lives. (3) Sexual violence among adolescents and pre-adolescents is alarmingly high. In 2010, the first nationally representative survey of violence against children in Tanzania found that nearly 3 in 10 females and 1 in 7 males experienced sexual violence prior to the age of 18. (4) The International Men and Gender Equality Survey dataset shows that adult male respondents in 6 countries who had experienced violence as children were significantly more likely to report perpetrating intimate partner violence themselves than their peers who did not experience violence as children. (5) Violence against women and girls impedes progress in meeting many United States global development goals, including efforts to stem maternal mortality and the spread of HIV/AIDS. Approximately 1 in 4 women are abused during pregnancy which has been linked to miscarriage, pre-term labor, low birth weight, fetal distress, and death. (6) Country studies indicate that the risk of HIV among women who have experienced violence may be up to 3 times higher than among those who have not. Women who have experienced violence are also at higher risk for contracting HIV, and women living with HIV may be up to 3 times more likely to experience violence than other women. Fear of violence also prevents women from accessing HIV/AIDS information and receiving treatment and counseling. (7) The President’s Emergency Plan for AIDS Relief (PEPFAR) supports significant work in the field to mainstream gender-based violence into existing HIV programs. Addressing gender norms and inequities is essential to reducing HIV risk and increasing access to HIV prevention, care and treatment services for women and men. (8) Increasing women's access to economic opportunities and food security is crucial to preventing and responding to domestic and sexual violence. Inclusive finance and micro-enterprise reduce levels of intimate partner violence and provide economic independence for survivors. (9) Prevalence of sexual violence is higher among persons with disabilities, particularly for adolescents and intimate partners with disabilities, and for men and women with intellectual impairments living in institutions. (10) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters face extreme violence and threats, including— (A) being forced to exchange sex for food and humanitarian supplies; and (B) being at increased risk of rape, sexual exploitation, and abuse. (11) Rape and sexual assault against women and girls are used to torture, intimidate, and terrorize women and their communities. (12) Early and forced marriage of the girl-child— (A) is a violation of human rights as it denies girls the right to decide when and with whom to marry; (B) is a harmful practice that deprives girls of their dignity, bringing childhood and adolescence to a premature and unnatural end; (C) can end girls’ education and can result in bonded labor or enslavement, commercial sexual exploitation, and violence against the victims; (D) significantly increases the risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS; and (E) is perpetuated by poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (13) World Bank data shows that gender inequality directly corresponds to increased levels of political and economic instability within states. (14) Domestic violence is the most prevalent form of violence against women and prevents women from playing more active roles in the social, economic, and political development of their communities. In humanitarian crises, this global scourge becomes acute, preventing women from helping to rebuild their countries. 3. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to violence against women and girls around the world, as a matter of basic human rights as well as to promote gender equality, economic growth, and improved public health; (2) to systematically integrate and coordinate efforts to prevent and respond to violence against women and girls internationally into United States foreign policy and foreign assistance programs, including peacebuilding efforts and humanitarian relief and recovery; (3) to support and build local capacity in developing countries, including of governments at all levels and nongovernmental organizations, especially women-led organizations, to prevent and respond to violence against women and girls; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to violence against women and girls, including faith-based organizations and women-led organizations; (5) to employ a multisectoral approach to preventing and responding to violence against women and girls internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national and international levels, to prevent and respond to violence against women and girls around the globe; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include specific and thorough instruction on preventing and responding to violence against women and girls around the world; (8) to engage men and boys as partners, as an essential element of making sustained reductions in violence against women and girls; (9) to include the prevention of early and forced marriage as an important part of United States Government efforts to prevent violence against girls and promote gender equality and global health; (10) to require that all United States contractors and grantees establish appropriate policies and take effective measures to prevent violence against women and girls and sexual exploitation and abuse within their workforce; (11) to exert sustained international leadership to prevent and respond to violence against women and girls, including in bilateral and multilateral fora; (12) to implement the United States Strategy to Prevent and Respond to Gender-based Violence Globally; and (13) to implement the United States National Action Plan on Women, Peace and Security. I International prevention of violence against women and girls A Official designations and institutional changes 101. Office of global women’s issues (a) Establishment The Secretary of State shall establish in the Office of the Secretary of the Department of State an Office of Global Women’s Issues (in this section referred to as the Office ). The Office shall be headed by an Ambassador-at-Large for Global Women’s Issues, who shall be appointed by the President, by and with the advice and consent of the Senate. The Ambassador-at-Large shall report directly to the Secretary and shall have the rank and status of Ambassador-at-Large. (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the Secretary of State, the Ambassador-at-Large shall coordinate efforts of the United States Government as directed by the Secretary regarding gender integration and advancing the status of women and girls in United States foreign policy. (c) Duties (1) In general The Ambassador-at-Large— (A) shall direct activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally, including those intended to prevent and respond to violence against women and girls, for all bureaus and offices of the Department of State and in the international programs of all other Federal agencies; (B) shall actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State and in the international programs of other Federal agencies; (C) shall direct, as appropriate, United States Government resources to respond to needs for gender integration and empowerment of women in United States Government foreign policies and international programs, including to prevent and respond to violence against women and girls internationally; (D) may design, support, and implement activities regarding empowerment of women internationally, including for the prevention of and response to violence against women and girls internationally; (E) shall conduct regular consultation with civil society organizations working to prevent and respond to violence against women and girls internationally; (F) shall ensure that programs, projects, and activities designed to prevent and respond to violence against women and girls internationally are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across all Federal agencies; (G) shall serve as the principal advisor to the Secretary of State regarding gender equality, women’s empowerment, and violence against women and girls as a foreign policy matter; and (H) is authorized to represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls, including violence against women and girls internationally. (2) Information sharing and transparency The Office shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to violence against women and girls, and shall produce a full accounting of United States Government spending on such programs, projects, and activities. 102. Senior coordinator for gender equality and women’s empowerment (a) Establishment There is established in the United States Agency for International Development a Senior Coordinator for Gender Equality and Women’s Empowerment, who shall report to the Administrator of the United States Agency for International Development and who shall conduct the activities of the Administrator under this Act. (b) In general The Senior Coordinator for Gender Equality and Women’s Empowerment— (1) shall direct activities, policies, programs, and funding of the United States Agency for International Development relating to gender equality and women’s empowerment, including those intended to prevent and respond to violence against women and girls; (2) shall actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Agency as dictated by the USAID Gender Equality and Female Empowerment Policy; (3) shall direct Agency resources for gender equality and women’s empowerment, including to prevent and respond to violence against women and girls internationally; (4) may design, support, and implement activities led by the Agency regarding gender equality and women’s empowerment, including for the prevention and response of violence against women and girls internationally; (5) shall conduct regular consultation with civil society organizations working to prevent and respond to violence against women and girls internationally; (6) shall serve as the principal advisor to the Administrator regarding gender equality, women's empowerment, and violence against women and girls; and (7) shall track and analyze monitoring and evaluation data and findings on international prevention and response programs of the Agency, consistent with Agency-wide monitoring and evaluation activities, and in order to assist in the preparation of the comprehensive strategy developed under section 111. 103. Briefing Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and Senior Coordinator shall brief the appropriate congressional committees on international violence against women and girls prevention and response strategies, programming, and associated outcomes, and shall submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this Act. B Strategy, policy, and programs 111. United States strategy to prevent and respond to gender-based violence globally (a) Global strategy requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Ambassador-at-Large, in consultation with the Senior Coordinator, shall develop or update a United States global strategy to prevent and respond to violence against women and girls. Such strategy shall be transmitted to the appropriate congressional committees and made publicly available on the Internet. (b) Initial strategy For the purposes of this section, the United States Strategy to Prevent and Respond to Gender-Based Violence Globally , issued in August 2012, shall be deemed to fulfill the initial requirement of subsection (a). (c) Implementation plan Not later than 60 days after submission of the strategy under subsection (a), the Ambassador-at-Large, in consultation with the Senior Coordinator, shall submit to the appropriate congressional committees an implementation plan detailing how the strategy will be implemented in the upcoming five fiscal years, including the budget resources requested, and the specific activities to be supported, by each Executive agency under the strategy. (d) Collaboration and coordination In developing the strategy under subsection (a), the Ambassador-at-Large and Senior Coordinator shall consult with— (1) the heads of relevant Federal agencies; (2) the Senior Policy Operating Group on Trafficking in Persons; and (3) representatives of civil society and multi-lateral organizations with demonstrated experience in addressing violence against women and girls or promoting gender equality internationally. (e) Content The implementation plan required under subsection (c) shall— (1) identify eligible low-income and lower-middle income countries with significant levels of violence against women and girls, including within displaced communities, that have the governmental or nongovernmental organizational capacity to manage and implement gender-based violence prevention and response program activities and should, when possible, be geographically, ethnically, and culturally diverse from one another; (2) select 5 to 20 of the eligible countries identified under paragraph (1) in which to develop comprehensive and holistic individual country plans that incorporate at least two of the program activities listed in section 112(b); (3) assess and describe the current or potential capacity of the government of each eligible country selected under paragraph (2) and civil society organizations in each such eligible country to address and respond to violence against women and girls; (4) identify coordination mechanisms with Federal agencies that— (A) have existing programs relevant to the strategy; (B) will be involved in new program activities; and (C) are engaged in broader United States strategies around development; (5) describe the monitoring and evaluation mechanisms established for each eligible country, and their intended use in assessing overall progress in prevention and response; (6) project general levels of resources needed to achieve the stated objectives in each eligible country, including an accounting of— (A) activities and funding already expended by the Department of State, the United States Agency for International Development, other Federal agencies, other donor country governments, and other multilateral institutions; and (B) leveraged private sector resources; (7) integrate gender analysis into the strategy for each country; and (8) include, as appropriate, strategies designed to accommodate the needs of stateless, disabled, internally displaced, refugee, or religious or ethnic minority women and girls. 112. Implementation of the United States strategy to prevent and respond to gender-based violence globally (a) In general The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to violence against women and girls internationally. (b) Program activities supported Assistance provided to each country selected under subsection 111(e)(2) should include at least two of the following activities: (1) Development and implementation of programs that work to change social norms and attitudes so that violence against women and girls is neither condoned nor tolerated. (2) Promotion of accessible quality educational and literacy opportunities for women and girls. (3) Promotion of access to economic opportunities, including by increasing distribution, credit, property, and inheritance rights for women and girls. (4) Development and enforcement of civil and criminal legal and judicial sanctions, protections, trainings, and capacity. (5) Enhancement of the health sector capacity to detect, prevent, and respond to violence against women and girls. (c) Building local capacity Not less than 10 percent of the amount of assistance provided to an eligible country under this section should be provided to community-based nongovernmental organizations, with priority given to nongovernmental organizations led by women. 113. Monitoring the United States strategy to prevent and respond to gender-based violence globally (a) In general In each strategy submitted under section 111(a), the Ambassador-at-Large and Senior Coordinator shall include an analysis of best practices for preventing and addressing violence against women and girls internationally, which shall include— (1) a description of successful efforts by foreign governments, multilateral institutions, nongovernmental organizations, educational organizations, and faith-based organizations in preventing and responding to violence against women and girls; (2) recommendations related to best practices, effective strategies, and improvements to enhance the impact of prevention and response efforts; and (3) the impact of activities funded by the strategy in preventing and reducing violence against women and girls internationally. (b) Amendments The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) )— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of violence against women and girls. ; and (2) in section 502B ( 22 U.S.C. 2304 )— (A) by redesignating the second subsection designated as subsection (i) as subsection (j); and (B) by adding at the end the following new subsection: (k) Inclusion of information relating to violence against women and girls The report required by subsection (b) shall include, wherever applicable, the nature and extent of violence against women and girls. . (c) Monitoring and evaluation In coordination with relevant officials, and consistent with the monitoring and evaluation policies of their respective agencies, the Ambassador-at-Large and the Senior Coordinator shall develop a plan for monitoring and independent evaluation of programs, projects, and activities carried out under this Act. The 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 implementation plan required under section 111(c). (d) Research and data collection The Secretary and the Administrator shall— (1) produce original research or analysis of effective interventions to prevent or respond to violence against women and girls internationally; (2) collect and analyze new or existing data on the scope and extent of all forms of violence against women and girls internationally, including under-documented forms of violence and violence against marginalized groups; (3) conduct research on effective interventions to respond to violence against women and girls internationally, including efforts to scale up effective programming; and (4) support systemic data collection using internationally comparable indicators, norms, and methodologies for measuring the scope, prevalence, and incidence of violence against women and girls internationally.	https://www.govinfo.gov/content/pkg/BILLS-113hr3571ih/xml/BILLS-113hr3571ih.xml
113-hr-3572	I 113th CONGRESS 1st Session H. R. 3572 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Natural Resources A BILL To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in North Carolina. 1. Replacement of John H. Chafee Coastal Barrier Resources System maps (a) In general The maps subtitled Lea Island Complex L07 ; Wrightsville Beach Unit L08, Masonboro Island Unit L09 ; and Masonboro Island Unit L09 , included in the set of maps entitled John H. Chafee Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to certain John H. Chafee Coastal Barrier Resources System units in North Carolina, are hereby replaced by other maps relating to the units entitled Lea Island Complex L07 ; Wrightsville Beach Unit L08, Masonboro Island Unit L09 ; and Masonboro Island Unit L09 and dated _____. (b) Availability The Secretary of the Interior shall keep the replacement maps referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).	https://www.govinfo.gov/content/pkg/BILLS-113hr3572ih/xml/BILLS-113hr3572ih.xml
113-hr-3573	I 113th CONGRESS 1st Session H. R. 3573 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Cartwright (for himself, Mr. Cole , Mr. Bishop of Utah , Mr. Loebsack , Mr. Cummings , Mr. Wolf , Mr. Wittman , Mr. Lynch , Mrs. Bustos , Mr. Austin Scott of Georgia , Mr. Runyan , Mr. Connolly , Mr. Fitzpatrick , and Mr. Perlmutter ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To ensure that the percentage increase in rates of basic pay for prevailing wage employees shall be equal to the percentage increase received by other Federal employees in the same pay locality, and for other purposes. 1. Adjustments to rates of basic pay of prevailing rate employees (a) Limitation on adjustments (1) Prevailing rate employees of agencies Notwithstanding any other provision of law, and except as otherwise provided in this section, a prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, may not be paid— (A) during the period beginning on January 1, 2014, and ending on the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2014, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period beginning on the day after the end of the period described in subparagraph (A) and ending on September 30, 2014, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of— (i) the percentage adjustment taking effect in fiscal year 2014 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2014 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Other prevailing rate employees Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) Employees paid from new schedules For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2013, shall be determined under regulations prescribed by the Office of Personnel Management. (4) Rates of premium pay Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2013, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) Period covered This subsection shall apply with respect to pay for service performed on or after the first day of the first applicable pay period beginning after December 31, 2013. (6) Treatment under other laws For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Limitations Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) Exceptions The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Comparability of adjustments (1) In general Notwithstanding subsection (a), effective as of the first day of the first applicable pay period beginning after December 31, 2013, the percentage increase in rates of basic pay for the statutory pay systems under sections 5344 and 5348 of title 5, United States Code, that takes place in fiscal year 2014 shall be not less than the percentage increase received by employees in the same pay locality whose rates of basic pay are adjusted under sections 5303 and 5304 of title 5, United States Code. (2) Pay localities For the purposes of this subsection, prevailing rate employees in localities where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United States Code, shall be considered to be located in the pay locality designated as Rest of United States under section 5304 of title 5, United States Code.	https://www.govinfo.gov/content/pkg/BILLS-113hr3573ih/xml/BILLS-113hr3573ih.xml
113-hr-3574	I 113th CONGRESS 1st Session H. R. 3574 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Ellison (for himself, Mr. Conyers , Mr. Grijalva , Mr. Blumenauer , Mr. Honda , Mr. Huffman , Mr. Nolan , Mr. Serrano , Ms. Lee of California , Mr. Grayson , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Natural Resources , Science, Space, and Technology , Energy and Commerce , Agriculture , Appropriations , Financial Services , and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate certain subsidies for fossil-fuel production. 1. Short title This Act may be cited as the End Polluter Welfare Act of 2013 . 2. Findings Congress finds that— (1) President Obama joined other world leaders from the Group of Twenty in pledging to phase out wasteful fossil-fuel subsidies; (2) the Environmental Law Institute found that from 2002 through 2008, Federal fossil-fuel subsidies in the United States totaled over $72,000,000,000, while Federal renewable-energy investments totaled $12,200,000,000; (3) according to Taxpayers for Common Sense, the 5 largest oil corporations have made more than $1,000,000,000,000 in profits during the past decade; (4) according to the Center for American Progress, the 5 largest oil corporations posted more than $70,000,000,000 in profits in just the first 3 quarters of 2013; (5) according to the Center for Responsive Politics, the entire oil and gas industry spent $105,000,000 on lobbying in the first 3 quarters of 2013, which was an effective investment in protecting their extraordinary tax loopholes and subsidies; and (6) taxpayers in the United States should not be subsidizing fossil fuel companies in a period of record debt. 3. Definition of fossil fuel In this Act, the term fossil fuel means coal, petroleum, natural gas, or any derivative of coal, petroleum, or natural gas that is used for fuel. 4. Royalty Relief (a) In general (1) Outer Continental Shelf Lands Act Section 8(a)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(3) ) is amended— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B). (2) Energy Policy Act of 2005 (A) Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico Section 344 of the Energy Policy Act of 2005 ( 42 U.S.C. 15904 ) is repealed. (B) Deep water production Section 345 of the Energy Policy Act of 2005 ( 42 U.S.C. 15905 ) is repealed. (b) Future provisions Notwithstanding any other provision of law (including regulations), royalty relief shall not be permitted under a lease issued under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ). 5. Royalties under Mineral Leasing Act (a) Coal leases Section 7(a) of the Mineral Leasing Act ( 30 U.S.C. 207(a) ) is amended by striking 12 1/2 and inserting 18 3/4 . (b) Leases on land on which oil or natural gas is discovered Section 14 of the Mineral Leasing Act ( 30 U.S.C. 223 ) is amended by striking 12 1/2 and inserting 18 3/4 . (c) Leases on land known or believed To contain oil or natural gas Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(A), by striking 12.5 and inserting 18 3/4 ; and (B) in paragraph (2)(A)(ii), by striking 12 1/2 and inserting 18 3/4 ; (2) in subsection (c)(1), by striking 12.5 and inserting 18 3/4 ; (3) in subsection (l), by striking 12 1/2 each time it appears and inserting 18 3/4 ; and (4) in subsection (n)(1)(C), by striking 12 1/2 and inserting 18 3/4 . 6. Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources Subtitle J of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16371 et seq. ) is repealed. 7. Removal of limits on liability for offshore facilities and pipeline operators Section 1004(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(a) ) is amended— (1) in paragraph (3), by striking plus $75,000,000; and and inserting and the liability of the responsible party under section 1002; ; (2) in paragraph (4)— (A) by inserting (except an onshore pipeline transporting diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen) after for any onshore facility ; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) for any onshore facility transporting diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen, the liability of the responsible party under section 1002. . 8. Funds to World Bank for financing projects that support fossil fuel (a) Rescission of funds Effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available to the International Bank for Reconstruction and Development and the International Development Association (commonly known as the World Bank ), and each other similar international financing entity that has received amounts from the United States, as determined by the Secretary of the Treasury, to carry out any project that supports fossil fuel. (b) Future funds Notwithstanding any other provision of law, any amounts made available to the World Bank or any other international financing entity shall not be used to carry out any project that supports fossil fuel. 9. Office of Fossil Energy Research and Development (a) In general Section 203(a)(2) of the Department of Energy Organization Act ( 42 U.S.C. 7133(a)(2) ) is amended— (1) in subparagraph (C), by inserting and after the semicolon at the end; (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as subparagraph (D). (b) Termination Notwithstanding any other provision of law, the Office of Fossil Energy Research and Development and the authority to carry out any program or activity of the Office (as in existence on the day before the date of enactment of this Act) is terminated. 10. Advanced Research Projects Agency—Energy None of the funds made available to the Advanced Research Projects Agency—Energy shall be used to carry out any project that supports fossil fuel. 11. Incentives for innovative technologies (a) In general Section 1703 of the Energy Policy Act of 2005 ( 42 U.S.C. 16513 ) is amended— (1) in subsection (b)— (A) by striking paragraph (2); (B) by striking paragraph (10); and (C) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8) respectively; (2) by striking subsection (c); and (3) by redesignating subsections (d) and (e) as paragraphs (c) and (d) respectively. (b) Conforming amendment Section 1704 of the Energy Policy Act of 2005 ( 42 U.S.C. 16514 ) is amended— (1) in subsection (a), by striking (a) In general .— ; and (2) by striking subsection (b). 12. Rural Utility Service loan guarantees The Secretary of Agriculture shall not make a loan under title III of the Rural Electrification Act of 1936 ( 7 U.S.C. 931 et seq. ) to an applicant for the purpose of carrying out any project that will use fossil fuel. 13. Funds to the Overseas Private Investment Corporation or the Export-Import Bank of the United States for financing projects, transactions, or other activities that support fossil fuel (a) Rescission of funds Effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available to the Overseas Private Investment Corporation or the Export-Import Bank of the United States to carry out any project, transaction, or other activity that supports fossil-fuel production. (b) Future funds Notwithstanding any other provision of law, any amounts made available to the Overseas Private Investment Corporation or the Export-Import Bank of the United States shall not be used to carry out any project, transaction, or other activity that supports fossil-fuel production. 14. Transportation funds for grants, loans, loan guarantees, and other direct assistance Notwithstanding any other provision of law, any amounts made available to the Department of Transportation (including the Federal Railroad Administration) shall not be used to award any grant, loan, loan guarantee, or provide any other direct assistance to any rail or port project that transports fossil fuel. 15. Termination of various tax expenditures relating to fossil fuels (a) In general Subchapter C of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7875. Termination of certain provisions relating to fossil fuel incentives (a) In general The following provisions shall not apply to taxable years beginning after the date of the enactment of the End Polluter Welfare Act of 2013 : (1) Section 43 (relating to enhanced oil recovery credit). (2) Section 45I (relating to credit for producing oil and natural gas from marginal wells). (3) Section 45K (relating to credit for producing fuel from a nonconventional source). (4) Section 193 (relating to tertiary injectants). (5) Section 199(d)(9) (relating to special rule for taxpayers with oil related qualified production activities income). (6) Section 461(i)(2) (relating to special rule for spudding of oil or natural gas wells). (7) Section 469(c)(3) (relating to working interests in oil and natural gas property). (8) Section 613A (relating to limitations on percentage depletion in case of oil and natural gas wells). (9) Section 617 (relating to deduction and recapture of certain mining exploration expenditures). (10) Section 7704(d)(1)(E) (relating to qualifying income). (b) Provisions relating to property The following provisions shall not apply to property placed in service after the date of the enactment of the End Polluter Welfare Act of 2013 : (1) Subparagraphs (C)(iii) and (E)(viii) of section 168(e)(3) (relating to classification of certain property). (2) Section 169 (relating to amortization of pollution control facilities) with respect to any atmospheric pollution control facility. (3) Section 179C (relating to election to expense certain refineries). (c) Provisions relating to costs and expenses The following provisions shall not apply to costs or expenses paid or incurred after the date of the enactment of the End Polluter Welfare Act of 2013 : (1) Section 179B (relating to deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations). (2) Section 263(c) (relating to intangible drilling and development costs) with respect to costs in the case of oil and natural gas wells. (3) Section 468 (relating to special rules for mining and solid waste reclamation and closing costs). (d) 5-Year carryback for marginal oil and natural gas well production credit Section 39(a)(3) (relating to 5-year carryback for marginal oil and natural gas well production credit) shall not apply to credits determined in taxable years beginning after the date of the enactment of the End Polluter Welfare Act of 2013 . (e) Credit for carbon dioxide sequestration Section 45Q (relating to credit for carbon dioxide sequestration) shall not apply to carbon dioxide captured after the date of the enactment of the End Polluter Welfare Act of 2013 . (f) Allocated credits No new credits shall be certified under section 48A (relating to qualifying advanced coal project credit) or section 48B (relating to qualifying gasification project credit) after the date of the enactment of the End Polluter Welfare Act of 2013 . (g) Arbitrage bonds Section 148(b)(4) (relating to safe harbor for prepaid natural gas) shall not apply to obligations issued after the date of the enactment of the End Polluter Welfare Act of 2013 . . (b) Conforming amendment The table of sections for subchapter C of chapter 90 is amended by adding at the end the following new item: Sec. 7875. Termination of certain provisions. . 16. Termination of alternative fuel vehicle refueling property credit with respect to fossil fuels (a) In general Paragraph (2) of section 30C(c) of the Internal Revenue Code of 1986 is amended— (1) by striking , natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, in subparagraph (A), (2) by striking subparagraph (B), and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Effective date The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. 17. Uniform seven-year amortization for geological and geophysical expenditures (a) In general Section 167(h) of the Internal Revenue Code of 1986 is amended— (1) by striking 24-month period each place it appears in paragraphs (1) and (4) and inserting 7-year period , and (2) by striking paragraph (5). (b) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. 18. Natural gas gathering lines treated as 15-year property (a) In general Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 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) any natural gas gathering line the original use of which commences with the taxpayer after the date of the enactment of this clause. . (b) Alternative system The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (E)(ix) the following new item: (E)(x) 22 . (c) Conforming amendment Clause (iv) of section 168(e)(3)(C) of the Internal Revenue Code of 1986 is amended by inserting and on or before the date of the enactment of the End Polluter Welfare Act of 2013 after April 11, 2005 . (d) Effective date (1) In general The amendments made by this section shall apply to property placed in service on and after the date of the enactment of this Act. (2) Exception The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before the date of the enactment of this Act, or, in the case of self-constructed property, has started construction on or before such date. 19. Repeal of domestic manufacturing deduction for hard mineral mining (a) In general Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , or , and by adding at the end the following new clause: (iv) the mining of any hard mineral. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 20. Limitation on deduction for income attributable to domestic production of oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for oil, natural gas, and coal income The term domestic production gross receipts shall not include gross receipts from the production, refining, processing, transportation, or distribution of oil, natural gas, or coal, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 21. Termination of last-in, first-out method of inventory for oil, natural gas, and coal companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination for oil, natural gas, and coal companies Subsection (a) shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after the date of enactment of the End Polluter Welfare Act of 2013 . . (b) Additional termination Section 473 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination for oil, natural gas, and coal companies This section shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after the date of enactment of the End Polluter Welfare Act of 2013 . . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. 22. Repeal of percentage depletion for coal and hard mineral fossil fuels (a) In general Section 613 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Termination with respect to coal and hard mineral fossil fuels In the case of coal, lignite, and oil shale (other than oil shale described in subsection (b)(5)), the allowance for depletion shall be computed without reference to this section for any taxable year beginning after the date of the enactment of the End Polluter Welfare Act of 2013. . (b) Conforming amendments (1) Coal and lignite Section 613(b)(4) of the Internal Revenue Code of 1986 is amended by striking coal, lignite, . (2) Oil shale Section 613(b)(2) of such Code is amended to read as follows: (2) 15 percent If, from deposits in the United States, gold, silver, copper, and iron ore. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 23. Termination of capital gains treatment for royalties from coal (a) In general Subsection (c) of section 631 of the Internal Revenue Code of 1986 is amended— (1) by striking coal (including lignite), or iron ore and inserting iron ore , (2) by striking coal or iron ore each place it appears and inserting iron ore , (3) by striking iron ore or coal each place it appears and inserting iron ore , and (4) by striking coal or in the heading. (b) Conforming amendment The heading of section 631 of the Internal Revenue Code of 1986 is amended by striking , coal, . (c) Effective date The amendments made by this section shall apply to dispositions after the date of the enactment of this Act. 24. Modifications of foreign tax credit rules applicable to oil, natural gas, and coal companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to oil, natural gas, and coal companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued to a foreign country or possession of the United States for any period by a dual capacity taxpayer which is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective Date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. 25. Increase in oil spill liability trust fund financing rate (a) In general Subparagraph (B) of section 4611(c)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (B) the Oil Spill Liability Trust Fund financing rate is— (i) in the case of crude oil received or petroleum products entered before January 1, 2013, 8 cents a barrel, (ii) in the case of crude oil received or petroleum products entered after December 31, 2013, and before January 1, 2017, 9 cents a barrel, and (iii) in the case of crude oil received or petroleum products entered after December 31, 2016, 10 cents a barrel. . (b) Effective date The amendment made by this section shall apply to crude oil received and petroleum products entered after the date of the enactment of this Act. 26. Application of certain environmental taxes to synthetic crude oil (a) In general Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Crude oil (A) In general The term crude oil includes crude oil condensates, natural gasoline, and synthetic crude oil. (B) Synthetic crude oil For purposes of subparagraph (A), the term synthetic crude oil means any bitumen and bituminous mixtures, any oil manufactured from bitumen and bituminous mixtures, and any liquid fuel manufactured from coal. . (b) Effective date The amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. 27. Denial of deduction for removal costs and damages for certain oil spills (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Expenses for removal costs and damages relating to certain oil spill liability No deduction shall be allowed under this chapter for any amount paid or incurred with respect to any costs or damages for which the taxpayer is liable under section 1002 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2702 ). . (b) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Expenses for removal costs and damages relating to certain oil spill liability. . (c) Effective date The amendments made by this section shall apply with respect to any liability arising in taxable years ending after the date of the enactment of this Act. 28. Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico (a) In general Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 56 Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico Sec. 5901. Imposition of tax. Sec. 5902. Taxable crude oil or natural gas and removal price. Sec. 5903. Special rules and definitions. 5901. Imposition of tax (a) In general In addition to any other tax imposed under this title, there is hereby imposed a tax equal to 13 percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period. (b) Credit for Federal royalties paid (1) In general There shall be allowed as a credit against the tax imposed by subsection (a) with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under Federal law with respect to such production. (2) Limitation The aggregate amount of credits allowed under paragraph (1) to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection (a) for such taxable period. (c) Tax paid by producer The tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas. 5902. Taxable crude oil or natural gas and removal price (a) Taxable crude oil or natural gas For purposes of this chapter, the term taxable crude oil or natural gas means crude oil or natural gas which is produced from Federal submerged lands on the outer Continental Shelf in the Gulf of Mexico pursuant to a lease entered into with the United States which authorizes the production. (b) Removal price For purposes of this chapter— (1) In general Except as otherwise provided in this subsection, the term removal price means— (A) in the case of taxable crude oil, the amount for which a barrel of such crude oil is sold, and (B) in the case of taxable natural gas, the amount per 1,000 cubic feet for which such natural gas is sold. (2) Sales between related persons In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. (3) Oil or natural gas removed from property before sale If crude oil or natural gas is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. (4) Refining begun on property If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property— (A) such oil shall be treated as removed on the day such manufacture or conversion begins, and (B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. (5) Property The term property has the meaning given such term by section 614. 5903. Special rules and definitions (a) Administrative requirements (1) Withholding and deposit of tax The Secretary shall provide for the withholding and deposit of the tax imposed under section 5901 on a quarterly basis. (2) Records and information Each taxpayer liable for tax under section 5901 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil or natural gas) with respect to such oil as the Secretary may by regulations prescribe. (3) Taxable periods; return of tax (A) Taxable period Except as provided by the Secretary, each calendar year shall constitute a taxable period. (B) Returns The Secretary shall provide for the filing, and the time for filing, of the return of the tax imposed under section 5901. (b) Definitions For purposes of this chapter— (1) Producer The term producer means the holder of the economic interest with respect to the crude oil or natural gas. (2) Crude oil The term crude oil includes crude oil condensates and natural gasoline. (3) Premises and crude oil product The terms premises and crude oil product have the same meanings as when used for purposes of determining gross income from the property under section 613. (c) Adjustment of removal price In determining the removal price of oil or natural gas from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed. (d) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. . (b) Deductibility of tax The first sentence of section 164(a) is amended by inserting after paragraph (6) the following new paragraph: (7) The tax imposed by section 5901(a) (after application of section 5901(b)) on the severance of crude oil or natural gas from the outer Continental Shelf in the Gulf of Mexico. . (c) Clerical amendment The table of chapters for subtitle E is amended by adding at the end the following new item: Chapter 56. Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico. . (d) Effective date The amendments made by this section shall apply to crude oil or natural gas removed after December 31, 2013. 29. Powder River Basin (a) Designation of the Powder River Basin as a coal producing region The Director of the Bureau of Land Management shall designate the Powder River Basin as a coal producing region. (b) Report Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Land Management shall submit to Congress a report that includes— (1) a study of the fair market value and the amount of royalties paid on coal leases in the Powder River Basin compared to other national and international coal markets; and (2) any policy recommendations to capture the future market value of the coal leases in the Powder River Basin. 30. Reports (a) Definition of fossil-Fuel-Production subsidy In this section, the term subsidy for fossil-fuel production means any direct funding, tax treatment or incentive, risk-reduction benefit, financing assistance or guarantee, royalty relief, or other provision that provides a financial benefit to a fossil fuel company for the production of fossil fuels. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury, in coordination with the Secretary of Energy, shall submit to Congress a report detailing each Federal law (including regulations), other than those amended by this Act, as in effect on the date on which the report is submitted, that includes a subsidy for fossil-fuel production. (c) Report on modified recovery period (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Commissioner of Internal Revenue, shall submit to Congress a report on the applicable recovery period under the accelerated cost recovery system provided in section 168 of the Internal Revenue Code of 1986 for each type of property involved in fossil-fuel production, including pipelines, power generation property, refineries, and drilling equipment, to determine if any assets are receiving a subsidy for fossil-fuel production. (2) Elimination of subsidy In the case of any type of property that the Commissioner of Internal Revenue determines is receiving a subsidy for fossil-fuel production under such section 168, for property placed in service in taxable years beginning after the date of such determination, such section 168 shall not apply. The preceding sentence shall not apply to any property with respect to a taxable year unless such determination is published before the first day of such taxable year.	https://www.govinfo.gov/content/pkg/BILLS-113hr3574ih/xml/BILLS-113hr3574ih.xml
113-hr-3575	I 113th CONGRESS 1st Session H. R. 3575 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. Jackson Lee (for herself, Mr. Thompson of Mississippi , Mr. Richmond , Ms. Loretta Sanchez of California , Ms. Clarke , Mr. Payne , Mr. Higgins , and Mr. Barber ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To establish conditions under which the Secretary of Homeland Security may commence U.S. Customs and Border Protection security screening operations at a preclearance facility outside the United States, and for other purposes. 1. Short title This Act may be cited as the Putting Security First in Preclearance Act . 2. Authority Notwithstanding any other provision of law, the Secretary of Homeland Security (in this Act referred to as the Secretary ) may establish conditions under which the Secretary may commence U.S. Customs and Border Protection security screening operations at a preclearance facility outside the United States only in accordance with the requirements of this Act. 3. Notice to Congress Not later than 90 days before entering into any agreement to commence security screening operations at a preclearance facility under section 2, the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with the following: (1) A notice of intent to commence such security screening operations. (2) A copy of the proposed agreement that is the subject of such notice of intent. (3) A comprehensive assessment that includes the following: (A) A homeland security threat assessment for the country in which such screening operations are proposed. (B) Information on the anticipated homeland security benefits associated with establishing such facility or commencing such security screening operations. (C) Information on potential security vulnerabilities associated with commencing such security screening operations, and mitigation plans to address such potential security vulnerabilities. (D) A U.S. Customs and Border Protection staffing model for such security screening operations and plans for how such positions would be filled. (E) Information about the anticipated impact on border security staffing at United States airports of the deployment of U.S. Customs and Border Protection officers to carry out such security screening operations. (F) Information on the anticipated costs over the next five fiscal years associated with commencing such security screening operations. (G) Information on anticipated funding sources for costs identified in subparagraph (F), including user fee collections. (H) Information on potential impacts on passengers traveling to the United States. (I) Other factors that the Secretary determines to be necessary for Congress to comprehensively assess the appropriateness of commencing such security screening operations. 4. Prohibition No U.S. Customs and Border Protection security screening positions at a preclearance facility outside the United States may be funded directly or through reimbursement by a foreign government or a foreign person.	https://www.govinfo.gov/content/pkg/BILLS-113hr3575ih/xml/BILLS-113hr3575ih.xml
113-hr-3576	I 113th CONGRESS 1st Session H. R. 3576 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. McCarthy of California (for himself and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on Armed Services 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 amend the Uniformed and Overseas Citizens Absentee Voting Act to improve ballot accessibility to uniformed services voters and overseas voters, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Elections for our Nation’s Troops through Reforms and Improvements Act or the SENTRI Act . I Amendments related to the Uniformed and Overseas Citizens Absentee Voting Act 101. Pre-election reporting requirement on transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(c) ) is amended by striking Not later than 90 days and inserting the following: (1) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, confirming— (i) the number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election, and (ii) whether those ballots were timely transmitted. (B) Matters to be included The report under subparagraph (A) shall include the following information: (i) Specific information about ballot transmission, including the total numbers of ballot requests received from such voters and ballots transmitted to such voters by the 46th day before the election from each unit of local government that will administer the election. (ii) If the chief State election official has incomplete information on any items required to be included in the report, an explanation of what information is incomplete information and efforts made to acquire such information. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (2) Post election report on number of absentee ballots transmitted and received Not later than 90 days . (b) Conforming amendment The heading for subsection (c) of section 102 of such Act ( 42 U.S.C. 1973ff–1(c) ) is amended by striking Report on number of absentee ballots transmitted and received and inserting Reports on absentee ballots . 102. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a) ) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act ( 42 U.S.C. 1973ff–1(g) ) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter, and (II) may be required by the State to be paid by a local jurisdiction if the State determines that election officials in such jurisdiction are responsible for the failure to transmit the ballot by any date required under this paragraph. (iv) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 46 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot not later than 3 business days after such request is received. . 103. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a)(3) ) is amended by striking general elections and inserting general, special, primary, and runoff elections . (b) Conforming amendment Section 103 of such Act ( 42 U.S.C. 1973ff–2 ) is amended— (1) in subsection (b)(2)(B), by striking general , and (2) in the heading thereof, by striking general . 104. Treatment of ballot requests (a) Application of prohibition of refusal of applications on grounds of early submission to overseas voters Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 ) is amended— (1) by inserting or overseas voter after submitted by an absent uniformed services voter ; and (2) by striking members of the uniformed services and inserting absent uniformed services voters or overseas voters . (b) Use of single application for subsequent elections (1) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 ) is amended— (A) by striking A State and inserting the following: (a) Prohibition of refusal of applications on grounds of early submission A State , and (B) by adding at the end the following new subsections: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exceptions Paragraph (1) shall not apply with respect to either of the following: (A) Voters changing registration A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) ). (B) Undeliverable ballots A voter whose ballot is returned by mail to the State or local election officials as undeliverable or, in the case of a ballot delivered electronically, if the email sent to the voter was undeliverable or rejected due to an invalid email address. . (2) Conforming amendment The heading of section 104 of such Act is amended by striking Prohibition of refusal of applications on grounds of early submission and inserting Treatment of ballot requests . (3) Revision to postcard form (A) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) ) enables a voter using the form to— (i) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or (ii) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (B) Presidential designee For purposes of this paragraph, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(a) ). 105. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6(6) ) are each amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands . 106. Biennial report on the effectiveness of activities of the federal voting assistance program and Comptroller General review (a) In general Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the matter preceding paragraph (1)— (A) by striking March 31 of each year and inserting June 30 of each odd-numbered year ; and (B) by striking the following information and inserting the following information with respect to the Federal elections held during the 2 preceding calendar years ; (2) in paragraph (1), by striking separate assessment each place it appears and inserting separate assessment and statistical analysis ; and (3) in paragraph (2)— (A) by striking section 1566a in the matter preceding subparagraph (A) and inserting sections 1566a and 1566b ; (B) by striking such section each place it appears in subparagraphs (A) and (B) and inserting such sections ; and (C) by adding at the end the following new subparagraphs: (C) The number of completed official postcard forms prescribed under section 101(b)(2) that were completed by absent uniformed services members and accepted and transmitted. (D) The number of absent uniformed services members who declined to register to vote under such sections. . (b) Comptroller General reviews Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4a ) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Comptroller General reviews (1) In general (A) Review The Comptroller General shall conduct a review of any reports submitted by the Presidential designee under subsection (b) with respect to elections occurring in calendar years 2014 through 2020. (B) Report Not later than 180 days after a report is submitted by the Presidential designee under subsection (b), the Comptroller General shall submit to the relevant committees of Congress a report containing the results of the review conducted under subparagraph (A). (2) Matters reviewed A review conducted under paragraph (1) shall assess— (A) the methodology used by the Presidential designee to prepare the report and to develop the data presented in the report, including the approach for designing, implementing, and analyzing the results of any surveys, (B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and provided by the Presidential designee to absent overseas uniformed services voters and overseas voters who are not members of the uniformed services, including an assessment of— (i) any steps taken toward improving the implementation of such voting assistance; and (ii) the extent of collaboration between the Presidential designee and the States in providing such voting assistance; and (C) any other information the Comptroller General considers relevant to the review. . (c) Conforming amendments (1) Section 101(b) of such Act ( 42 U.S.C. 1973ff(b) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) through (11) as paragraphs (6) through (10), respectively. (2) Section 102(a) of such Act ( 42 U.S.C. 1973ff–1(a) ) is amended— (A) in paragraph (5), by striking 101(b)(7) and inserting 101(b)(6) ; and (B) in paragraph (11), by striking 101(b)(11) and inserting 101(b)(10) . (3) Section 105A(b) of such Act (42 U.S.C. 1973ff–4a(b)) is amended— (A) by striking Annual report in the subsection heading and inserting Biennial report ; and (B) by striking In the case of in paragraph (3) and all that follows through a description and inserting A description . 107. Effective date The amendments made by this title shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each succeeding election for Federal office. II Provision of voter assistance to members of the Armed Forces 201. Provision of annual voter assistance (a) Annual voter assistance (1) In general Chapter 80 of title 10, United States Code, is amended by inserting after section 1566a the following new section: 1566b. Annual voter assistance (a) In general The Secretary of Defense shall carry out the following activities: (1) In coordination with the Secretary of each military department— (A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to— (i) register to vote in an election for Federal office; (ii) update the member's voter registration information; or (iii) request an absentee ballot; (B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A); and (C) require any such member who declines the offer for voter assistance under subparagraph (A) to indicate and record that decision. (2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that— (A) provides an electronic means for carrying out the requirements of paragraph (1); (B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(b) ), directs such individual to that system; and (C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) ) to register to vote and request an absentee ballot— (i) pre-populates such official postcard form with the personal information of such individual, and (ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official postcard form; or (II) transmits the completed official postcard form electronically to the appropriate State or local election officials. (3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers a notification via electronic means to such member that— (A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and (B) includes instructions on how to update such voter registration using the online system developed under paragraph (2). (b) Data collection The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation’s Troops through Reforms and Improvements Act and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)(2)) in a manner that complies with section 552a of title 5, United States Code, (commonly known as the Privacy Act of 1974) and imposes no new record management burden on any military unit or military installation. (c) Timing of voter assistance To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part of each servicemember’s annual training. (d) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot. . (2) Clerical amendment The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item: 1566b. Annual voter assistance. . (b) Report on status of implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b of title 10, United States Code, as added by subsection (a)(1). (2) Elements The report under paragraph (1) shall include— (A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b; (B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation; (C) the costs expected to be incurred in the implementation of such requirements; (D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with the applicable Department of Defense personnel databases that track military servicemembers' address changes; (E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section; (F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and (G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section. (3) Relevant committees of congress defined In this subsection, the term relevant committees of Congress means— (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. III Electronic voting systems 301. Repeal of electronic voting demonstration project Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 ( 42 U.S.C. 1973ff note) is repealed. IV Residency of military family members 401. Extending guarantee of residency for voting purposes to family members of absent military personnel (a) In general Subsection (b) of section 705 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 595 ) is amended— (1) by striking a person who is absent from a State because the person is accompanying the persons's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence and inserting a dependent of a person who is absent from a State in compliance with military orders shall not, solely by reason of absence, whether or not accompanying that person ; and (2) in the heading by striking Spouses and inserting Dependents . (b) Conforming amendment The heading of section 705 of such Act ( 50 U.S.C. App. 595 ) is amended by striking spouses and inserting dependents . (c) Effective date The amendments made by this section shall apply with respect to absences from States described in section 705(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 595(b) ), as amended by subsection (a), after the date of the enactment of this Act, regardless of the date of the military orders concerned.	https://www.govinfo.gov/content/pkg/BILLS-113hr3576ih/xml/BILLS-113hr3576ih.xml
113-hr-3577	I 113th CONGRESS 1st Session H. R. 3577 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Peters of California (for himself, Ms. Speier , Mr. Honda , Mr. Vargas , Mr. Swalwell of California , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish the Commission on Health Care Savings through Innovative Wireless Technologies. 1. Establishment There is established in the legislative branch a commission to be known as the Commission on Health Care Savings through Innovative Wireless Technologies (in this Act referred to as the Commission ). 2. Duties of Commission The duties of the Commission shall be the following: (1) Examine the cost savings to the United States health care system, if any, that can be achieved by increasing the use of wireless health information technologies (including technologies related to digital health, mobile health (mHealth), telehealth, telemedicine, e-Care, remote patient monitoring, and the collection of patient-generated health data) by patients, caregivers, and health care providers. (2) Examine existing scientific research studying the medical effectiveness of wireless health information technologies that deliver health care. (3) Examine existing payment models and incentive payment programs that provide Federal financial reimbursement or funding for the use of wireless health information technologies. (4) Examine options for Congress and for appropriate Federal agencies to incentivize and promote innovation and technological advancements in the area of wireless health information technologies. (5) Examine barriers to marketplace entry, whether technical or systemic, that impede efforts by persons and entities to develop new wireless health information technologies and to improve existing wireless health information technologies. (6) Identify appropriate situations for the integration of wireless health information technologies into Federal health care programs, and recommend methods for integrating such technologies into such programs. (7) Develop a proposal based on the findings of its examinations under this section for the establishment, implementation, and financing of a comprehensive program to encourage the further integration of wireless health information technologies into existing Federal health care programs. (8) Develop cost estimate approaches that the Congressional Budget Office can consider utilizing in order to more accurately assess the cost savings that the Federal Government can achieve by increasing the use of wireless health information technologies by patients, caregivers, and health care providers in the United States. 3. Membership (a) Number and appointment The Commission shall be composed of 19 individuals (such as the individuals described in subsection (b)) who have demonstrated experience or expertise with respect to wireless health information technologies and that are appointed not later than 45 days after the date of the enactment of this Act as follows: (1) Three members appointed by the President. (2) Two members appointed by the Speaker of the House of Representatives. (3) Two members appointed by the minority leader of the House of Representatives. (4) Two members appointed by the majority leader of the Senate. (5) Two members appointed by the minority leader of the Senate. (6) Four members appointed by the Secretary of Health and Human Services. (7) Four members appointed by the Chairman of the Federal Communications Commission. (b) Examples of individuals For purposes of subsection (a), individuals described in this subsection are— (1) representatives of— (A) health care providers; (B) group health plans, health insurance coverage offered in the group or individual market, and other third-party payers; (C) health information technology vendors; (D) small businesses or startup companies in the wireless health information technologies industry; (E) major research and academic institutions; and (F) patient advocacy groups; (2) health care professionals; (3) venture capital investors; and (4) individuals who have received health care treatment that included the use of wireless health information technologies and caregivers of such individuals. (c) Prohibition on Federal officers, employees, and Members of Congress serving as members No members appointed under subsection (a) may be officers or employees of the Federal Government or Members of Congress. (d) Terms Each member shall be appointed for the life of the Commission. (e) Basic pay and travel expenses Members shall serve without pay and without receipt of travel expenses. (f) Quorum Nine members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson The Chairperson of the Commission shall be elected by the members. (h) Meetings The Commission shall meet at the call of the Chairperson and may not meet fewer than nine times. 4. Director and staff of Commission; experts and consultants (a) Director The Commission shall have a Director who shall be appointed by the Commission to the extent or in the amounts provided in advance in appropriation Acts, the Director shall be paid at the rate of basic pay for level 4 of the Executive Schedule. (b) Staff The Commission may appoint personnel as it considers appropriate. (c) Applicability of certain civil service laws The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 5. Powers of Commission (a) Hearings and sessions Subject to rules prescribed by the Commission, the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, bequests, and devises To the extent or in the amounts provided in advance in appropriation Acts, the Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). 6. Reports (a) Interim reports The Commission shall submit to the President, the Congress, and such agencies as the Commission determines to be appropriate an interim report not later than 9 months after the final member is appointed to the Commission and such other interim reports as the Commission considers appropriate. (b) Final report The Commission shall transmit a final report to the President, the Congress, and such agencies as the Commission determines to be appropriate not later than 18 months after the final member is appointed to the Commission. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation and administrative actions the Commission considers appropriate. 7. Termination The Commission shall terminate on the date that is 60 days after submitting its final report pursuant to section 6(b).	https://www.govinfo.gov/content/pkg/BILLS-113hr3577ih/xml/BILLS-113hr3577ih.xml
113-hr-3578	I 113th CONGRESS 1st Session H. R. 3578 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. LoBiondo (for himself, Mr. Larsen of Washington , Mr. Bucshon , Mr. Graves of Missouri , Mr. Lipinski , and Mr. Meehan ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure that any new or revised requirement providing for the screening, testing, or treatment of an airman or an air traffic controller for a sleep disorder is adopted pursuant to a rulemaking proceeding, and for other purposes. 1. Medical certification requirements for airmen and air traffic controllers relating to sleep disorders (a) In general The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of an airman or an air traffic controller for a sleep disorder only if the requirement is adopted pursuant to a rulemaking proceeding. (b) Applicability Subsection (a) shall not apply to a requirement that was in force before November 1, 2013. (c) Definitions In this section, the following definitions apply: (1) Airman The term airman has the meaning given that term in section 40102(a) of title 49, United States Code. (2) Air traffic controller The term air traffic controller means a civilian employee of the Department of Transportation described in section 2109 of title 5, United States Code. (3) Sleep disorder The term sleep disorder includes obstructive sleep apnea.	https://www.govinfo.gov/content/pkg/BILLS-113hr3578ih/xml/BILLS-113hr3578ih.xml
113-hr-3579	I 113th CONGRESS 1st Session H. R. 3579 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Marchant (for himself, Mr. Brady of Texas , Mr. Sam Johnson of Texas , Mr. Roskam , Mr. Boustany , Mr. Tiberi , Mr. Nunes , Mr. Reichert , Mr. Gerlach , Mr. Price of Georgia , Ms. Jenkins , Mrs. Black , Mr. Schock , Mr. Young of Indiana , Mr. Kelly of Pennsylvania , Mr. Griffin of Arkansas , Mr. Renacci , Mr. Sessions , Mr. Flores , Mr. Conaway , Mr. Thornberry , Mr. Weber of Texas , Mr. Farenthold , Mr. Meadows , Mrs. Lummis , Mr. Petri , Mr. Carter , Ms. Granger , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require the Secretary of the Treasury to appear before certain committees of the Congress before the United States reaches the debt limit and defaults on Government obligations. 1. Short title This Act may be cited as the Debt Management Act of 2013 . 2. Secretary of the Treasury report to Congress before reaching debt limit (a) In general Subchapter II of chapter 31 of title 31, United States Code, is amended by adding at the end the following: 3131. Report before reaching debt limit (a) In general Not more than sixty days and not less than twenty-one days prior to any date on which the Secretary of the Treasury anticipates the public debt will reach the limit specified under section 3101, as modified by section 3101A, the Secretary shall appear before the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, to provide the information described under subsection (b). (b) Information required To be presented In an appearance described under subsection (a), the Secretary shall provide the following: (1) Debt Report A report on the state of the public debt, including— (A) the historical trajectory of the debt, major drivers of and their quantities to the current debt, and debt projections; and (B) how, if the debt limit is raised, the United States will meet existing debt obligations, including principal and interest. (2) Statement of intent A detailed explanation of— (A) any proposal of the President to reduce the structural deficit in the short-term (the following fiscal year), medium-term (approximately three to five years), and long-term (approximately ten years); (B) the impact an increased debt limit will have on future Government spending, service provision, and the status of the United States dollar as the international reserve currency; (C) projections of fiscal health and resilience to long-term entitlement program pressures (including Social Security, Medicare, and Medicaid), given the proposed measures to reduce the structural deficit and the amount of increase in the debt limit; and (D) any proposal of the President to reduce the debt-to-gross domestic product ratio, based on current trends, with the exclusion of extreme events (i.e. military, economic, and natural catastrophes). (3) Progress report (A) In general A detailed report on the progress of implementing all proposals of the President described under subparagraph (A) or (D) of paragraph (2). (B) Exception The report described under this paragraph shall only be provided if a Secretary has already appeared at least once pursuant to this section during any term of office for a particular President. . (b) Clerical amendment The table of analysis for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3130 the following: 3131. Report before reaching debt limit. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3579ih/xml/BILLS-113hr3579ih.xml
113-hr-3580	I 113th CONGRESS 1st Session H. R. 3580 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Education and the Workforce , Science, Space, and Technology , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of the Treasury to use revenue generated by certain fines, penalties, and settlements that are not designated for restitution or any other purpose to fund evidence-based youth mentoring projects, justice reinvestment efforts, and innovations in medical research and development. 1. Short title This Act may be cited as the America’s Fund for Future Opportunities and Outcomes in the United States Act of 2013 or America’s FOCUS Act of 2013 . 2. Findings Congress finds the following: (1) The United States faces increasing competition from countries with populations of a billion or more inhabitants, who contribute to the human capital of these countries and improve their performance in the global economy. (2) To ensure that the United States retains its leadership position in the global economy, the United States should maximize the opportunities and outcomes of its citizenry. (3) The United States can achieve this goal by investing in STEM education and character development for youth, justice reinvestment efforts, and innovations in medical research and development. (4) To fund these investments in the public interest, the United States should use revenue generated by acts perpetrated against the public interest. (5) As corporate and financial wrongdoing touches the lives of all Americans, revenue generated by such acts should serve as the basis for these investments. (6) This revenue should be used to assist programs and organizations seeking to better the Nation through their work in the youth mentoring, justice reinvestment, and medical research fields. (7) In 1998, Congress issued Federal charters to the Boys and Girls Clubs of America and Big Brothers Big Sisters of America in recognition of their work helping children reach their full potential and succeed in American public life. Youth mentoring organizations still carry out this work and are putting children on the path to self-sufficiency. These organizations include— (A) the Boys and Girls Clubs of America; (B) Big Brothers Big Sisters of America; (C) National CARES Mentoring Movement; (D) the First Tee; (E) Amachi; (F) FIRST Robotics; (G) the U.S. DREAM Academy; (H) GEAR UP; (I) the YMCA; (J) Civil Air Patrol; (K) the National Council of Youth Sports; (L) Girls Inc.; and (M) National Urban League. (8) Innovations in medical research and development significantly benefit the American people. For example, through innovations in the diagnosis and treatment of life-threatening diseases, Americans are now living longer and more productive lives, contributing to the economic growth of the United States. Additional investments in medical research and development will contribute to overall public health and productivity in America. (9) Through participation in the Justice Reinvestment Initiative, State governments have implemented evidence-based criminal justice reforms. These reforms are cost effective, redirecting revenue to better serve the public safety needs of local communities. In addition, these reforms have decreased risks of recidivism and instituted alternatives to incarceration for non-violent offenders. According to a July 2013 report from the Urban Institute, States participating in the Justice Reinvestment Initiative may achieve $3.3 billion in savings over the next 10 years. Additional funding to the Initiative would better enable State and local governments to carry out this work and achieve these savings. 3. America’s Focus Fund (a) Establishment There is established in the Treasury a separate account to be known as the America’s FOCUS Fund (hereafter in this Act referred to as the Fund ). (b) Revenue deposited in Fund Except as provided in subsection (c), the Secretary of the Treasury shall deposit in the Fund— (1) all revenue generated by civil and criminal fines and penalties for the violation or alleged violation of Federal law; (2) all revenue generated by legal settlements reached between corporations and the Federal Government for the violation or alleged violation of Federal law; and (3) any gift, bequest, or donation to the Fund from a private entity or individual, if such gift, bequest, or donation does not attach any condition inconsistent with Federal law or regulations. (c) Exceptions The Secretary may not deposit in the Fund— (1) revenue designated for deposit in the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601 ); or (2) revenue that has been designated by Federal law or court order for deposit in a fund other than the General Fund. (d) Use of funds (1) In General Revenue in the Fund shall be used for the following purposes: (A) Youth Mentoring Grants Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants for evidence-based youth mentoring and STEM education, in the manner provided in section 4. (B) Justice Reinvestment Grants Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants for evidence-based justice reinvestment, in the manner provided in section 5. (C) Medical Innovation Grants Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants and prizes for innovations in medical research and development, in the manner provided in section 6. (D) Reducing the Federal Debt The Secretary shall use the remaining revenue for Federal budget deficit reduction or, if there is no Federal budget deficit for the fiscal year, for reducing the Federal debt in such manner as the Secretary considers appropriate. (2) Requirement to supplement, not supplant other funds Grant funds awarded under this Act shall be used to supplement, and not supplant, other Federal, State, and local funds designated to carry out the activities funded by the grants. (e) Retention of sums in Fund Sums deposited in the Fund shall remain in the Fund and be available for expenditure for grants under this Act without fiscal year limitation. 4. Youth Mentoring Grants (a) In General (1) Youth mentoring grants The Secretary of Education, in cooperation with the Federal Mentoring Council, shall award grants to eligible entities that provide evidence-based youth mentoring programs, using the revenue designated for such purpose in subparagraph (A) of section 3(d)(1). (2) STEM education grants The Associate Administrator for Education for the National Aeronautics and Space Administration shall award grants to eligible entities that offer STEM education to individuals under the age of 21, using the revenue designated for such purpose in subparagraph (A) of section 3(d)(1). (b) Eligible entity An entity is eligible for a grant under this section if it is— (1) a national non-profit, community-based organization with at least 2 years of experience in administering STEM education programs or youth mentoring programs; or (2) a State or local government. (c) Application An entity seeking to receive a grant under this section shall submit an application at such time and in such form as the Secretary may reasonably require. (d) Distribution of funds Of the funds available under this section, 25 percent shall be allocated for the award of grants to State and local governments. (e) Use of funds (1) State and local governments (A) In General A State or local government that receives a grant under this section shall distribute the grant funds to non-profit, community-based organizations and local educational agencies within the jurisdiction of such government that provide evidence-based mentoring or STEM education to individuals under the age of 21. (B) Funds reserved for vulnerable youth A State or local government that receives grant funds under this section shall allocate not less than 50 percent of such funds for distribution to organizations described in subparagraph (A) that provide evidence-based mentoring or STEM education to vulnerable youth. (2) Other entities (A) In General An organization other than a State or local government that receives a grant under this section shall use the grant funds to establish or expand one or more programs that provide evidence-based mentoring or STEM education to individuals under the age of 21. (B) Funds reserved for persistent poverty counties An organization other than a State or local government that receives grant funds under this section shall allocate not less than 10 percent of such funds for programs that provide evidence-based mentoring or STEM education in persistent poverty counties. (f) Annual award of grants To the extent funds are available, the grants under this section shall be awarded at least once during each fiscal year, with the first grants to be awarded within 90 days after the date of the enactment of this Act. (g) Definitions In this section: (1) STEM education program The term STEM education program means a program to educate students in one or more of the following disciplines: science, technology, engineering, or mathematics. (2) Persistent poverty counties The term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. (3) Vulnerable youth The term vulnerable youth includes individuals under the age of 21— (A) who experience emotional and adjustment problems; (B) who have left or are at risk of leaving secondary school without a diploma; (C) who lack the skills to succeed in the workforce after graduation; (D) who live in an unstable family or community environment; (E) who are involved in the juvenile justice system; (F) who are homeless or live in foster care; (G) who have physical or mental disabilities; (H) who receive special education; (I) who are or have been victims of human trafficking; or (J) who live in neighborhoods with high rates of illegal drug use. 5. Justice Reinvestment Grants (a) In General The Attorney General shall use the revenue designated for justice reinvestment grants in subparagraph (B) of section 3(d)(1) to fund evidence-based justice reinvestment projects as part of the Justice Reinvestment Initiative and programs established under the Second Chance Act within the Department of Justice. (b) Use of funds (1) State and local governments (A) In General Except as provided in paragraphs (2) and (3), 50 percent of the funds under this section shall be used to award grants to State and local governments for evidence-based justice reinvestment projects. (B) Funds reserved for persistent poverty counties The Attorney General shall allocate not less than 10 percent of such funds for projects that support persistent poverty counties. (2) Federal Government The Attorney General may use not more than 25 percent of the funds under this section to support Federal justice reinvestment projects. (3) Second Chance Act Programs The Attorney General shall allocate not more than 25 percent of the funds in this section to grant programs established under the Second Chance Act within the Department of Justice. (c) Application An entity seeking to receive a grant under this section shall submit an application at such time and in such form as the Attorney General may reasonably require. (d) Annual award of grants To the extent funds are available, the Attorney General shall award grants under this section at least once during each fiscal year, with the first grants to be awarded within 90 days after the date of the enactment of this Act. (e) Persistent poverty counties defined In this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. 6. Medical Innovation Grants (a) In General The Director of the National Institutes of Health shall use the revenue designated for medical innovation in subparagraph (C) of section 3(d)(1) to fund entities that conduct innovative medical research and development. (b) Use of funds (1) Grants (A) In General Except as provided in paragraph (2), the funds available under this section shall be used to award grants to entities that conduct innovative medical research and development to provide faster cures for medical ailments and diseases. (B) Application An entity seeking to receive a grant under this paragraph shall submit an application at such time and in such form as the Director may reasonably require. (2) Prizes The Director may use not more than 15 percent of the funds available under this section to award monetary prizes to entities that have used their own funding and research facilities to produce innovative results in medical research and development. (c) Annual award of grants and prizes To the extent funds are available, the Director of the National Institutes of Health shall award the grants and prizes under this section at least once during each fiscal year, with the first grants and prizes to be awarded within 90 days after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3580ih/xml/BILLS-113hr3580ih.xml
113-hr-3581	I 113th CONGRESS 1st Session H. R. 3581 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Brady of Texas (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to clarify the employment tax treatment and reporting of wages paid by professional employer organizations, and for other purposes. 1. Short title This Act may be cited as the Small Business Efficiency Act . 2. Certified professional employer organizations (a) Employment taxes Chapter 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 3511. Certified professional employer organizations (a) General rules For purposes of the taxes, and other obligations, imposed by this subtitle— (1) a certified professional employer organization shall be treated as the employer (and no other person shall be treated as the employer) of any work site employee performing services for any customer of such organization, but only with respect to remuneration remitted by such organization to such work site employee, and (2) exclusions, definitions, and other rules which are based on the type of employer and which would (but for paragraph (1)) apply shall apply with respect to such taxes imposed on such remuneration. (b) Successor employer status For purposes of sections 3121(a)(1), 3231(e)(2)(C), and 3306(b)(1)— (1) a certified professional employer organization entering into a service contract with a customer with respect to a work site employee shall be treated as a successor employer and the customer shall be treated as a predecessor employer during the term of such service contract, and (2) a customer whose service contract with a certified professional employer organization is terminated with respect to a work site employee shall be treated as a successor employer and the certified professional employer organization shall be treated as a predecessor employer. (c) Liability of certified professional employer organization Solely for purposes of its liability for the taxes, and other obligations, imposed by this subtitle— (1) a certified professional employer organization shall be treated as the employer of any individual (other than a work site employee or a person described in subsection (f)) who is performing services covered by a contract meeting the requirements of section 7705(e)(2), but only with respect to remuneration remitted by such organization to such individual, and (2) exclusions, definitions, and other rules which are based on the type of employer and which would (but for paragraph (1)) apply shall apply with respect to such taxes imposed on such remuneration. (d) Treatment of credits (1) In general For purposes of any credit specified in paragraph (2)— (A) such credit with respect to a work site employee performing services for the customer applies to the customer, not the certified professional employer organization, (B) the customer, and not the certified professional employer organization, shall take into account wages and employment taxes— (i) paid by the certified professional employer organization with respect to the work site employee, and (ii) for which the certified professional employer organization receives payment from the customer, and (C) the certified professional employer organization shall furnish the customer with any information necessary for the customer to claim such credit. (2) Credits specified A credit is specified in this paragraph if such credit is allowed under— (A) section 41 (credit for increasing research activity), (B) section 45A (Indian employment credit), (C) section 45B (credit for portion of employer social security taxes paid with respect to employee cash tips), (D) section 45C (clinical testing expenses for certain drugs for rare diseases or conditions), (E) section 45R (employee health insurance expenses of small employers), (F) section 51 (work opportunity credit), (G) section 51A (temporary incentives for employing long-term family assistance recipients), (H) section 1396 (empowerment zone employment credit), (I) 1400(d) (DC Zone employment credit), (J) Section 1400H (renewal community employment credit), and (K) any other section as provided by the Secretary. (e) Special rule for related party This section shall not apply in the case of a customer which bears a relationship to a certified professional employer organization described in section 267(b) or 707(b). For purposes of the preceding sentence, such sections shall be applied by substituting 10 percent for 50 percent . (f) Special rule for certain individuals For purposes of the taxes imposed under this subtitle, an individual with net earnings from self-employment derived from the customer's trade or business is not a work site employee with respect to remuneration paid by a certified professional employer organization. (g) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Certified professional employer organization defined Chapter 79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7705. Certified professional employer organizations defined (a) In general For purposes of this title, the term certified professional employer organization means a person who has been certified by the Secretary for purposes of section 3511 as meeting the requirements of subsection (b). (b) General requirements A person meets the requirements of this subsection if such person— (1) demonstrates that such person (and any owner, officer, and such other persons as may be specified in regulations) meets such requirements as the Secretary shall establish with respect to tax status, background, experience, business location, and annual financial audits, (2) computes its taxable income using an accrual method of accounting unless the Secretary approves another method, (3) agrees that it will satisfy the bond and independent financial review requirements of subsection (c) on an ongoing basis, (4) agrees that it will satisfy such reporting obligations as may be imposed by the Secretary, (5) agrees to verify on such periodic basis as the Secretary may prescribe that it continues to meet the requirements of this subsection, and (6) agrees to notify the Secretary in writing within such time as the Secretary may prescribe of any change that materially affects whether it continues to meet the requirements of this subsection. (c) Bond and independent financial review requirements (1) In general An organization meets the requirements of this paragraph if such organization— (A) meets the bond requirements of paragraph (2), and (B) meets the independent financial review requirements of paragraph (3). (2) Bond (A) In general A certified professional employer organization meets the requirements of this paragraph if the organization has posted a bond for the payment of taxes under subtitle C (in a form acceptable to the Secretary) in an amount at least equal to the amount specified in subparagraph (B). (B) Amount of bond For the period April 1 of any calendar year through March 31 of the following calendar year, the amount of the bond required is equal to the greater of— (i) 5 percent of the organization's liability under section 3511 for taxes imposed by subtitle C during the preceding calendar year (but not to exceed $1,000,000), or (ii) $50,000. (3) Independent financial review requirements A certified professional employer organization meets the requirements of this paragraph if such organization— (A) has, as of the most recent review date, caused to be prepared and provided to the Secretary (in such manner as the Secretary may prescribe) an opinion of an independent certified public accountant that the certified professional employer organization's financial statements are presented fairly in accordance with generally accepted accounting principles, and (B) provides, not later than the last day of the second month beginning after the end of each calendar quarter, to the Secretary from an independent certified public accountant an assertion regarding Federal employment tax payments and an examination level attestation on such assertion. Such assertion shall state that the organization has withheld and made deposits of all taxes imposed by chapters 21, 22, and 24 of the Internal Revenue Code in accordance with regulations imposed by the Secretary for such calendar quarter and such examination level attestation shall state that such assertion is fairly stated, in all material respects. (4) Controlled group rules For purposes of the requirements of paragraphs (2) and (3), all professional employer organizations that are members of a controlled group within the meaning of sections 414(b) and (c) shall be treated as a single organization. (5) Failure to file assertion and attestation If the certified professional employer organization fails to file the assertion and attestation required by paragraph (3) with respect to any calendar quarter, then the requirements of paragraph (3) with respect to such failure shall be treated as not satisfied for the period beginning on the due date for such attestation. (6) Review date For purposes of paragraph (3)(A), the review date shall be 6 months after the completion of the organization's fiscal year. (d) Suspension and revocation authority The Secretary may suspend or revoke a certification of any person under subsection (b) for purposes of section 3511 if the Secretary determines that such person is not satisfying the representations or requirements of subsections (b) or (c), or fails to satisfy applicable accounting, reporting, payment, or deposit requirements. (e) Work site employee For purposes of this title— (1) In general The term work site employee means, with respect to a certified professional employer organization, an individual who— (A) performs services for a customer pursuant to a contract which is between such customer and the certified professional employer organization and which meets the requirements of paragraph (2), and (B) performs services at a work site meeting the requirements of paragraph (3). (2) Service contract requirements A contract meets the requirements of this paragraph with respect to an individual performing services for a customer if such contract is in writing and provides that the certified professional employer organization shall— (A) assume responsibility for payment of wages to such individual, without regard to the receipt or adequacy of payment from the customer for such services, (B) assume responsibility for reporting, withholding, and paying any applicable taxes under subtitle C, with respect to such individual's wages, without regard to the receipt or adequacy of payment from the customer for such services, (C) assume responsibility for any employee benefits which the service contract may require the organization to provide, without regard to the receipt or adequacy of payment from the customer for such services, (D) assume responsibility for hiring, firing, and recruiting workers in addition to the customer's responsibility for hiring, firing and recruiting workers, (E) maintain employee records relating to such individual, and (F) agree to be treated as a certified professional employer organization for purposes of section 3511 with respect to such individual. (3) Work site coverage requirement The requirements of this paragraph are met with respect to an individual if at least 85 percent of the individuals performing services for the customer at the work site where such individual performs services are subject to 1 or more contracts with the certified professional employer organization which meet the requirements of paragraph (2) (but not taking into account those individuals who are excluded employees within the meaning of section 414(q)(5)). (f) Determination of employment status Except to the extent necessary for purposes of section 3511, nothing in this section shall be construed to affect the determination of who is an employee or employer for purposes of this title. (g) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (c) Conforming amendments (1) Section 3302 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Treatment of certified professional employer organizations If a certified professional employer organization (as defined in section 7705), or a customer of such organization, makes a contribution to the State's unemployment fund with respect to a work site employee, such organization shall be eligible for the credits available under this section with respect to such contribution. . (2) Section 3303(a) of such Code is amended— (A) by striking the period at the end of paragraph (3) and inserting ; and and by inserting after paragraph (3) the following new paragraph: (4) if the taxpayer is a certified professional employer organization (as defined in section 7705) that is treated as the employer under section 3511, such certified professional employer organization is permitted to collect and remit, in accordance with paragraphs (1), (2), and (3), contributions during the taxable year to the State unemployment fund with respect to a work site employee. , and (B) in the last sentence— (i) by striking paragraphs (1), (2), and (3) and inserting paragraphs (1), (2), (3), and (4) , and (ii) by striking paragraph (1), (2), or (3) and inserting paragraph (1), (2), (3), or (4) . (3) Section 6053(c) of such Code is amended by adding at the end the following new paragraph: (8) Certified professional employer organizations For purposes of any report required by this subsection, in the case of a certified professional employer organization that is treated under section 3511 as the employer of a work site employee, the customer with respect to whom a work site employee performs services shall be the employer for purposes of reporting under this section and the certified professional employer organization shall furnish to the customer any information necessary to complete such reporting no later than such time as the Secretary shall prescribe. . (d) Clerical amendments (1) The table of sections for chapter 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 3511. Certified professional employer organizations. . (2) The table of sections for chapter 79 of such Code is amended by inserting after the item relating to section 7704 the following new item: Sec. 7705. Certified professional employer organizations defined. . (e) Reporting requirements and obligations The Secretary of the Treasury shall develop such reporting and recordkeeping rules, regulations, and procedures as the Secretary determines necessary or appropriate to ensure compliance with the amendments made by this section with respect to entities applying for certification as certified professional employer organizations or entities that have been so certified. Such rules shall include— (1) notification of the Secretary in the case of the commencement or termination of a service contract described in section 7705(e)(2) of the Internal Revenue Code of 1986 between such a person and a customer, and the employer identification number of such customer, and (2) such other information as the Secretary determines is essential to promote compliance with respect to the credits identified in section 3511(d) of such Code, and shall be designed in a manner which streamlines, to the extent possible, the application of requirements of such amendments, the exchange of information between a certified professional employer organization and its customers, and the reporting and recordkeeping obligations of the certified professional employer organization. (f) User fees Subsection (b) of section 7528 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Certified professional employer organizations The annual fee charged under the program in connection with the ongoing certification by the Secretary of a professional employer organization under section 7705 shall not exceed $1,000. . (g) Effective dates (1) In general The amendments made by this section shall apply with respect to wages for services performed on or after January 1 of the first calendar year beginning more than 12 months after the date of the enactment of this Act. (2) Certification program The Secretary of the Treasury shall establish the certification program described in section 7705(b) of the Internal Revenue Code of 1986, as added by subsection (b), not later than 6 months before the effective date determined under paragraph (1). (h) No inference Nothing contained in this section or the amendments made by this section shall be construed to create any inference with respect to the determination of who is an employee or employer— (1) for Federal tax purposes (other than the purposes set forth in the amendments made by this section), or (2) for purposes of any other provision of law.	https://www.govinfo.gov/content/pkg/BILLS-113hr3581ih/xml/BILLS-113hr3581ih.xml
113-hr-3582	I 113th CONGRESS 1st Session H. R. 3582 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Blumenauer (for himself, Mr. Hanna , Mr. Petri , Mr. Duncan of Tennessee , Mr. Whitfield , Mr. Moran , Mr. Bishop of New York , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Ways and Means and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a Water Infrastructure Investment Trust Fund, and for other purposes. 1. Short title This Act may be cited as the Water Trust Fund Act of 2013 . 2. Establishment and funding of Water Infrastructure Investment Trust Fund (a) Water Infrastructure Investment Trust Fund (1) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: 9512. Water Infrastructure Investment Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Water Infrastructure Investment Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Water Infrastructure Investment Trust Fund amounts equivalent to the fees received in the Treasury before January 1, 2019, under section 2(b) of the Water Infrastructure Investment Act of 2013 . (c) Expenditures Except as provided by subsection (d), amounts in the Water Infrastructure Investment Trust Fund shall be available, without further appropriation, as follows: (1) 85 percent of the amounts shall be available to the Administrator of the Environmental Protection Agency for making capitalization grants under section 601 of the Federal Water Pollution Control Act ( 33 U.S.C. 1377 ). (2) 15 percent of the amounts shall be available to the Secretary of the Treasury for carrying out the innovative financing program established under section 3 of the Water Infrastructure Investment Act of 2013 . (d) Limitation on expenditures Amounts in the Water Infrastructure Investment Trust Fund may not be made available for a fiscal year unless the funds appropriated to the Clean Water State Revolving Fund through annual capitalization grants is not less than the average of the annual amounts provided in capitalization grants under section 601 of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 ) for the 5-fiscal-year period immediately preceding such fiscal year. . (2) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Water Infrastructure Investment Trust Fund. . (b) Voluntary labeling system (1) In general The Secretary of the Treasury, in consultation with the Administrator of the Food and Drug Administration, manufacturers, producers, and importers, shall develop and implement a program under which the Secretary provides a label designed in consultation with manufacturers, producers, and importers suitable for placement on products to inform consumers that the manufacturer, producer, or importer of the product, and other stakeholders, participates in the Water Infrastructure Investment Trust Fund and is contributing to America’s clean water. (2) Fee The Secretary shall provide a label for a fee of three cents per unit. Amounts received by the Secretary shall be deposited in the general fund of the Treasury. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Establishment of innovative financing program (a) In general The Secretary of the Treasury shall establish an innovative financing program to make financial assistance available for projects eligible under section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) ). (b) Use of TIFIA program as model The Secretary shall model the program after the Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA) program established in chapter 6 of title 23, United States Code. (c) Funding The Secretary shall carry out this section using funds made available for that purpose out of the Water Infrastructure Investment Trust Fund.	https://www.govinfo.gov/content/pkg/BILLS-113hr3582ih/xml/BILLS-113hr3582ih.xml
113-hr-3583	I 113th CONGRESS 1st Session H. R. 3583 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. Ros-Lehtinen (for herself, Ms. Granger , and Mrs. Lowey ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To expand the number of scholarships available to Pakistani women under the Merit and Needs-Based Scholarship Program. 1. Short title This Act may be cited as the Malala Yousafzai Scholarship Act . 2. Findings (a) Findings Congress makes the following findings: (1) On October 9, 2012, 15-year-old Malala Yousafzai was shot in the head by Taliban gunmen in Pakistan on her way home from school. (2) When Malala was 11 years old, she bravely stood up to the Taliban and wrote a secret blog documenting their crackdown on women’s rights and education in 2009. (3) Malala’s advocacy for women’s education made her a target of the Taliban. (4) The Taliban called Malala’s efforts to highlight the need for women’s education an obscenity . (5) On July 12, 2013, Malala celebrated her 16th birthday by delivering a speech before the United Nations General Assembly in which she said, So let us wage a glorious struggle against illiteracy, poverty, and terrorism. Let us pick up our books and our pens. They are the most powerful weapons. One child, one teacher, one book, and one pen can change the world. Education is the only solution. . (6) According to the United Nation’s 2012 Education for All Global Monitoring Report, Pakistan has the second largest number of children out of school [in the world] and nearly half of rural females have never been to school. . (7) According to a Council on Foreign Relations report titled What Works in Girls’ Education , A 100-country study by the World Bank shows that increasing the share of women with a secondary education by 1 percent boosts annual per capita income growth by 0.3 percentage points. . (8) According to the World Bank, The benefits of women’s education go beyond higher productivity for 50 percent of the population. More educated women also tend to be healthier, participate more in the formal labor market, earn more income, have fewer children, and provide better health care and education to their children, all of which eventually improve the well-being of all individuals and lift households out of poverty. These benefits also transmit across generations, as well as to their communities at large. . (9) According to United Nation’s 2012 Education For All Global Monitoring Report, education can make a big difference to women’s earnings. In Pakistan, women with a high level of literacy earned 95 percent more than women with no literacy skills. . (10) In January 2010, Secretary of State Hillary Rodham Clinton stated, We will open the doors of education to all citizens, but especially to girls and women … We are doing all of these things because we have seen that when women and girls have the tools to stay healthy and the opportunity to contribute to their families’ well-being, they flourish and so do the people around them. . (11) The United States provides critical foreign assistance to Pakistan’s education sector to improve access to and the quality of basic and higher education. (12) The Merit and Needs-Based Scholarship Program administered by the United States Agency for International Development awards scholarships to academically talented, financially needy Pakistani students from remote regions of the country to pursue bachelor’s or master’s degrees at participating Pakistani universities. (13) Fifty percent of the 974 Merit and Needs-Based Scholarships awarded during fiscal year 2013 were awarded to Pakistani women. Historically, only 25 percent of such scholarships have been awarded to women. (14) The United Nations declared July 12 as Malala Day —a global day of support for and recognition of Malala’s bravery and courage in promoting women’s education. (15) On December 10, 2012, the United Nations and the Government of Pakistan launched the Malala Fund for Girls' Education to improve girls' access to education worldwide, with Pakistan donating the first $10,000,000 to the Fund. (16) More than 1,000,000 people around the world have signed the United Nations Special Envoy for Global Education petition calling on the Government of Pakistan to enroll every boy and girl in primary school. (17) Pakistani civil society organizations collected almost 2,000,000 signatures from Pakistanis on a petition dedicated to Malala’s cause of education for all. 3. Sense of Congress (a) In general It is the sense of Congress that— (1) every individual should have the opportunity to pursue an education; (2) every individual, regardless of gender, should have the opportunity to pursue an education without fear of discrimination; and (3) educational exchanges promote institutional linkages between the United States and Pakistan. (b) Continued support for educational initiatives in Pakistan Congress encourages the Department of State and the United States Agency for International Development to continue their support for initiatives led by the Government of Pakistan and Pakistani civil society that promote education in Pakistan, especially education for women. 4. Merit and Needs-Based Scholarship Program (a) Expansion Using funding made available under section 6, the Administrator of the United States Agency for International Development (referred to in this Act as the USAID Administrator ) shall increase the number of scholarships to women under the Merit and Needs-Based Scholarship Program (referred to in this Act as the Program ) during each of the calendar years 2013 through 2015 over the level awarded to women in calendar year 2011. (b) Limitations (1) Criteria The additional scholarships available under subsection (a) may only be awarded in accordance with other scholarship eligibility criteria already established by USAID. (2) Academic disciplines Additional scholarships authorized under subsection (a) shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. (3) Other scholarships The USAID Administrator shall make every effort to award 50 percent of the scholarships available under the Program to Pakistani women. 5. Annual congressional briefing (a) In general The USAID Administrator shall designate appropriate USAID officials to brief the appropriate congressional committees, not later than 1 year after the date of enactment of this Act, and annually thereafter for the next 3 years, on the implementation of section 4. (b) Contents The briefing described in subsection (a) shall include, among other relevant information, for the most recently concluded fiscal year— (1) the total number of scholarships that were awarded through the Program, including a breakdown by gender; (2) the disciplines of study chosen by the scholarship recipients; (3) the percentage of the scholarships that were awarded to students seeking a bachelor’s degree or a master’s degree, respectively; and (4) the percentage of scholarship recipients that voluntarily dropped out of school or were involuntarily pushed out of the program for failure to meet program requirements. 6. Funding Of the amounts authorized to be appropriated for fiscal year 2014 pursuant to title I of the Enhanced Partnership with Pakistan Act of 2009 ( 22 U.S.C. 8411 et seq. ), $3,000,000 shall be made available for scholarships authorized under section 4(a).	https://www.govinfo.gov/content/pkg/BILLS-113hr3583ih/xml/BILLS-113hr3583ih.xml
113-hr-3584	I 113th CONGRESS 1st Session H. R. 3584 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Stivers introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Home Loan Bank Act to authorize privately insured credit unions to become members of a Federal home loan bank, and for other purposes. 1. Privately insured credit unions authorized to become members of a Federal home loan bank (a) In general Section 4(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1424(a) ) is amended by adding at the end the following new paragraph: (5) Certain privately insured credit unions (A) In general Subject to the requirements of subparagraph (B), a credit union shall be treated as an insured depository institution for purposes of determining the eligibility of such credit union for membership in a Federal home loan bank under paragraphs (1), (2), and (3). (B) Certification by appropriate supervisor (i) In general For purposes of this paragraph and subject to clause (ii), a credit union which lacks Federal deposit insurance and which has applied for membership in a Federal home loan bank may be treated as meeting all the eligibility requirements for Federal deposit insurance only if the appropriate supervisor of the State in which the credit union is chartered has determined that the credit union meets all the eligibility requirements for Federal deposit insurance as of the date of the application for membership. (ii) Certification deemed valid If, in the case of any credit union to which clause (i) applies, the appropriate supervisor of the State in which such credit union is chartered fails to make a determination pursuant to such clause by the end of the 6-month period beginning on the date of the application, the credit union shall be deemed to have met the requirements of clause (i). (C) Security interests of federal home loan bank not avoidable Notwithstanding any provision of State law authorizing a conservator or liquidating agent of a credit union to repudiate contracts, no such provision shall apply with respect to— (i) any extension of credit from any Federal home loan bank to any credit union which is a member of any such bank pursuant to this paragraph; or (ii) any security interest in the assets of such credit union securing any such extension of credit. . (b) Copies of audits of private insurers of certain depository institutions required To be provided to supervisory agencies Section 43(a)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t(a)(2) ) is amended— (1) by striking and at the end of subparagraph (A)(i); (2) by striking the period at the end of clause (ii) of subparagraph (A) and inserting a semicolon; (3) by inserting the following new clauses at the end of subparagraph (A): (iii) in the case of depository institutions described in subsection (e)(2)(A) the deposits of which are insured by the private insurer, the National Credit Union Administration, not later than 7 days after that audit is completed; and (iv) in the case of depository institutions described in subsection (e)(2)(A) the deposits of which are insured by the private insurer which are members of a Federal home loan bank, the Federal Housing Finance Agency, not later than 7 days after that audit is completed. ; and (4) by adding at the end the following new subparagraph: (C) Consultation The appropriate supervisory agency of each State in which a private deposit insurer insures deposits in an institution described in subsection (e)(2)(A) which— (i) lacks Federal deposit insurance; and (ii) has become a member of a Federal home loan bank, shall provide the National Credit Union Administration, upon request, with the results of any examination and reports related thereto concerning the private deposit insurer which such agency may have in its possession. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3584ih/xml/BILLS-113hr3584ih.xml
113-hr-3585	I 113th CONGRESS 1st Session H. R. 3585 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Smith of New Jersey (for himself and Mr. Sires ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To direct the President to submit to Congress a report on fugitives currently residing in other countries whose extradition is sought by the United States and related matters. 1. Short title This Act may be cited as the Walter Patterson and Werner Foerster Justice and Extradition Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) Extradition is the formal surrender of a person by one state to another state for prosecution or punishment. (2) Refusal by other nations to extradite or otherwise render to the United States fugitives within their jurisdiction who have been convicted of committing crimes on United States soil impedes the judicial process and undermines the rule of law. (3) The United States has bilateral extradition treaties with more than 100 nations and an extradition agreement with the European Union. (4) The United States has bilateral extradition treaties with Portugal and Cuba. (5) The failure to bring criminal fugitives to justice in the United States is an affront to the victims of those crimes. (6) The refusal of Portugal, a close ally and good friend of the United States, to extradite George Wright, convicted of the 1962 murder of Walter Patterson, fugitive from justice since his 1970 escape from the Bayside State Prison in New Jersey, is a deplorable example of a failure to extradite, and has caused ongoing suffering and stress to Mr. Patterson’s surviving family and friends. (7) The refusal of Cuba to extradite or otherwise render Joanne Chesimard, an escaped convict who fled to Cuba after killing Werner Foerster, New Jersey State Trooper, is a deplorable example of a failure to extradite or otherwise render, and has caused ongoing suffering and stress to Mr. Foerster’s surviving family and friends. (8) The refusals to extradite George Wright and Joanne Chesimard are emblematic of a number of such refusals from other nations, such that United States policies and efforts to secure extradition and the extradition policies of countries from which the United States seeks extradition and rendition bear further examination. (9) Such examination will be promoted by the issuance of a public report on the status of extradition requests by the United States and related matters. (b) Purpose The purpose of this Act is to provide information necessary to evaluate and thereby strengthen United States Government efforts to extradite fugitives. 3. Report (a) In general Not later than 270 days after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, the President shall submit to the appropriate congressional committees a report on— (1) the number of fugitives, and others for whom the United States Government is seeking extradition or rendition, currently residing in other countries whose extradition is sought by the United States and a list of those countries; (2) diplomatic and other efforts, if any, the United States has undertaken to secure the return of such fugitives; (3) the average length of time these cases have been outstanding; (4) how many of these cases have been resolved to the satisfaction of the United States; (5) factors that have been barriers to the resolution of these cases; and (6) information on the number of United States citizens whose extradition has been sought by other countries during the past 5 years, a list of those countries seeking extradition, and the outcomes of those requests. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.	https://www.govinfo.gov/content/pkg/BILLS-113hr3585ih/xml/BILLS-113hr3585ih.xml
113-hr-3586	I 113th CONGRESS 1st Session H. R. 3586 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Petri 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 a credit and a deduction for small political contributions. 1. Short title This Act may be cited as the Citizen Involvement in Campaigns Act of 2013 . 2. Tax credit for certain political contributions (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. Credit for certain political contributions (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to all qualified political contributions paid by the taxpayer during the taxable year. (b) Limitations (1) Maximum credit The credit allowed by subsection (a) shall not exceed $200 ($400 in the case of a joint return). (2) Verification The credit allowed by subsection (a) shall be allowed with respect to any qualified political contribution only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. (c) Definitions For purposes of this section— (1) Qualified political contribution The term qualified political contribution means a contribution or gift of money, or the fair market value of a contribution or gift of property, to— (A) an individual who is a candidate for nomination or election to any Federal elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office, or (B) the national committee of a national political party. (2) Candidate The term candidate means, with respect to any Federal elective public office, an individual who— (A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and (B) meets the qualifications prescribed by law to hold such office. (3) National political party The term national political party means— (A) in the case of qualified political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or (B) in the case of qualified political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. (d) Election not To have section apply A taxpayer may elect not to have this section apply with respect to qualified political contributions made during the taxable year. (e) Cross references (1) For transfer of appreciated property to a political organization, see section 84. (2) For certain indirect contributions to political parties, see section 276. . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Credit for certain political contributions. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. 3. Deduction for certain political contributions (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Political contributions (a) In general In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified political contributions made by the taxpayer during the taxable year. (b) Limitation The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $600 ($1200 in the case of a joint return). (c) Qualified political contribution For purposes of this section, the term qualified political contribution shall have the meaning given such term by section 25E(c)(1). (d) Denial of double benefit No deduction shall be allowed under subsection (a) to a taxpayer for any qualified political contribution made during the taxable year if a credit is allowed to such taxpayer under section 25E for such year. . (b) Deduction allowed whether or not taxpayer itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: (22) Qualified political contributions The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: Sec. 224. Political contributions. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted.	https://www.govinfo.gov/content/pkg/BILLS-113hr3586ih/xml/BILLS-113hr3586ih.xml
113-hr-3587	I 113th CONGRESS 1st Session H. R. 3587 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Gardner (for himself, Mr. Welch , and Mr. Bucshon ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Energy Conservation Policy Act to provide guidance on utility energy service contracts used by Federal agencies, and for other purposes. 1. Short title This Act may be cited as the Utility Energy Service Contracts Improvement Act of 2013 . 2. Findings Congress finds that— (1) the Federal Government is the largest consumer of energy in the United States; (2) Federal agencies are expected to meet, by law, Executive order, and mandate, stringent energy efficiency and conservation targets; (3) the utility energy service contract (referred to in this section as UESC ) was developed to provide Federal agencies an effective means to implement energy efficiency, renewable energy, and water efficiency projects, and has been used successfully to invest nearly $2,700,000,000 in property at Federal facilities; (4) the General Services Administration, which manages more than 9,600 Federal properties and is the lead agency for procuring utility services for the Federal Government, has determined that UESCs may extend beyond a 10-year period under the law; (5) the Federal Energy Management Program, which oversees the UESC program and is a principal office guiding agencies to use funding more effectively in meeting Federal and agency-specific energy and resource management objectives, has determined that UESCs may extend beyond a 10-year period under the law; (6) extensive precedent exists for Federal agencies to contract for energy saving services using contracts with term limits of more than 10 years but not to exceed 25 years; (7) a number of Federal agencies, contrary to congressional intent, have sought to limit UESC term limits to periods of less than 10 years; and (8) greater flexibility with UESCs will help reduce the operational cost of Federal agencies, ultimately saving money for taxpayers. 3. Utility energy service contracts Part 3 of title V of the National Energy Conservation Policy Act is amended by adding after section 553 ( 42 U.S.C. 8259b ) the following: 554. Utility energy service contracts (a) In general Each Federal agency may use, to the maximum extent practicable, measures provided by law to meet energy efficiency and conservation mandates and laws, including through utility energy service contracts. (b) Contract period A utility energy service contract entered into by a Federal agency may have a contract period that extends beyond 10 years, but not to exceed 25 years. (c) Requirements The conditions of a utility energy service contract entered into by a Federal agency shall include requirements for measurement, verification, and performance assurances or guarantees of the savings. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3587ih/xml/BILLS-113hr3587ih.xml
113-hr-3588	I 113th CONGRESS 1st Session H. R. 3588 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Johnson of Ohio (for himself and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act to exempt fire hydrants from the prohibition on the use of lead pipes, fittings, fixtures, solder, and flux. 1. Short title This Act may be cited as the Community Fire Safety Act of 2013 . 2. Exempting fire hydrants from prohibition on use of lead Section 1417(a)(4)(B) of the Safe Drinking Water Act is amended by inserting fire hydrants, after shower valves, . 3. Evaluation of sources of lead in water distribution systems and alternate routing systems The Administrator of the Environmental Protection Agency shall— (1) consult with and seek the advice of the National Drinking Water Advisory Council on potential changes to the regulations pertaining to lead under the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and (2) request the Council to consider sources of lead throughout drinking water distribution systems, including through components used to reroute drinking water during distribution system repairs.	https://www.govinfo.gov/content/pkg/BILLS-113hr3588ih/xml/BILLS-113hr3588ih.xml
113-hr-3589	I 113th CONGRESS 1st Session H. R. 3589 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Chabot introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To terminate the Denali Commission, and for other purposes. 1. Short title This Act may be cited as the Eliminate the Commission to Nowhere Act of 2013 . 2. Termination of Denali Commission (a) Termination The Denali Commission is terminated. (b) Transfers The authority of any Federal department or agency to transfer funds to the Denali Commission shall cease to be effective. (c) Repeals (1) The Denali Commission Act of 1998 ( 42 U.S.C. 3121 note) is repealed. (2) Section 329(b) of division A of Public Law 105–277 (112 Stat. 2681–470(b)) is repealed. (d) Conclusion of business The Secretary of Commerce shall take such actions as may be necessary and appropriate to conclude the outstanding affairs of the Denali Commission, including dispositions of personnel, assets, and obligations. (e) Limitation on statutory construction This section may not be construed to prevent the expenditure of any funds received before the effective date of this Act. Such funds shall be subject to the laws and regulations that would have applied to the funds if this section had not been enacted. 3. Effective date This Act shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3589ih/xml/BILLS-113hr3589ih.xml
113-hr-3590	I 113th CONGRESS 1st Session H. R. 3590 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Latta (for himself, Mr. Thompson of Mississippi , Mr. Wittman , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture , the Judiciary , Transportation and Infrastructure , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title This Act may be cited as the Sportsmen’s Heritage And Recreational Enhancement Act of 2013 or the SHARE Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Hunting, Fishing and Recreational Shooting Protection Act Sec. 101. Short title. Sec. 102. Modification of definition. Title II—Target Practice and Marksmanship Training Support Act Sec. 201. Short title. Sec. 202. Findings; purpose. Sec. 203. Definition of public target range. Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 205. Limits on liability. Sec. 206. Sense of Congress regarding cooperation. Title III—Public Lands Filming Sec. 301. Purpose. Sec. 302. Annual permit and fee for film crews of 5 persons or fewer. Title IV—Polar Bear Conservation and Fairness Act Sec. 401. Short title. Sec. 402. Permits for importation of polar bear trophies taken in sport hunts in Canada. Title V—Permanent Electronic Duck Stamp Act Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Authority to issue electronic duck stamps. Sec. 504. State application. Sec. 505. State obligations and authorities. Sec. 506. Electronic stamp requirements; recognition of electronic stamp. Sec. 507. Termination of State participation. Title VI—Access to Water Resources Development Projects Act Sec. 601. Short title. Sec. 602. Protecting Americans from violent crime. Title VII—Wildlife and Hunting Heritage Conservation Council Advisory Committee Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory Committee. Title VIII—Recreational Fishing and Hunting Heritage and Opportunities Act Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Definitions. Sec. 804. Recreational fishing, hunting, and shooting. I Hunting, Fishing and Recreational Shooting Protection Act 101. Short title This title may be cited as the Hunting, Fishing, and Recreational Shooting Protection Act . 102. Modification of definition Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) ) is amended— (1) in clause (v), by striking , and and inserting , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, ; (2) in clause (vi) by striking the period at the end and inserting , and ; and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . II Target Practice and Marksmanship Training Support Act 201. Short title This title may be cited as the Target Practice and Marksmanship Training Support Act . 202. Findings; purpose (a) Findings Congress finds that— (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose The purpose of this title is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. 203. Definition of public target range In this title, the term public target range means a specific location that— (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. 204. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a ) is amended— (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) by inserting after paragraph (1) the following: (2) the term public target range means a specific location that— (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (b) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) ) is amended— (1) by striking (b) Each State and inserting the following: (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (2) in paragraph (1) (as so designated), by striking construction, operation, and inserting operation ; (3) in the second sentence, by striking The non-Federal share and inserting the following: (3) Non-Federal share The non-Federal share ; (4) in the third sentence, by striking The Secretary and inserting the following: (4) Regulations The Secretary ; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (c) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (2) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (3) in subsection (c)(1)— (A) by striking Amounts made and inserting the following: (A) In general Except as provided in subparagraph (B), amounts made ; and (B) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . 205. Limits on liability (a) Discretionary function For purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act ), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function. (b) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is— (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ); or (2) located on Federal land. 206. Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. III Public Lands Filming 301. Purpose The purpose of this title is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal lands and waterways. 302. Annual permit and fee for film crews of 5 persons or fewer (a) In General Section (1)(a) of Public Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by— (1) redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) striking The Secretary of the Interior and inserting (1) In General .—Except as provided by paragraph (3), the Secretary of the Interior ; (3) inserting (2) Other considerations .— before The Secretary may include other factors ; and (4) adding at the end the following new paragraph: (3) Special rules for film crews of 5 persons or fewer (A) For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal lands and waterways administered by the Secretary. The permit shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal lands waterways administered by the Secretary for a 12-month period beginning on the date of issuance of the permit. (B) For persons holding a permit described in this paragraph, the Secretary shall not assess, during the effective period of the permit, any additional fee for commercial filming activities and similar projects that occur in areas designated for public use during public hours on Federal lands and waterways administered by the Secretary. (C) In this paragraph, the term film crew includes all persons present on Federal land under the Secretary’s jurisdiction who are associated with the production of a certain film. (D) The Secretary shall not prohibit, as a motorized vehicle or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal lands and waterways administered by the Secretary. . (b) Recovery of Costs Section (1)(b) of Public Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by— (1) striking collect any costs and inserting recover any costs ; and (2) striking similar project and inserting similar projects . IV Polar Bear Conservation and Fairness Act 401. Short title This title may be cited as the Polar Bear Conservation and Fairness Act of 2013 . 402. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5)(D) ) is amended to read as follows: (D) (i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. (ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997. (iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act of 2013 . . V Permanent Electronic Duck Stamp Act 501. Short title This title may be cited as the Permanent Electronic Duck Stamp Act of 2013 . 502. Definitions In this title: (1) Actual stamp The term actual stamp means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 ( 16 U.S.C. 718a et seq. ) (popularly known as the Duck Stamp Act ), that is printed on paper and sold through the means established by the authority of the Secretary immediately before the date of enactment of this Act. (2) Automated licensing system (A) In general The term automated licensing system means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) Inclusion The term automated licensing system includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A). (3) Electronic stamp The term electronic stamp means an electronic version of an actual stamp that— (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this title, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 504(b). (4) Secretary The term Secretary means the Secretary of the Interior. 503. Authority to issue electronic duck stamps (a) In general The Secretary may authorize any State to issue electronic stamps in accordance with this title. (b) Consultation The Secretary shall implement this section in consultation with State management agencies. 504. State application (a) Approval of Application required The Secretary may not authorize a State to issue electronic stamps under this title unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program. (b) Contents of Application The Secretary may not approve a State application unless the application contains— (1) a description of the format of the electronic stamp that the State will issue under this title, including identifying features of the licensee that will be specified on the stamp; (2) a description of any fee the State will charge for issuance of an electronic stamp; (3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (4) the manner by which the State will transmit electronic stamp customer data to the Secretary; (5) the manner by which actual stamps will be delivered; (6) the policies and procedures under which the State will issue duplicate electronic stamps; and (7) such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (1) deadlines for submission of applications; (2) eligibility requirements for submitting applications; and (3) criteria for approving applications. 505. State obligations and authorities (a) Delivery of Actual Stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this title shall receive an actual stamp— (1) by not later than the date on which the electronic stamp expires under section 506(c); and (2) in a manner agreed upon by the State and Secretary. (b) Collection and transfer of electronic stamp revenue and customer information (1) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section— (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (B) the face value amount of each electronic stamp sold by the State; and (C) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (2) Time of transmittal The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (3) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this title, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority To Require Purchase of State License A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this title. 506. Electronic stamp requirements; recognition of electronic stamp (a) Stamp Requirements The Secretary shall require an electronic stamp issued by a State under this title— (1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp Any electronic stamp issued by a State under this title shall, during the effective period of the electronic stamp— (1) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (c) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. 507. Termination of State participation The authority of a State to issue electronic stamps under this title may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 504; and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. VI Access to Water Resources Development Projects Act 601. Short title This title may be cited as the Recreational Lands Self-Defense Act of 2013 . 602. Protecting Americans from violent crime (a) Findings Congress finds the following: (1) The Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed . (2) Section 327.13 of title 36, Code of Federal Regulations, provides that, except in special circumstances, possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited at water resources development projects administered by the Secretary of the Army. (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at such water resources development projects. (4) The Federal laws should make it clear that the second amendment rights of an individual at a water resources development project should not be infringed. (b) Protecting the right of individuals To bear arms at water resources development projects The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. VII Wildlife and Hunting Heritage Conservation Council Advisory Committee 701. Wildlife and Hunting Heritage Conservation Council Advisory Committee The Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ) is amended by adding at the end the following: 10. Wildlife and Hunting Heritage Conservation Council Advisory Committee (a) Establishment There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the Advisory Committee ) to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. (b) Duties of the advisory committee The Advisory Committee shall advise the Secretaries with regard to— (1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat ; (2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; (3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; (4) policies or programs to recruit and retain new hunters and shooters; (5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and (6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. (c) Membership (1) Appointment (A) In general The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members. (B) Ex officio members The ex officio members are— (i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; (ii) the Director of the Bureau of Land Management or a designated representative of the Director; (iii) the Director of the National Park Service or a designated representative of the Director; (iv) the Chief of the Forest Service or a designated representative of the Chief; (v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; (vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and (vii) the Executive Director of the Association of Fish and Wildlife Agencies. (C) Discretionary members The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: (i) State fish and wildlife agencies. (ii) Game bird hunting organizations. (iii) Wildlife conservation organizations. (iv) Big game hunting organizations. (v) Waterfowl hunting organizations. (vi) The tourism, outfitter, or guiding industry. (vii) The firearms or ammunition manufacturing industry. (viii) The hunting or shooting equipment retail industry. (ix) Hunting and shooting sports outreach and education organizations. (x) Tribal resource management organizations. (xi) The agriculture industry. (xii) The ranching industry. (D) Eligibility Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. (2) Terms (A) In general Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. (B) Terms of initial appointees As designated by the Secretary at the time of appointment, of the members first appointed— (i) 6 members shall be appointed for a term of 4 years; (ii) 5 members shall be appointed for a term of 3 years; and (iii) 5 members shall be appointed for a term of 2 years. (3) Preservation of public advisory status No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. (4) Vacancy and removal (A) In general Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. (B) Removal Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. (5) Continuation of service Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. (6) Chairperson The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. (7) Pay and expenses Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee shall be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). (8) Meetings (A) In general The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. (B) Open meetings Each meeting of the Advisory Committee shall be open to the public. (C) Prior notice of meetings Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. (D) Subgroups The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. (9) Quorum Nine members of the Advisory Committee shall constitute a quorum. (d) Expenses The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. (e) Administrative support, technical services, and advice A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. (f) Annual report (1) Required Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. (2) Contents The report required by paragraph (1) shall describe— (A) the activities of the Advisory Committee during the preceding year; (B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and (C) an accounting of actions taken by the Secretaries as a result of the recommendations. (g) Federal advisory committee act The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (h) Abolishment of the existing wildlife and hunting heritage conservation council advisory committee Effective on the date of the enactment of this Act, the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes ( 43 U.S.C. 1457 ), the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a ), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished. . VIII Recreational Fishing and Hunting Heritage and Opportunities Act 801. Short title This title may be cited as the Recreational Fishing and Hunting Heritage and Opportunities Act . 802. Findings Congress finds that— (1) recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2) recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3) recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal public lands and waters without adverse effects on other uses or users; (4) recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5) recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, and stamps, as well as excise taxes on fishing, hunting, and shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6) recreational shooting is also an important and traditional activity in which millions of Americans participate, safe recreational shooting is a valid use of Federal public lands, including the establishment of safe and convenient shooting ranges on such lands, and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (7) opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (8) the public interest would be served, and our citizens’ fish and wildlife resources benefitted, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal public land as recognized by Executive Order No. 12962, relating to recreational fisheries, and Executive Order No. 13443, relating to facilitation of hunting heritage and wildlife conservation. 803. Definitions In this title: (1) Federal public land The term Federal public land means any land or water that is owned and managed by the Bureau of Land Management or the Forest Service. (2) Federal public land management officials The term Federal public land management officials means— (A) the Secretary of the Interior and Director of Bureau of Land Management regarding Bureau of Land Management lands and waters; and (B) the Secretary of Agriculture and Chief of the Forest Service regarding the National Forest System. (3) Hunting (A) In general Except as provided in subparagraph (B), the term hunting means use of a firearm, bow, or other authorized means in the lawful— (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or (iii) the training of hunting dogs, including field trials. (B) Exclusion The term hunting does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law). (4) Recreational fishing The term recreational fishing means the lawful— (A) pursuit, capture, collection, or killing of fish; or (B) attempt to capture, collect, or kill fish. (5) Recreational shooting The term recreational shooting means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. 804. Recreational fishing, hunting, and shooting (a) In general Subject to valid existing rights and subsection (g), and cooperation with the respective State fish and wildlife agency, Federal public land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, sport hunting, and recreational shooting, except as limited by— (1) statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (2) any other Federal statute that specifically precludes recreational fishing, hunting, or shooting on specific Federal public lands, waters, or units thereof; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b) Management Consistent with subsection (a), the head of each Federal public land management agency shall exercise its land management discretion— (1) in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (c) Planning (1) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or shooting Federal public land planning documents, including land resources management plans, resource management plans, and comprehensive conservation plans, shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting. (2) No major federal action No action taken under this title, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd ), either individually or cumulatively with other actions involving Federal public lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required. (3) Other activity not considered Federal public land management officials are not required to consider the existence or availability of recreational fishing, hunting, or shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal public lands are open for these activities or in the setting of levels of use for these activities on Federal public lands, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (d) Federal public lands (1) Lands open Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing Federal agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interest, national security, or compliance with other law. (2) Shooting ranges (A) In general The head of each Federal agency shall use his or her authorities in a manner consistent with this title and other applicable law, to— (i) lease or permit use of lands under the jurisdiction of the agency for shooting ranges; and (ii) designate specific lands under the jurisdiction of the agency for recreational shooting activities. (B) Limitation on liability Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (e) Necessity in wilderness areas and within and supplemental to wilderness purposes (1) Minimum requirements for administration The provision of opportunities for hunting, fishing and recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that this determination shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act ( 16 U.S.C. 1131 et seq. ), or permanent road construction or maintenance within designated wilderness areas. (2) Application of Wilderness Act Provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), stipulating that wilderness purposes are within and supplemental to the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, the head of each Federal agency shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or use within designated wilderness areas. (f) Report Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the head of each Federal agency who has authority to manage Federal public land on which fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) any Federal public land administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and (2) the reason for the closure. (g) Closures or significant restrictions of 640 or more acres (1) In general Other than closures established or prescribed by land planning actions referred to in subsection (d) or emergency closures described in paragraph (3) of this subsection, a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land that effectively closes or significantly restricts 640 or more contiguous acres of Federal public land to access or use for fishing or hunting or activities related to fishing, hunting, or both, shall take effect only if, before the date of withdrawal or change, the head of the Federal agency that has jurisdiction over the Federal public land— (A) publishes appropriate notice of the withdrawal or change, respectively; (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and (C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (2) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts 1,280 or more acres of land or water, such withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1). (3) Emergency closures Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this title. (h) National park service units not affected Nothing in this title shall affect or modify management or use of units of the National Park System. (i) No priority Nothing in this title requires a Federal land management agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (j) Consultation with councils In fulfilling the duties set forth in this title, the heads of Federal agencies shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443. (k) Authority of the States (1) In general Nothing in this title shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (2) Federal licenses Nothing in this title shall be construed to authorize the head of a Federal agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States, except that this paragraph shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718 et seq. ).	https://www.govinfo.gov/content/pkg/BILLS-113hr3590ih/xml/BILLS-113hr3590ih.xml
113-hr-3591	I 113th CONGRESS 1st Session H. R. 3591 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. Waters (for herself, Ms. Bordallo , Mr. Grijalva , Ms. Roybal-Allard , Ms. Lee of California , Mrs. Christensen , Ms. Hahn , Mr. Hinojosa , Ms. Norton , Ms. Brown of Florida , Ms. Jackson Lee , Mrs. Beatty , Mr. Conyers , Ms. Clarke , Mr. Hastings of Florida , Mr. Rangel , Mr. Payne , Mr. Ellison , Ms. Wilson of Florida , Mr. Bishop of Georgia , Ms. Michelle Lujan Grisham of New Mexico , Mr. Cárdenas , Mr. Al Green of Texas , Ms. Sewell of Alabama , Mr. Faleomavaega , Ms. Loretta Sanchez of California , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. Engel , Ms. Chu , Ms. McCollum , Mr. Cohen , Mr. Brady of Pennsylvania , Mr. Meeks , Mr. Honda , Mr. Vela , Mr. Lewis , Mr. Rush , Mr. Serrano , Ms. Moore , Mr. Takano , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize grants to provide treatment for diabetes in minority communities. 1. Short title This Act may be cited as the Minority Diabetes Initiative Act . 2. Grants regarding treatment of diabetes in minority communities Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by inserting after section 330L the following: 330M. Grants regarding treatment of diabetes in minority communities (a) In general The Secretary may make grants to public and nonprofit private health care providers for the purpose of providing treatment for diabetes in minority communities. (b) Recipients of grants The public and nonprofit private health care providers to whom grants may be made under subsection (a) include physicians, podiatrists, community-based organizations, health care organizations, community health centers, and State, local, and tribal health departments. (c) Scope of treatment activities The Secretary shall ensure that grants under subsection (a) cover a variety of diabetes-related health care services, including routine care for diabetic patients, public education on diabetes prevention and control, eye care, foot care, and treatment for kidney disease and other complications of diabetes. (d) Appropriate cultural context A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees that, in the program carried out with the grant, services will be provided in the languages most appropriate for, and with consideration for the cultural backgrounds of, the individuals for whom the services are provided. (e) Outreach services A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees to provide outreach activities to inform the public of the services of the program, and to provide offsite information on diabetes. (f) Application for grant A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (g) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2019. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3591ih/xml/BILLS-113hr3591ih.xml
113-hr-3592	I 113th CONGRESS 1st Session H. R. 3592 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Cicilline (for himself, Mr. Lance , Mr. McDermott , and Mr. Ribble ) introduced the following bill; which was referred to the Committee on Rules , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Congressional Budget Act of 1974 to require a jobs score for each spending bill considered in Congress. 1. Short title This Act may be cited as the Jobs Score Act of 2013 . 2. Amendment to the Congressional Budget Act of 1974 Section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) is amended— (1) in paragraph (2), by striking and ; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by inserting after paragraph (3) the following: (4) an estimate of the number of jobs which would be created, sustained, or lost in carrying out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate, and to the extent practicable, the analysis shall include regional and State-level estimates of jobs that would be created, sustained, or lost. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3592ih/xml/BILLS-113hr3592ih.xml
113-hr-3593	I 113th CONGRESS 1st Session H. R. 3593 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Coffman (for himself and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the construction of major medical facilities, and for other purposes. 1. Short title This Act may be cited as The VA Construction Assistance Act of 2013 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) According to testimony by the Director of Physical Infrastructure of the General Accountability Office before the Committee on Veterans’ Affairs of the House of Representatives in May 2013, schedule delays of major medical center construction projects of the Department of Veterans Affairs have averaged 35 months, with the delays ranging from 14 months to 74 months. (2) The average cost increase attributed to such delays has been $336,000,000 per project. (b) Sense of Congress It is the sense of Congress that— (1) the management of the major medical center construction projects of the Department of Veterans Affairs has been an abysmal failure; (2) in order to minimize repeated delays and cost increases to such projects, the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General of the United States in an April 2013 report to improve construction procedures and practices of the Department; and (3) management of the major medical facility projects currently underway as of the date of the enactment of this Act in Denver, Colorado, Orlando, Florida, and New Orleans, Louisiana, should be subject to the oversight of a special project manager of the Army Corps of Engineers that is independent of the Department of Veterans Affairs. 3. Implementation of major medical facility construction reforms Section 8104 of title 38, United States Code, is amended by adding at the end the following new subsection: (i) (1) With respect to each project described in paragraph (2), the Secretary shall— (A) use the services of a medical equipment planner as part of the architectural and engineering firm for the project; (B) develop and use a project management plan to ensure clear and consistent communication among all parties; (C) subject the project to construction peer excellence review; (D) develop— (i) a metrics program to enable the monitoring of change-order processing time; and (ii) goals for the change-order process consistent with the best practices of other departments and agencies of the Federal Government; and (E) to the extent practicable, use design-build processes to minimize multiple change orders. (2) A project described in this paragraph is a construction or alteration project that is a major medical facility project. . 4. Special project manager for certain medical center construction projects (a) Appointment of special project manager Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Army Corps of Engineers to procure, on a reimbursable basis, the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60,000,000 to oversee covered projects until the date on which the project is completed. (b) Duties A special project manager appointed under subsection (a) to oversee a covered project shall— (1) conduct oversight of all construction-related operations at the project, including with respect to— (A) the performance of the Department of Veterans Affairs involving the prime contractors; and (B) the compliance of the Department with the Federal Acquisition Regulation, including the VA Acquisition Regulation; (2) advise and assist the Department in any construction-related activity at the project, including the approval of change-order requests for the purpose of achieving a timely completion of the project; and (3) recommend to the Department best construction practices to improve operations for the project. (c) Plans and report (1) Completion plans Not later than 90 days after being appointed under subsection (a), a special project manager shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate detailed plans of the covered project for which the special project manager is so appointed. (2) Progress reports Not later than 180 days after being appointed under subsection (a), and each 180-day period thereafter until the date on which the covered project is completed, a special project manager shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report detailing the progress of the covered project for which the special project manager is so appointed. Each report shall include— (A) an analysis of all advice and assistance provided to the Department under subsection (b); (B) an analysis of all changes ordered by the Department with respect to the project, or claimed to have been made by contract between the Department and the prime contractor, including the extent to which such changes comply with the Federal Acquisition Regulation, including the VA Acquisition Regulation; (C) an analysis of the communication and working relationship between the Department and the prime contractor, including any recommendations made by the prime contractor to aid in the completion of the project; and (D) identification of opportunities and recommendations with respect to improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. (d) Cooperation (1) Information The Secretary of Veterans Affairs shall provide a special project manager appointed under subsection (a) with any necessary documents or information necessary for the special project manager to carry out subsections (b) and (c). (2) Assistance Upon request by the special project manager, the Secretary shall provide to the special project manager administrative assistance necessary for the special project manager to carry out subsections (b) and (c). (e) Covered projects defined In this section, the term covered projects means each construction project that is a major medical facility project (as defined in section 8104(a)(3)(A) of title 38, United States Code) being carried out as of the date of the enactment of this Act at the following locations: (1) Denver, Colorado. (2) Orlando, Florida. (3) New Orleans, Louisiana.	https://www.govinfo.gov/content/pkg/BILLS-113hr3593ih/xml/BILLS-113hr3593ih.xml
113-hr-3594	I 113th CONGRESS 1st Session H. R. 3594 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Cooper introduced the following bill; which was referred to the Committee on House Administration A BILL To prohibit the payment of death gratuities to the surviving heirs of deceased Members of Congress. 1. Short title This Act may be cited as the Congressional Death Benefit Elimination Act of 2013 . 2. Prohibiting payment of gratuities to survivors of members of Congress (a) Prohibition No payment may be made from the applicable accounts of the House of Representatives, the contingent fund of the Senate, or any other appropriated funds for a death gratuity payment to the widow, widower, or heirs-at-law of any Member of Congress who dies after the commencement of the Congress to which the Member has been elected. (b) No effect on other payments to survivors Nothing in subsection (a) shall be construed to prohibit or affect the payment to any individual of any unpaid balance or salary or other sums due to a Member of Congress who dies after the commencement of the Congress to which the Member has been elected. 3. Definition For purposes of this Act, a Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. 4. Effective date This Act shall apply with respect to any death occurring after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3594ih/xml/BILLS-113hr3594ih.xml
113-hr-3595	I 113th CONGRESS 1st Session H. R. 3595 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Cotton introduced the following bill; which was referred to the Committee on House Administration A BILL To require the disclosure of determinations with respect to which Congressional staff will be required to obtain health insurance coverage through an Exchange. 1. Short title This Act may be cited as the Show Your Exemption Act . 2. Transparency of coverage determination (a) In general Not later than 30 days after the date of enactment of this Act, the Chief Administrative Officer of the House of Representatives and the Financial Clerk of the Senate shall make publically available the determinations of each member of the House of Representatives and each Senator, as the case may be, regarding the designation of their respective congressional staff (including leadership and committee staff) as official for purposes of requiring such staff to enroll in health insurance coverage provided through an Exchange as required under section 1312(d)(1)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(1)(D) ), and the regulations relating to such section. (b) Failure To submit The failure by any member of the House of Representatives or Senator to designate any of their respective staff, whether committee or leadership staff, as official (as described in subsection (a)), shall be noted in the determination made publically available under subsection (a) along with a statement that such failure permits the staff involved to remain in the Federal Employee Health Benefits Program. (c) Privacy Nothing in this Act shall be construed to permit the release of any individually identifiable information concerning any individual, including any health plan selected by an individual.	https://www.govinfo.gov/content/pkg/BILLS-113hr3595ih/xml/BILLS-113hr3595ih.xml
113-hr-3596	I 113th CONGRESS 1st Session H. R. 3596 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. DeGette introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to provide medical assistance to uninsured newborns under the Medicaid program, and for other purposes. 1. Short title This Act may be cited as the Start Healthy Act of 2013 . 2. Medicaid assistance for uninsured newborns (a) Mandatory coverage of certain newborns Section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ) is amended— (1) by striking or at the end of subclause (VIII); (2) by adding or at the end of subclause (IX); and (3) by adding at the end the following: (X) who are qualified newborns (as defined in subsection (e)(16)(A)); . (b) Deemed eligibility for newborns Section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by adding at the end the following: (16) Deemed eligibility for qualified newborns (A) Qualified newborn defined For purposes of this section, the term qualified newborn means a child who— (i) is born in the United States on or after the date that is 6 months after the date of the enactment of this paragraph; (ii) is under 1 year of age; (iii) is not a child who is deemed eligible under paragraph (4); and (iv) is not eligible for minimum essential coverage, as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986, but applied without regard to coverage provided under subsection (a)(10)(A)(i)(X). (B) Deemed eligibility Subject to subparagraph (C), a child that a State reasonably believes is a qualified newborn (and thus eligible for medical assistance under subsection (a)(10)(A)(i)(X)) on the date of such child’s birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance until such child is one year of age, unless a State determines that a child is not eligible for such medical assistance through a redetermination under subparagraph (D) . (C) Exception for other coverage (i) In general If, during the period of eligibility under subparagraph (A), the State determines that the child is enrolled in a type of coverage described in subparagraph (A)(iv), the State may terminate medical assistance for such child under subsection (a)(10)(A)(i)(X). (ii) Limitation A State that determines that a child is eligible for such coverage, but not enrolled in such coverage, may not terminate such medical assistance for such child until such child is enrolled in such coverage. (D) Redeterminations of eligibility (i) In general Subject to clause (ii) and subparagraph (C)(ii) , the State shall redetermine a child’s eligibility for medical assistance under subsection (a)(10)(A)(i)(X) not later than 180 days after the date of the child’s birth. (ii) Limitation If an application is required for a redetermination under clause (i), and such application is not received by the State, and the State reasonably believes that the child for which such application was required continues to be a qualified newborn, the State may not discontinue such child’s eligibility for medical assistance under subsection (a)(10)(A)(i)(X) on the basis of such missing application. (iii) Reduced FMAP for failure to do timely determination The increased Federal medical assistance percentage provided under the third sentence of section 1905(b) with respect to individuals eligible for medical assistance under section 1902(a)(10)(A)(i)(X) shall not apply with respect to a child, beginning 180 days after the date of the child’s birth, for whom a determination is not made on a timely basis under clause (i), unless the limitation under clause (ii) applies to such child. . (c) 100 percent matching rate for temporary coverage of certain newborns (1) In general The third sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by inserting before the period at the end the following: and, subject to section 1902(e)(16)(D)(iii), for medical assistance for individuals in one of the 50 States or the District of Columbia eligible for such assistance under section 1902(a)(10)(A)(i)(X) . (2) Application to territories Section 1108(g)(4) of the Social Security Act ( 42 U.S.C. 1308(g)(4) ) is amended— (A) by striking and (4) and inserting and (5) ; and (B) by adding at the end the following: Payment for medical assistance for an individual eligible for assistance under section 1902(a)(10)(A)(i)(X) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (5) of this subsection). (d) Conforming amendment Section 1903(f)(4) of the Social Security Act ( 42 U.S.C. 1396b(f)(4) ) is amended by inserting 1902(a)(10)(A)(i)(X), after 1902(a)(10)(A)(i)(VIII), . (e) Technical amendments Section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by redesignating the paragraph (14) relating to exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition, as added by section 3 of the Improving Access to Clinical Trials Act of 2009 ( Public Law 111–255 ), as paragraph (15). Such redesignation shall not be construed to affect the application of section 3(e) of the Improving Access to Clinical Trials Act of 2009 to such paragraph. (f) Delay in implementation permitted for State plan amendment In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.	https://www.govinfo.gov/content/pkg/BILLS-113hr3596ih/xml/BILLS-113hr3596ih.xml
113-hr-3597	I 113th CONGRESS 1st Session H. R. 3597 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. Edwards introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require public employees to perform the inspection of State and local surface transportation projects, and related essential public functions, to ensure public safety, the cost-effective use of transportation funding, and timely project delivery. 1. Short title This Act may be cited as the Safety, Efficiency, and Accountability in Transportation Projects Through Public Inspection Act of 2013 . 2. Findings Congress finds the following: (1) Public inspectors serve as the eyes, ears, and voice of the public on State and local surface transportation projects and help ensure that construction and seismic standards are met, that projects meet safety requirements, and that the materials used will stand the test of time. (2) Public inspectors on State and local surface transportation projects ensure that tax-paying motorists get what they pay for and public safety and the public interest are considered first and foremost. (3) Outsourcing public inspection functions on State and local surface transportation projects eliminates a representative of the public from the construction site and puts a private company in charge of inspecting the work of the private construction company, creating multiple conflicts of interest. (4) A private inspector’s primary obligation and responsibility is not to the public, but to the success and profitability of the inspector’s company. Because the private construction company whose work they are inspecting on one project may be a business partner on a future project, private inspectors are likely to feel pressure from the private contractor to take steps that ensure larger profits for both firms. (5) These conflicts of interest may lead private inspectors to cut corners and overlook problems that threaten public safety, increase costs, and delay projects. (6) Across the United States, transportation agencies have outsourced public inspection functions with disastrous results. Examples of the dangers of outsourcing include the following: Boston’s Big Dig (where a concrete slab from a tunnel ceiling fell and killed a woman), the Los Angeles Redline subway (Hollywood Boulevard collapsed), and the Connecticut I–84 project (hundreds of drains that lead nowhere). (7) Commuters and taxpayers are best served by requiring public inspection on State and local surface transportation projects to protect public safety, use transportation revenues cost effectively, and deliver projects on time. 3. Public inspection Public employees shall carry out the construction inspection functions for all surface transportation projects receiving Federal funding. 4. Definitions In this Act, the following definitions apply: (1) Construction inspection functions The term construction inspection functions means construction engineering, contract administration, quality control inspection, materials testing, and resident engineer and assistant resident engineer functions. (2) Public employee The term public employee means an employee of a Federal, State, or local government. (3) Surface transportation project The term surface transportation project means a project receiving assistance under title 23, United States Code, a capital project (as defined in section 5302 of title 49, United States Code), and any other project related to surface transportation that the Secretary of Transportation determines appropriate.	https://www.govinfo.gov/content/pkg/BILLS-113hr3597ih/xml/BILLS-113hr3597ih.xml
113-hr-3598	I 113th CONGRESS 1st Session H. R. 3598 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to permit insurers to offer catastrophic coverage plans to anyone, and for other purposes. 1. Permitting insurers to offer catastrophic coverage plans to anyone (a) In general Section 1302(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(e) ) is amended to read as follows: (e) Catastrophic plan A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year if the plan provides— (1) except as provided in paragraph (2), the essential health benefits determined under subsection (b), except that the plan provides no benefits for any plan year until the individual has incurred cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year (except as provided for in section 2713); and (2) coverage for at least three primary care visits. . (b) Conforming amendment Section 1312(d)(3)(C) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(C) ) is amended by striking , except that and all that follows through section 1302(e) . (c) Effective date The amendments made by this section shall be effective as if included in the enactment of the Patient Protection and Affordable Care Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3598ih/xml/BILLS-113hr3598ih.xml
113-hr-3599	I 113th CONGRESS 1st Session H. R. 3599 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Fortenberry (for himself and Mr. Hall ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act with respect to payments to long-term care hospitals, and for other purposes. 1. Relief for Medicare payments to long-term care hospitals (a) Application of 25 percent rule patient threshold payment adjustment (1) Extension of relief In implementing sections 412.534 and 412.536 of title 42, Code of Federal Regulations, for a 12-month cost reporting period beginning on or after October 1, 2013, the Secretary of Health and Human Services shall continue the same threshold payment adjustment percentages and exemptions as were established for the 12-month cost reporting periods beginning on or after October 1, 2012, in the same manner as was provided for in the rule published on August 31, 2012 (77 Federal Register 53258). (2) No application of rule to grandfathered LTCHs The Secretary of Health and Human Services shall not apply sections 412.534 and 412.536 of title 42, Code of Federal Regulations, or any similar provisions to a long-term care hospital described in the second sentence of section 1886(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B) ). (3) New exclusion from calculation of the 25 percent rule Medicare beneficiaries who were inpatients in a subsection (d) hospital within 1 day prior to their admission to a long-term care hospital described in section 1886(d)(1)(B)(iv)(I) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv)(I) ) and who had a stay of more than 7 days in an intensive care unit identified in section 413.53(d) of title 42, Code of Federal Regulations, shall be excluded from the numerator of the 25 percent threshold applied under sections 412.534 and 412.536 of such title. (4) Effective date This subsection shall be effective on October 1, 2013. (b) Clarification of payments paid to long-Term care hospitals on an IPPS basis (1) Site neutral payments For discharges occurring on or after October 1, 2014, payments made to long-term care hospitals described in section 1886(d)(1)(B)(iv)(I) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv)(I) ) at amounts that are comparable or equivalent to amounts that are payable to a subsection (d) hospital, for short stay patients and under the 25 percent rules established under sections 412.529(d)(4), 412.534, and 412.536 of title 42, Code of Federal Regulations, shall be at amounts that are not less than would be paid to a subsection (d) hospital had it performed the same services. (2) Calculation of length of stay excluding cases paid on an IPPS basis For discharges occurring on or after the date of the enactment of this Act, in calculating the length of stay requirement applicable to a long-term care hospital or satellite facility under section 1886(d)(1)(B)(iv)(I) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv)(I) ) and section 1861(ccc)(2) of such Act ( 42 U.S.C. 1395x(ccc)(2) ), the Secretary of Health and Human Services shall exclude any patient for whom payment is based on an amount that is comparable or equivalent to the amount payable to a subsection (d) hospital had such a hospital provided the same services. (3) Subsection (d) hospital defined In this subsection, the term subsection (d) hospital has the meaning given such term in section 1886(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B) ).	https://www.govinfo.gov/content/pkg/BILLS-113hr3599ih/xml/BILLS-113hr3599ih.xml
113-hr-3600	I 113th CONGRESS 1st Session H. R. 3600 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Foster (for himself and Mrs. McMorris Rodgers ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for clarification regarding the children to whom entitlement to educational assistance may be transferred under the Post-9/11 Educational Assistance Program. 1. Short title This Act may be cited as the GI Education Benefit Fairness Act . 2. Clarification regarding the children to whom entitlement to educational assistance may be transferred under the Post 9/11 Educational Assistance Program (a) In general Section 3319(c) of title 38, United States Code, is amended to read as follows: (c) Eligible dependents (1) Transfer An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement as follows: (A) To the individual’s spouse. (B) To one or more of the individual’s children. (C) To a combination of the individuals referred to in subparagraphs (A) and (B). (2) Definition of children For purposes of this subsection, the term children includes dependents described in section 1072(2)(I) of title 10. . (b) Applicability The amendment made by subsection (a) shall apply with respect to educational assistance payable under chapter 33 of title 38, United States Code, before, on, or after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3600ih/xml/BILLS-113hr3600ih.xml
113-hr-3601	I 113th CONGRESS 1st Session H. R. 3601 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Gohmert (for himself, Mr. Jordan , Mr. Cole , Mr. Latta , Mr. Miller of Florida , Mr. Neugebauer , Mr. Franks of Arizona , Mr. Culberson , Mr. Hall , Mrs. Bachmann , Mr. Huizenga of Michigan , Mr. Weber of Texas , Mr. Bishop of Utah , Mr. Bentivolio , Mr. Huelskamp , Mr. LaMalfa , Mr. Yoho , Mr. Roe of Tennessee , Mr. Lankford , Mr. Rokita , and Mrs. Hartzler ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion. 1. Short title This Act may be cited as the Parental Notification and Intervention Act of 2013 . 2. Parental notification (a) In general It shall be unlawful for any person or organization in or affecting interstate or foreign commerce or who solicits or accepts Federal funds to perform any abortion on an unemancipated minor under the age of 18, to permit the facilities of the person or organization to be used to perform any abortion on such a minor, or to assist in the performance of any abortion on such a minor if the person or organization has failed to comply with all of the following requirements: (1) The provision of written notification to the parents (as defined in subsection (e)) of the minor informing the parents that an abortion has been requested for the minor, except that such notification is not required for a parent if there is clear and convincing evidence of physical abuse of the minor by such parent. (2) Compliance with a 96-hour waiting period after notice has been received by the parents. (3) Compliance with any injunction granted under section 3 relating to the abortion. (b) Fine for violation Whoever willfully violates subsection (a) shall be fined not more than $100,000 or imprisoned not more than one year, or both, for each violation. (c) Exception Subsection (a) shall not apply with respect to an unemancipated minor for whom an abortion is sought if a physician (other than the physician with principal responsibility for making the decision to perform the abortion) makes a determination that— (1) a medical emergency exists which, with reasonable medical certainty, so complicates the medical condition of the minor that the death of the minor would result from the failure to immediately treat her physical condition even though the treatment may result in the death of her unborn child; (2) parental notification is not possible as a result of the medical emergency; and (3) certifications regarding compliance with paragraphs (1) and (2) have been entered in the medical records of the minor, together with the reasons upon which the determinations are based, including a statement of relevant clinical findings. (d) Parental notification requirements For purposes of this section, any parental notification provided to comply with the provisions of subsection (a) for a parent shall be— (1) delivered personally to the parent; or (2) provided through certified mail in accordance with all of the following procedures: (A) The certified mail is addressed to the parent. (B) The address used is the dwelling or usual place of abode of the parent. (C) A return receipt is requested. (D) The delivery is restricted to the parent. (e) Parent defined To include legal guardian For purposes of this Act, the term parent includes, with respect to an unemancipated minor, any legal guardian of the minor. 3. Parental intervention Any parent required to be notified pursuant to section 2 regarding an abortion of an unemancipated minor may bring an action in the Federal district court where the parent resides or where the unemancipated minor is located to enjoin the performance of the abortion. The court shall issue a temporary injunction barring the performance of the abortion until the issue has been adjudicated and the judgment is final. The court shall issue relief permanently enjoining the abortion unless the court determines that granting such relief would be unlawful. 4. Preemption Nothing in this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater parental notification requirements or intervention rights regarding abortion than those provided under this Act. 5. Effective date and severability (a) Effective date The provisions of this Act shall take effect upon its enactment. (b) Severability The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.	https://www.govinfo.gov/content/pkg/BILLS-113hr3601ih/xml/BILLS-113hr3601ih.xml
113-hr-3602	I 113th CONGRESS 1st Session H. R. 3602 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Al Green of Texas (for himself, Mr. Honda , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To designate the Philippines under section 244 of the Immigration and Nationality Act to permit nationals of the Philippines to be eligible for temporary protected status under such section. 1. Short title This Act may be cited as the Filipino Temporary Protected Status Act of 2013 . 2. Sense of Congress It is the sense of the Congress that the extraordinary and temporary conditions caused by flooding and other catastrophic damage wrought by Typhoon Haiyan in the Philippines qualifies the Philippines for designation under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(1) ), pursuant to which nationals of the Philippines would be eligible for temporary protected status in the United States. 3. Designation for purposes of granting temporary protected status (a) Designation (1) In general For purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), the Philippines shall be treated as if it had been designated under subsection (b) of such section, subject to the provisions of this section. (2) Period of designation The initial period of such designation shall begin on the date of the enactment of this Act and shall remain in effect for 18 months. (b) Aliens eligible In applying section 244 of such Act pursuant to the designation made under this section, subject to section 244(c)(3) of such Act, an alien who is a national of the Philippines deemed to satisfy the requirements of section 244(c)(1) of such Act only if the alien— (1) has been continuously physically present in the United States since November 8, 2013; (2) is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and (3) registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent To travel abroad The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of such Act to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of such Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3602ih/xml/BILLS-113hr3602ih.xml
113-hr-3603	I 113th CONGRESS 1st Session H. R. 3603 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Kingston (for himself, Mr. Rogers of Alabama , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and Select Intelligence (Permanent Select) , 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 limit the construction on United States soil of satellite positioning ground monitoring stations of foreign governments, and for other purposes. 1. Limitation on construction on United States soil of satellite positioning ground monitoring stations of foreign governments (a) Certification The President may not authorize or permit the construction of a satellite positioning ground monitoring station directly or indirectly controlled by a foreign government on United States soil until the Secretary of Defense and the Director of National Intelligence jointly certify to Congress that such monitoring station will not possess the capability or potential to be used for the purpose of gathering intelligence or improving any foreign weapons system. (b) Report (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, the Director of National Intelligence, and the Commander of the United States Strategic Command shall jointly submit to the appropriate committees of Congress a report on the use of satellite positioning ground monitoring stations by foreign governments for the purpose of gathering intelligence or improving the accuracy of missile guidance systems. (2) Elements The report required by paragraph (1) shall include the following: (A) A description and assessment of the current and potential use of satellite ground monitoring stations under the control of foreign governments for the purpose of gathering intelligence. (B) A description of the role of positioning satellites in ballistic and tactical missile guidance systems. (C) A description and assessment of the current and potential future use of satellite positioning ground monitoring stations as a means of improving the accuracy of satellite guided missiles. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.	https://www.govinfo.gov/content/pkg/BILLS-113hr3603ih/xml/BILLS-113hr3603ih.xml
113-hr-3604	I 113th CONGRESS 1st Session H. R. 3604 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Luetkemeyer (for himself, Mr. Bishop of Utah , and Mr. Harris ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify the requirements of authorized representatives under the Family Educational Rights and Privacy Act of 1974, and for other purposes. 1. Short title This Act may be cited as the Protecting Education Privacy Act . 2. Amendments to FERPA Section 444(b) of the General Education Provisions Act ( 20 U.S.C. 1232g(b) ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) is amended— (1) in paragraph (1)(C)(i)(III), by inserting or local after State ; (2) in paragraph (3)— (A) by striking (A) and inserting (i) ; (B) by striking (B) and inserting (ii) ; (C) by striking (C) and inserting (iii) ; (D) by striking (3) Nothing and inserting the following: (3)(A) Nothing ; (E) by inserting or local after State ; (F) by striking programs: and inserting programs. ; (G) by striking Provided , That except and by inserting the following: (B) Except ; (H) by striking such officials and inserting the officials described in items (i) through (iii) of subparagraph (A) ; and (I) by adding at the end the following: (C) (i) For purposes of this section, the term authorized representative means an individual who— (I) is designated as an authorized representative by an official described in item (i), (ii), or (iii) of subparagraph (A); and (II) is under the direct control, as a contractor or employee, of such official. (ii) An authorized representative shall not release any educational records or personally identifiable information collected while serving as an authorized representative to any individual, agency, or organization, other than the official under whom the authorized representative is under the direct control. ; and (3) by adding at the end the following new paragraph: (8) Nothing in this section may be construed to authorize the educational records or the personally identifiable information of students to be shared, without the written consent of their parents, for the development of commercial products or services. . 3. FERPA regulations (a) Repeals The definitions of the terms authorized representative , early childhood education program , and education program in section 99.3 of title 34, Code of Federal Regulations, are repealed and shall have no legal effect. (b) Certain regulations prohibited The Secretary of Education shall not promulgate or enforce any regulation or rule that defines early childhood education program or education program for any purpose under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) on or after the date of enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3604ih/xml/BILLS-113hr3604ih.xml
113-hr-3605	I 113th CONGRESS 1st Session H. R. 3605 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Ms. Michelle Lujan Grisham of New Mexico (for herself, Mr. Ben Ray Luján of New Mexico , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make a technical amendment to the T’uf Shur Bien Preservation Trust Area Act, and for other purposes. 1. Short title This Act may be cited as the Sandia Pueblo Settlement Technical Amendment Act . 2. Sandia pueblo settlement technical amendment Section 413(b) of the T’uf Shur Bien Preservation Trust Area Act ( 16 U.S.C. 539m–11(b) ) is amended— (1) in the first sentence of paragraph (4), by striking conveyance and inserting title to be conveyed ; and (2) by adding at the end the following: (6) Failure to exchange (A) In general If the land exchange authorized under paragraph (1) is not completed by the date that is 30 days after the date of enactment of this paragraph, the Secretary, on request of the Pueblo and the Secretary of the Interior, shall transfer the National Forest land generally depicted as Land to be Held in Trust on the map entitled Sandia Pueblo Settlement Technical Amendment Act and dated October 18, 2013, to the Secretary of the Interior to be held in trust by the United States for the Pueblo— (i) subject to the restriction enforced by the Secretary of the Interior that the land remain undeveloped, with the natural characteristics of the land to be preserved in perpetuity; and (ii) consistent with subsection (c). (B) Other transfers After the transfer under subparagraph (A) is complete, the Secretary of the Interior, with the consent of the Pueblo, shall— (i) transfer to the Secretary, consistent with section 411(c)— (I) the La Luz tract generally depicted on the map entitled Sandia Pueblo Settlement Technical Amendment Act and dated October 18, 2013; and (II) the conservation easement for the Piedra Lisa tract generally depicted on the map entitled Sandia Pueblo Settlement Technical Amendment Act and dated October 18, 2013; and (ii) grant to the Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract generally depicted on the map entitled Sandia Pueblo Settlement Technical Amendment Act and dated October 18, 2013. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3605ih/xml/BILLS-113hr3605ih.xml
113-hr-3606	I 113th CONGRESS 1st Session H. R. 3606 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. McClintock (for himself, Mr. Stewart , and Mr. Nunes ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To permit certain activities to be conducted on Federal land within the Emigrant Wilderness of Stanislaus National Forest in the State of California at the level at which such activities were conducted on such land before the wilderness designation, and for other purposes. 1. Short title This Act may be cited as the Emigrant Wilderness Historical Use Preservation Act of 2013 . 2. Purpose It is the purpose of this Act to ensure that— (1) an increasing population within the vicinity of the Emigrant Wilderness of Stanislaus National Forest in the State of California does not cause the Emigrant Wilderness to lose its untrammeled and unimpaired wilderness character; (2) the Federal land comprising the Emigrant Wilderness retains the types of activities and level of access the land had when the land was designated as wilderness; and (3) future generations of Americans continue to have the opportunity for a true wilderness experience consistent with what existed when the Emigrant Wilderness was designated. 3. Continuation of historical activities and access to Federal land comprising Emigrant Wilderness, Stanislaus National Forest, California (a) In general This section modifies and supplements the provisions of law otherwise applicable to the Emigrant Wilderness of Stanislaus National Forest in the State of California, as originally designated by section 2(b) of Public Law 93–632 (88 Stat. 2154; 16 U.S.C. 1132 note) and expanded by section 101(a)(9) of Public Law 98–425 (98 Stat. 1620; 16 U.S.C. 1132 note) (in this section referred to as the Emigrant Wilderness ). (b) Preservation of historical activities and level of use The Secretary of Agriculture shall take such actions as may be necessary to ensure that, within the area designated as the Emigrant Wilderness, the level of use, allotted user days, and activities by commercial outfitters and guides within that area shall not rise above or be restricted below the historical level of use, allotted user days, and activities by commercial outfitters and guides within that area that existed as of the date of the original designation of the Emigrant Wilderness on January 3, 1975. (c) Types of activities and impact The historical use and activities in the Emigrant Wilderness, including commercial outfitting and guiding, camping, pack stock grazing, and campfires, are traditional uses that are consistent with and part of an unconfined recreational experience, and the signs of use created by these historical uses are to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of wilderness designation. The Secretary of Agriculture shall take such actions to ensure that these traditional uses neither exceed nor are restricted below the level of use at the time the Emigrant Wilderness was designated, as required by subsection (b). (d) Commercial pack and saddle stock use Because commercial pack and saddle stock use existed at the time the Emigrant Wilderness was designated, the level of this use at the time of designation is the extent necessary for these traditional activities and will not be allowed to exceed or be reduced below the highest level of such use in the preceding 10 years. (e) Historical use of trails, roads, paths, campsites, meadows, and cross-Country areas The historical use of trails, roads, paths, campsites, meadows, and cross-country areas in the Emigrant Wilderness by recreational and commercial pack and saddle stock, including horses, mules, donkeys, and ponies, shall be allowed to continue. The uses include travel on designated system trails and historic user trails, as well as cross-country travel, grazing, camping, campsites, and campfires. (f) Drift fences The use of drift fences that are in existence as of the date of the enactment of this Act or were previously in existence at the time of designation of the Emigrant Wilderness shall be allowed and maintained.	https://www.govinfo.gov/content/pkg/BILLS-113hr3606ih/xml/BILLS-113hr3606ih.xml
113-hr-3607	I 113th CONGRESS 1st Session H. R. 3607 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Mulvaney (for himself and Mr. Gowdy ) 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 enable States to opt out of certain provisions of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the State Health Care Choice Act . 2. Purpose It is the purpose of this Act to protect States' rights and to ensure that States have the option to continue to implement State laws relating to health care delivery and health insurance that were in effect prior to the date of enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ). 3. Protection of State flexibility to provide health coverage (a) State opt out of certain provisions of PPACA (1) In general A State described in subsection (b) may elect to limit the application of any or all of the provisions of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) described in paragraph (2) with respect to health insurance coverage within that State. (2) Provisions described The provisions of the Patient Protection and Affordable Care Act described in this paragraph are as follows: (A) Subtitles A through C of title I (and the amendments made by such subtitles), except for sections 1253 and 1254. (B) Parts I, II, III, and V of subtitle D of title I (and the amendments made by such parts). (C) Part I of subtitle E of title I (and the amendments made by such part). (D) Subtitle F of title I (and the amendments made by such part). (E) Section 1561 (and the amendment made by such section). (F) Sections 10101 through 10107 (and the amendments made by such sections). (b) State described (1) Enactment of State law A State described in this subsection is a State that enacts a law after the date of enactment of this Act that— (A) expresses the intent of the State to opt out of one or more of the provisions of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) described in subsection (a); (B) contains a list of the provisions of such Act which will not apply to the State under the State law; and (C) expresses the intent of the State to continue to administer health coverage-related laws as in effect in the State on March 23, 2010, or that provides for the implementation of related State laws enacted after such date. (2) Repeal If a State repeals a law described in paragraph (1), the provisions of the Patient Protection and Affordable Care Act listed in such law shall apply with respect to such State beginning on the date of such repeal. (c) Regulations The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall promulgate regulations to provide for the implementation of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3607ih/xml/BILLS-113hr3607ih.xml
113-hr-3608	I 113th CONGRESS 1st Session H. R. 3608 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Nolan introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Ways and Means 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 amend the Act of October 19, 1973, concerning taxable income to members of the Grand Portage Band of Lake Superior Chippewa Indians. 1. Short title This Act may be cited as the Grand Portage Band Per Capita Adjustment Act . 2. Equal treatment of certain per capita income for purposes of Federal assistance Paragraph (4) of section 7 of the Act of October 19, 1973 ( 25 U.S.C. 1407(4) ) is amended by striking pursuant to the agreements of such Band and inserting or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band .	https://www.govinfo.gov/content/pkg/BILLS-113hr3608ih/xml/BILLS-113hr3608ih.xml
113-hr-3609	I 113th CONGRESS 1st Session H. R. 3609 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Owens (for himself, Mr. Bishop of New York , Mr. King of New York , Mr. Israel , Mrs. McCarthy of New York , Mr. Meeks , Ms. Meng , Ms. Velázquez , Ms. Clarke , Mr. Nadler , Mr. Grimm , Mr. Rangel , Mr. Crowley , Mr. Serrano , Mr. Engel , Mr. Sean Patrick Maloney of New York , Mr. Gibson , Mr. Tonko , Mr. Hanna , Mr. Reed , Mr. Maffei , Ms. Slaughter , Mr. Higgins , Mr. Collins of New York , and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 3260 Broad Street in Port Henry, New York, as the Dain Taylor Venne Post Office Building . 1. Dain Taylor Venne Post Office Building (a) Designation The facility of the United States Postal Service located at 3260 Broad Street in Port Henry, New York, shall be known and designated as the Dain Taylor Venne Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dain Taylor Venne Post Office Building .	https://www.govinfo.gov/content/pkg/BILLS-113hr3609ih/xml/BILLS-113hr3609ih.xml
113-hr-3610	I 113th CONGRESS 1st Session H. R. 3610 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Paulsen (for himself and Ms. Moore ) 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 stop exploitation through trafficking. 1. Short title This Act may be cited as the Stop Exploitation Through Trafficking Act of 2013 . 2. National safe harbor law (a) Definitions In this section— (1) the term commercial sex act shall have the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 ); (2) the term minor means an individual who has not attained the age of 18 years; (3) the term severe form of trafficking in persons shall have the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 ); and (4) the term State shall have the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791 ). (b) Enactment of safe harbor law On or after the date that is 3 years after the date of enactment of this Act, each State shall have in effect legislation that— (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages the charging or prosecution of an individual described in paragraph (1) for a prostitution or sex trafficking offense, based on the conduct described in paragraph (1); and (3) encourages the diversion of an individual described in paragraph (1) to child protection services. (c) Eligibility for Byrne Justice Assistance Grant Funds (1) In general If a State fails to comply with subsection (b), the Attorney General may withhold— (A) during the 2 fiscal years beginning after the 3-year period subsequent to the date of enactment of this Act, 3 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ); (B) during the fiscal year subsequent to the expiration of the period referred to in subparagraph (A), 4 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ); and (C) during any fiscal year subsequent to the expiration of the period referred to in subparagraph (B), 5 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ). (2) Reallocation Any funds under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) that are not allocated to a State because of the failure of the State to comply with subsection (b) shall be reallocated to States that comply with subsection (b). 3. Civil remedies Section 1595(a) of title 18, United States Code, is amended by inserting treble before damages . 4. Restitution (a) Establishment of process for data collection Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a process to collect and analyze data relating to the issuance and enforcement of mandatory restitution orders under section 1593 of title 18, United States Code. (b) Requirements The process required to be established under subsection (a) shall— (1) ensure that data is collected for each offense charged under chapter 77 of title 18, United States Code; and (2) allow for the tracking of enforcement of each restitution order under section 1593 of title 18, United States Code. (c) Annual report Section 105(d)(7) of the Victims Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ) is amended— (1) in subparagraph (Q)(v), by striking and at the end; (2) in subparagraph (R), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (S) for the first report submitted under this paragraph on or after January 1, 2015, and each report thereafter, the data collected under section 4 of the Stop Exploitation Through Trafficking Act of 2013 ; . 5. National human trafficking hotline Section 107(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7105(b)(2) ) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) National human trafficking hotline Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons. . 6. Job Corps eligibility Section 144(3) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2884(3) ) is amended by adding at the end the following: (F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 )). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph. . 7. Establishing a national strategy to combat human trafficking (a) In general The Attorney General shall implement and maintain a National Strategy for Combating Human Trafficking (referred to in this section as the National Strategy ) in accordance with this section. (b) Required contents of national strategy The National Strategy shall include the following: (1) Integrated Federal, State, local, and tribal efforts to investigate and prosecute human trafficking cases, including— (A) the partnership by each United States attorney with other Federal, State, local, and tribal law enforcement partners working in the district of such attorney to implement the National Strategy; (B) the development by each United States attorney of a district-specific strategic plan to coordinate the investigation and prosecution of human trafficking crimes; (C) the development and implementation of strategies to identify and rescue victims of human trafficking; (D) the appointment of not less than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy; (E) the participation in local training, educational, and awareness programs of human trafficking crimes; (F) the participation in any Federal, State, local, or tribal human trafficking task force operating in the district of the United States attorney; and (G) any other efforts intended to enhance the level of coordination and cooperation, as is to be determined by the Attorney General. (2) Case coordination within the Department of Justice, including specific integration, coordination, and collaboration, as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation, including— (A) the regular and timely notification to the United States attorneys, the Human Trafficking Prosecution Unit, and the Child Exploitation and Obscenity Section of any sex or labor trafficking investigations opened by the Federal Bureau of Investigation, the Department of Homeland Security, the Department of Labor, or the Human Smuggling and Trafficking Center under section 1581, 1583, 1584, 1589, 1590, 1591, 1592, or 1594 of title 18, United States Code; and (B) the reporting of the number of investigations described in subparagraph (A) in the annual report required under section 105(d)(7) of the Victims Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ). (3) Interagency coordination regarding the prevention, investigation, and apprehension of individuals targeting and exploiting adults and children for human trafficking, including collaboration and cooperation with— (A) the Department of Homeland Security; (B) the Department of Labor; (C) the Department of State; (D) the Department of Health and Human Services; (E) the Bureau of Indian Affairs; and (F) other appropriate Federal agencies. (4) Measurable objectives and long-term, quantifiable goals that the Attorney General determines may be achieved. (5) Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the exploitation of adults and children. (6) An ongoing assessment of the future trends, challenges, and opportunities, including new investigative strategies, techniques, and technologies, that will enhance Federal, State, local, and tribal efforts to combat human trafficking. (7) Encouragement of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies to combat human trafficking, including the involvement of State, local, and tribal government agencies to the extent Federal programs are involved. 8. Enhancing law enforcement coordination Section 105(d)(7) of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ), as amended by section 4, is amended by adding at the end the following: (T) the number of sex and labor trafficking investigations opened by the Federal Bureau of Investigation, the Department of Homeland Security, the Department of Labor, or the Human Smuggling and Trafficking Center under section 1581, 1583, 1584, 1589, 1590, 1591, 1592, or 1594 of title 18, United States Code, during the preceding fiscal year; and (U) the number of the sex and labor trafficking investigations described in subparagraph (T) that were reported to the United States attorneys, the Human Trafficking Prosecution Unit in the Civil Rights Division of the Department of Justice, and the Child Exploitation and Obscenity Section in the Criminal Division of the Department of Justice. . 9. Sex offender registry Section 111 of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16911 ) is amended— (1) in paragraph (3)(A)— (A) by striking clause (i); and (B) by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively; and (2) in paragraph (4)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) is comparable to or more severe than sex trafficking (as described in section 1591 of title 18, United States Code), when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor; . 10. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.	https://www.govinfo.gov/content/pkg/BILLS-113hr3610ih/xml/BILLS-113hr3610ih.xml
113-hr-3611	I 113th CONGRESS 1st Session H. R. 3611 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Perry (for himself, Mr. Barletta , Mrs. Bachmann , Mr. Smith of Texas , Mr. Stewart , Mr. Cotton , and Mr. Gingrey of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to submit to Congress an annual report on immigration policy directives issued by the Department of Homeland Security, to ensure that each such policy directive is subject to the rule making process described in section 553 of title 5, United States Code, and for other purposes. 1. Short title This Act may be cited as the DHS Immigration Accountability and Transparency Act of 2013 . 2. Transparency Requirement for Immigration Policy Directives (a) Reporting requirement The Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an annual report on immigration policy directives. (b) Matters covered The report required by subsection (a) shall include, at a minimum— (1) statistics on the removal of aliens from the United States during the 10-year period preceding the date of submission of the report, including the number of aliens placed in removal proceedings but not removed; (2) statistics and a cost-benefit analysis regarding the use of Federal funds to implement each immigration policy directive issued by the Department of Homeland Security during the period beginning on January 20, 2009, and ending on the date of submission of the report; (3) the number of aliens unlawfully present or without lawful status in the United States with an immigration status that was modified or otherwise adjusted as a result of each such policy directive, including an identification of the new status assigned to each such alien; (4) the number of aliens unlawfully present or without lawful status in the United States who applied for and were denied relief as a result of each such policy directive, and the percentage of such aliens against whom removal proceedings were initiated; (5) for each alien denied relief under paragraph (4) against whom removal proceedings were not initiated, an explanation of why such action was not taken and a listing of the final determination made in such alien’s case, if any; (6) the number of cases in the Executive Office for Immigration Review of the Department of Justice that were administratively closed as a result of each such policy directive and an identification of the new status or statuses assigned to the aliens in such cases; (7) statistics on aliens unlawfully present or without lawful status in the United States released from prisons or administrative detention centers since January 20, 2009, including— (A) the number of such aliens convicted or formally accused of a violent crime; and (B) the number of such aliens released in each State; and (8) detailed information on the methods used to compile and calculate the information described in paragraphs (1), (2), (3), (4), (5), (6), and (7). (c) Public availability The report required by subsection (a) shall be made publicly available. (d) Reporting deadline The Secretary shall submit the first report required by subsection (a) not later than 90 days after the date of the enactment of this Act. (e) Removal of aliens from the United States In this Act, the term removal of aliens from the United States does not include individuals who are denied admission upon being inspected by an immigration officer at the border of the United States. 3. Accountability Requirements for Immigration Policy Directives (a) Treatment of an Immigration Policy Directive as a Rule For purposes of chapters 5, 6, 7, and 8 of title 5, United States Code, an immigration policy directive shall be treated as a rule. (b) Notice Requirement In publishing a general notice of proposed rule making as required under section 553 of title 5, United States Code, for an immigration policy directive, the Secretary of Homeland Security shall include a report that— (1) describes with reasonable detail the actions the Department of Homeland Security plans to take to implement and enforce the policy directive; (2) indicates whether the policy directive states a new or changed policy regarding the enforcement of any Federal law, and if so, provides a citation to such law; and (3) estimates the number of aliens present in the United States with an immigration status that will be modified as a result of the policy directive and identifies the new status or statuses to be assigned to such aliens. 4. Definitions In this Act: (1) Immigration policy directive The term immigration policy directive means any communication that is not a rule, issued by the Department of Homeland Security or any agency or office within the Department, regarding the administration or enforcement of immigration law or policy, including memoranda, statements, and guidance documents. (2) Rule The term rule has the meaning provided in section 551 of title 5, United States Code.	https://www.govinfo.gov/content/pkg/BILLS-113hr3611ih/xml/BILLS-113hr3611ih.xml
113-hr-3612	I 113th CONGRESS 1st Session H. R. 3612 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Polis (for himself, Ms. Schwartz , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors to obtain certifications from institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Know Before You Owe Private Student Loan Act of 2013 . 2. Amendments to the truth in lending act (a) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ) is amended— (1) by striking paragraph (3) and inserting the following: (3) Institutional certification required (A) In general Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution’s certification of— (i) the enrollment status of the student; (ii) the student’s cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and (iii) the difference between— (I) such cost of attendance; and (II) the student’s estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. (B) Exception Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution’s certification if such institution fails to provide within 15 business days of the creditor’s request for such certification— (i) the requested certification; or (ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. (C) Loans disbursed without certification If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Bureau. ; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: (9) Provision of information (A) Provision of information to students (i) Loan statement A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. (ii) Contents of loan statement Each statement described in clause (i) shall— (I) report the borrower’s total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; (II) report any debt increases since the last statement; and (III) list the current interest rate for each loan. (B) Notification of loans disbursed without certification On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau. (C) Annual report A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau containing the required information about private student loans to be determined by the Bureau, in consultation with the Secretary of Education. . (b) Definition of private education loan Section 140(a)(7)(A) of the Truth in Lending Act ( 15 U.S.C. 1650(a)(7)(A) ) is amended— (1) by redesignating clause (ii) as clause (iii); (2) in clause (i), by striking and after the semicolon; and (3) by adding after clause (i) the following: (ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. and 296 et seq.); and . (c) Regulations Not later than 365 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ), as amended by subsection (a). Such regulations shall become effective not later than 6 months after their date of issuance. 3. Amendment to the higher education act of 1965 (a) Amendment to the higher education act of 1965 Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by striking paragraph (28) and inserting the following: (28) (A) The institution shall— (i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender— (I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; (II) of such student’s cost of attendance at the institution as determined under part F of this title; and (III) of the difference between— (aa) the cost of attendance at the institution; and (bb) the student’s estimated financial assistance received under this title and other assistance known to the institution, as applicable; and (ii) provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request— (I) within 15 business days of receipt of such certification request; and (II) only after the institution has completed the activities described in subparagraph (B). (B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification— (i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and (ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: (I) The availability of, and the borrower’s potential eligibility for, Federal financial assistance under this title, including disclosing the terms, conditions, interest rates, and repayment options and programs of Federal student loans. (II) The borrower’s ability to select a private educational lender of the borrower’s choice. (III) The impact of a proposed private education loan on the borrower’s potential eligibility for other financial assistance, including Federal financial assistance under this title. (IV) The borrower’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a borrower’s application and about a borrower’s 3-day right to cancel period. (C) For purposes of this paragraph, the terms private educational lender and private education loan have the meanings given such terms in section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ). . (b) Effective date The amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c). 4. Report Not later than 24 months after the issuance of regulations under section 2(c), the Director of the Bureau of Consumer Financial Protection and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ), as amended by section 2, and section 487(a)(28) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ), as amended by section 3. Such report shall include information about the degree to which specific institutions utilize certifications in effectively encouraging the exhaustion of Federal student loan eligibility and lowering student private education loan debt.	https://www.govinfo.gov/content/pkg/BILLS-113hr3612ih/xml/BILLS-113hr3612ih.xml
113-hr-3613	I 113th CONGRESS 1st Session H. R. 3613 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Rangel (for himself and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide for a change in payment for certain hospitals under Medicare. 1. Change in Medicare payment for certain hospitals (a) In general Subsection (d)(1)(B) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended— (1) in clause (iv)-— (A) in subclause (I)— (i) by striking (iv)(I) and inserting (iv) ; and (ii) by striking or at the end; and (B) in subclause (II)— (i) by striking , or at the end and inserting a semicolon; and (ii) by redesignating such subclause as clause (vi) and by moving it to immediately follow clause (v); and (2) in clause (v), by striking the semicolon at the end and inserting , or . (b) Conforming payment references Subsection (b) of such section is amended— (1) in paragraph (2)(E)(ii), by adding at the end the following new subclause: (III) Hospitals described in clause (vi) of such subsection. ; (2) in paragraph (3)(F)(iii), by adding at the end the following new subclause: (VI) Hospitals described in clause (vi) of such subsection. ; (3) in paragraph (3)(G)(ii), by inserting or (vi) after clause (iv) ; (4) in paragraph (3)(H)(iv), by adding at the end the following new subclause: (IV) Hospitals described in clause (vi) of such subsection. ; (5) in paragraph (3)(J), by striking subsection (d)(1)(B)(iv) and inserting clause (iv) or (vi) of subsection (d)(1)(B) ; and (6) in paragraph (7)(B), by adding at the end the following new clause: (iv) Hospitals described in clause (vi) of such subsection. . (c) Additional conforming amendments The second sentence of subsection (d)(1)(B) of such section is amended— (1) by inserting (as in effect as of such date) after clause (iv) ; and (2) by inserting (or, in the case of a hospital described in clause (iv)(II), as so in effect, shall be classified under clause (vi) on and after the effective date of such clause (vi) and for cost reporting periods beginning on or after January 1, 2014, shall not be subject to subsection (m) as of the date of such classification) after so classified . (d) Application In the case of a hospital that is classified under clause (iv)(II) of section 1886(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B) ) on the day before the date of the enactment of this Act and which is classified under clause (vi) of such section after such date of enactment, payments for inpatient operating costs for cost reporting periods beginning on or after January 1, 2014, shall be based upon the target amount per discharge established pursuant to section 1886(b) of such Act ( 42 U.S.C. 1395ww(b) ) in effect for the cost reporting period for such hospital beginning during fiscal year 2001, increased for each succeeding cost reporting period (beginning before the date of the enactment of this Act) by the applicable percentage increase under section 1886(b)(3)(B)(ii) of such Act ( 42 U.S.C. 1395ww(b)(3)(B)(ii) ).	https://www.govinfo.gov/content/pkg/BILLS-113hr3613ih/xml/BILLS-113hr3613ih.xml
113-hr-3614	I 113th CONGRESS 1st Session H. R. 3614 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Reichert introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the recognition by States of skills learned in the military by a veteran when issuing licenses and credentials. 1. Short title This Act may be cited as the Military Skills to Careers Act . 2. State recognition of military experience of veterans in issuing licenses and credentials to veterans (a) In general Section 4102A(c)(9) of title 38, United States Code, is amended to read as follows: (9) (A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall— (i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran— (I) receives a satisfactory score on completion of such examination, as determined by the State; (II) has been awarded a military occupational speciality that is substantially equivalent to or exceeds the requirements of the State for the issuance of such license or credential; (III) has engaged in the active practice of the occupation for which the veteran is seeking such license or credential for at least two of the five years preceding the date of application for such license or credential; and (IV) pays any customary or usual fees required by the State for such license or credential; and (ii) submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report, the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. (B) The Secretary may waive the requirement under subparagraph (A) that a State establish a program described in that subparagraph as a condition of a grant or contract if the State certifies to the Secretary that the State— (i) takes into account previous military training for the purposes of issuing licenses or credentials; (ii) permits veterans to completely satisfy through examination any training or testing requirements for a license or credential with respect to which a veteran has previously completed military training; and (iii) for any credential or license for which a veteran is unable to completely satisfy such requirements through examination, substantially reduces training time required to satisfy such requirement based on the military training received by the veteran. (C) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii). . (b) Effective date (1) Exams Subparagraph (A) of section 4102A(c)(9) of such title, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to grants and contracts described in such subparagraph awarded after such date. (2) Reports Subparagraph (B) of section 4102A(c)(9), as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3614ih/xml/BILLS-113hr3614ih.xml
113-hr-3615	I 113th CONGRESS 1st Session H. R. 3615 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Reichert introduced the following bill; which was referred to the Committee on Veterans’ 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 amend title 38, United States Code, to improve the hiring of veterans by the Federal Government. 1. Short title This Act may be cited as the Careers for Heroes Act . 2. Employment of veterans with the Federal Government (a) In general Section 4214 of title 38, United States Code, is amended— (1) in subsection (b), by adding at the end the following: (4) (A) The requirement under this paragraph is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense. (B) The head of each agency (excluding the Secretary of Veterans Affairs and the Secretary of Defense), in consultation with the Director of the Office of Personnel Management, shall develop and implement a plan for exercising the authority specified in subparagraph (C) during the five-year period beginning on the date of the enactment of this paragraph. (C) The authority specified in this subparagraph is the authority as follows: (i) The authority under paragraph (1). (ii) The authority available to the agency concerned under the Veterans Employment Opportunities Act of 1998 ( Public Law 105–339 ) and the amendments made by that Act. (D) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B), agencies shall appoint to existing vacancies not fewer than 15,000 qualified covered veterans during the five-year period beginning on the date of the enactment of this paragraph. For purposes of complying with this subparagraph, an appointment pursuant to the authority referred to in subparagraph (C)(ii) shall not count toward the number required by this subparagraph unless the appointment is to a vacancy in a full-time, permanent position. ; (2) in subsection (d), in the third sentence, by inserting (including, during the five-year period beginning on the date of the enactment of paragraph (4) of subsection (b), the development and implementation by each agency of the plan required under such paragraph, which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, career or career-conditional appointments) after subsection (b) of this section ; and (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter before subparagraph (A), by striking to the Congress and inserting to the appropriate committees of Congress ; and (ii) in subparagraph (A), by inserting (including, during the five-year period beginning on the date of the enactment of paragraph (4) of subsection (b), the development and implementation by the agency of the plan required under such paragraph, which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, permanent appointments) before the period; and (B) by adding at the end the following new paragraph: (3) In this subsection, the term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) of title 38, United States Code, as amended by subsection (a)) a report containing a plan to carry out the amendments made by subsection (a).	https://www.govinfo.gov/content/pkg/BILLS-113hr3615ih/xml/BILLS-113hr3615ih.xml
113-hr-3616	I 113th CONGRESS 1st Session H. R. 3616 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Ruiz (for himself, Mr. Rooney , Mr. Mullin , Mr. Hanna , Mr. Nolan , Mr. Murphy of Florida , Mrs. Negrete McLeod , Mr. Cartwright , Mr. Peters of California , and Mr. Garcia ) 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 distribute additional information to Medicare beneficiaries to prevent health care fraud, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Protecting Seniors from Health Care Fraud Act of 2013 . (b) Findings Congress finds the following: (1) Seniors are more vulnerable to fraud than the general population. (2) Because seniors require more health care services than the general population, they need more information on health care schemes so they can protect themselves. (3) The Department of Health and Human Services should provide more up-to-date information in order to educate seniors on health care scams. 2. Distribution of additional information to seniors to prevent health care fraud Section 1804 of the Social Security Act ( 42 U.S.C. 1395b–2 ) is amended by adding at the end the following new subsection: (d) Distribution of additional information on health care fraud (1) Annual reports on health care fraud schemes (A) In general In connection with the Health Care Fraud and Abuse Control Program established under section 1128C, the Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services, and the Attorney General, shall transmit to Congress, and make available to the public, an annual report on health care fraud schemes that are targeted to seniors and steps that are being taken to combat such schemes and to educate seniors concerning such schemes. The first such report shall be transmitted and made available not later than 2 years after the date of the enactment of this subsection. (B) Contents of reports (i) In general Subject to clause (ii), each annual report under subparagraph (A) shall include the following information: (I) Identification of most prevalent fraud schemes The identification of the 10 most prevalent health care fraud schemes that are targeted to seniors and the prevalence and trends in such schemes. (II) Protection of seniors Actions that seniors and law enforcement and government agencies are taking and can take to combat such schemes and to protect seniors against health care fraud schemes. (III) Additional suggestions Policy suggestions to improve protections for seniors, including whether the additional information provided under this subsection is helping seniors in protecting them against fraud. (ii) Limitations The Secretary may— (I) omit information from an annual report on fraud schemes targeting seniors if public disclosure of the information would compromise an ongoing investigation; and (II) report information on fraud schemes by categories in an annual report if a more detailed disclosure of such a scheme would educate criminals rather than seniors. (iii) Private-public partnership The Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services and the Attorney General, may enter into an arrangement between public and private partners to develop the report that identifies the top 10 most prevalent health care fraud schemes and the associated report information. (C) Quarterly updating The information described in clauses (i) and (ii) of subparagraph (B) shall be updated quarterly to reflect changes in fraud schemes and methods to combat and educate seniors concerning such schemes. (D) Languages Such reports, as updated, shall be available in English and Spanish. (2) Dissemination of reports and top 10 list (A) In general The Secretary shall— (i) disseminate the reports under paragraph (1) to Medicare beneficiaries through mechanisms that reach the most Medicare beneficiaries; and (ii) provide for the mailing to each Medicare beneficiary of a list of the top 10 most prevalent health care fraud schemes. (B) Quarterly updates of top 10 list included with Medicare summary notices The Secretary shall include an updated list of the top 10 most prevalent health care fraud schemes under paragraph (1)(C) with the quarterly Medicare summary notices mailed to Medicare beneficiaries. (C) Posting of reports and quarterly updates on websites The annual reports, and quarterly updates, under this subsection shall be posted on the website of the Health Care Fraud and Abuse Control Program and on other websites maintained or supported by the Secretary relating to the Medicare program, the State Health Insurance Assistance Program, and Senior Medicare Patrol of the Administration on Aging. (3) Sources of information for reports Information for the reports and updates under paragraph (1) shall be gathered from at least the following sources: (A) Department of Health and Human Services The following sources within the Department of Health and Human Services: (i) Medicare hotlines, including 1–800–MEDICARE, 1–800–HHSTIPS, and Medicare fraud toll-free hotlines and websites (such as www.stopmedicarefraud.gov) established by the Office of the Inspector General of the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. (ii) State Health Insurance Assistance Programs (SHIPs). (iii) The Administration on Community Living, including— (I) the Senior Medicare Patrol (SMP) of the Administration on Aging; and (II) Aging and Disability Resource Centers. (iv) Medicare administrative contractors, fiscal intermediaries, and other contractors with the Centers for Medicare & Medicaid Services performing functions which may relate to fraud and abuse under the Medicare program. (v) The Indian Health Service. (B) Department of Justice The Department of Justice, including the Federal Bureau of Investigation. (C) SSA The Social Security Administration. (D) FTC The Federal Trade Commission. (E) Optional additional sources At the option of the Secretary— (i) State agencies that deal with elder abuse; and (ii) other governmental and nongovernmental entities with expertise in the protection of seniors from health care fraud as deemed appropriate. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3616ih/xml/BILLS-113hr3616ih.xml
113-hr-3617	I 113th CONGRESS 1st Session H. R. 3617 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Schneider (for himself and Mr. McKinley ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize a national grant program for on-the-job training. 1. Short title This Act may be cited as the Learning, Educating, Achieving, and Retraining for the Nation Act or the LEARN Act . 2. On-The-Job Training (a) In general Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 173A ( 29 U.S.C. 2918a ) the following: 173B. On-The-Job Training (a) Definition In this section, the term federally recognized tribal organization means an entity described in section 166(c)(1). (b) Grants From the amount made available under subsection (h), and subject to subsection (d)— (1) the Secretary shall make grants on a discretionary basis to States, local boards, and federally recognized tribal organizations, for adult on-the-job training, or dislocated worker on-the-job training, carried out under section 134 and for State functions described in subsection (f); and (2) using an amount that is not more than 10 percent of the funds made available under subsection (h), the Secretary shall make grants to States, local boards, and federally recognized tribal organizations for developing on-the-job training programs, including providing capacity building activities for local staff who will be engaged in the development of the programs, in consultation with the Secretary. (c) Application To be eligible to receive a grant under subsection (b), a State, local board, or federally recognized tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In preparing such an application for a grant under subsection (b)(1), a local board shall consult with the corresponding State. (d) Reimbursement of wage rates Notwithstanding the limitation in section 101(31)(B), in making the grants described in subsection (b)(1) the Secretary may allow for higher levels of reimbursement of wage rates the Secretary determines are appropriate based on factors such as— (1) employer size, in order to facilitate the participation of small- and medium-sized employers; (2) target populations, in order to enhance job creation for persons with barriers to employment; and (3) the number of employees that will participate in the on-the-job training, the wage and benefit levels of the employees (before the training and anticipated on completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the existence of other employer-provided training and advancement opportunities. (e) Administration by Secretary The Secretary may use an amount that is not more than 1 percent of the funds made available under subsection (h) for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (b), including the evaluation of, and dissemination of information on lessons learned through, the use of such funds. (f) State oversight and monitoring A local board that receives a grant under subsection (b)(1) and is located in a State, shall provide not less than 5 percent of the grant funds to the State for State functions described in sections 136(f), 184, and 185. (g) Rule of construction Nothing in this section shall be construed to affect the manner in which subtitle B is implemented, for activities funded through amounts appropriated under section 137. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each subsequent fiscal year. . (b) Table of contents The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by inserting after the item relating to section 173A the following: Sec. 173B. On-the-job training. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3617ih/xml/BILLS-113hr3617ih.xml
113-hr-3618	V 113th CONGRESS 1st Session H. R. 3618 IN THE HOUSE OF REPRESENTATIVES November 21, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Kadiatou Diallo, Sankerala Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Pathe Diallo, and Fatoumata Traore Diallo. 1. Permanent resident status for Kadiatou Diallo, Sankerala Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Pathe Diallo, and Fatoumata Traore Diallo (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Kadiatou Diallo, Sankerala Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Pathe Diallo, and Fatoumata Traore Diallo shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Kadiatou Diallo, Sankerala Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Pathe Diallo or Fatoumata Traore Diallo enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Kadiatou Diallo, Sankerala Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Pathe Diallo, and Fatoumata Traore Diallo, the Secretary of State shall instruct the proper officer to reduce by 6, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Kadiatou Diallo, Sankerala Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Pathe Diallo, and Fatoumata Traore Diallo shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3618ih/xml/BILLS-113hr3618ih.xml
113-hr-3619	I 113th CONGRESS 1st Session H. R. 3619 IN THE HOUSE OF REPRESENTATIVES November 22, 2013 Ms. Bass introduced the following bill; which was referred to the Committee on Small Business A BILL To amend and extend The State Trade and Export Promotion Grant Program. 1. Short title This Act may be cited as the STEP A Act of 2013 . 2. State trade and export promotion grant program The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: 47. State trade and export promotion grant program (a) Definitions In this section— (1) the term eligible small business concern means a small business concern that— (A) has been in business for not less than the 1-year period ending on the date on which assistance is provided using a grant under this section; (B) is operating profitably, based on operations in the United States; (C) has demonstrated understanding of the costs associated with exporting and doing business with foreign purchasers, including the costs of freight forwarding, customs brokers, packing and shipping, as determined by the Associate Administrator; and (D) has in effect a strategic plan for exporting; (2) the term program means the State Trade and Export Promotion Grant Program established under subsection (b); (3) the term small business concern owned and controlled by women has the meaning given that term in section 3 of the Small Business Act ( 15 U.S.C. 632 ); (4) the term socially and economically disadvantaged small business concern has the meaning given that term in section 8(a)(4)(A) of the Small Business Act ( 15 U.S.C. 6537(a)(4)(A) ); and (5) the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (b) Establishment of program The Associate Administrator shall establish a trade and export promotion program to be known as the State Trade and Export Promotion Grant Program, to make grants to States to carry out export programs that assist eligible small business concerns in— (1) participation in a foreign trade mission; (2) a foreign market sales trip; (3) a subscription to services provided by the Department of Commerce; (4) the payment of website translation fees; (5) the design of international marketing media; (6) a trade show exhibition; (7) participation in training workshops; or (8) any other export initiative determined appropriate by the Associate Administrator. (c) Grants (1) Joint review In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State that export or to increase the value of the exports by eligible small business concerns in the State. (2) Considerations In making grants under this section, the Associate Administrator may give priority to an application by a State that proposes a program that— (A) focuses on eligible small business concerns as part of an export promotion program; (B) demonstrates success in promoting exports by— (i) socially and economically disadvantaged small business concerns; (ii) small business concerns owned or controlled by women; and (iii) rural small business concerns; (C) promotes exports from a State that is not 1 of the 10 States with the highest percentage of exporters that are small business concerns, based upon the latest data available from the Department of Commerce; and (D) promotes new-to-market export opportunities to Sub-Saharan Africa for eligible small business concerns in the United States. (3) Limitations (A) Single application A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. (B) Proportion of amounts The total value of grants under the program made during a fiscal year to the 10 States with the highest number of exporters that are small business concerns, based upon the latest data available from the Department of Commerce, shall be not more than 40 percent of the amounts appropriated for the program for that fiscal year. (4) Application A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish. (d) Competitive basis The Associate Administrator shall award grants under the program on a competitive basis. (e) Federal share The Federal share of the cost of an export program carried out using a grant under the program shall be— (1) for a State that has a high export volume, as determined by the Associate Administrator, not more than 65 percent; and (2) for a State that does not have a high export volume, as determined by the Associate Administrator, not more than 75 percent. (f) Non-Federal share The non-Federal share of the cost of an export program carried using a grant under the program shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program. (g) Reports The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the State Trade and Export Promotion Grant Program, which shall include— (1) the description of the program and the selection process conducted by States to award grants to small business concerns; (2) the number and amount of grants made under the program during the preceding year; (3) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with grant; (4) the effect of each grant on exports by eligible small business concerns in the State receiving the grant; and (5) the number of grants and amounts awarded under the program covering exports to Sub-Saharan Africa. (h) Reviews by inspector general (1) In general The Inspector General of the Administration shall conduct a review of— (A) the extent to which recipients of grants under the program are measuring the performance of the activities being conducted and the results of the measurements; and (B) the overall management and effectiveness of the program. (2) Report Not later than the date that is 2 years after the date of enactment of this section, and every 2 years thereafter, the Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the review conducted under paragraph (1). (i) Authorization of appropriations There is authorized to be appropriated to carry out the program $30,000,000 for each fiscal year after the date of enactment of this section. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3619ih/xml/BILLS-113hr3619ih.xml
113-hr-3620	I 113th CONGRESS 1st Session H. R. 3620 IN THE HOUSE OF REPRESENTATIVES November 22, 2013 Ms. Bass (for herself, Mr. Bishop of New York , Mr. Waxman , Ms. Hahn , and Ms. Roybal-Allard ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend titles 23 and 49, United States Code, to allow local hiring for transportation projects. 1. Short title This Act may be cited as the Local Hire Act . 2. Highway projects Section 112 of title 23, United States Code, is amended by adding at the end the following: (h) Local hiring (1) In general Notwithstanding any other provision of law, a State may establish local hiring bid specifications or consider the hiring of local workers in the evaluation of bids and proposals for a project under this title. (2) Definition For purposes of this subsection, the term local means the geographic boundaries of a local area, as defined by the contracting agency, in which the project is located. . 3. Public transportation projects Section 5325 of title 49, United States Code, is amended by adding at the end the following: (k) Local hiring (1) In general Notwithstanding any other provision of law, a recipient of assistance under this chapter may establish local hiring bid specifications or consider local hiring in the evaluation of bids and proposals for a project under this chapter. (2) Definition For purposes of this subsection, the term local means the geographic boundaries of a local area, as defined by the contracting agency, in which the project is located. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3620ih/xml/BILLS-113hr3620ih.xml
113-hr-3621	I 113th CONGRESS 1st Session H. R. 3621 IN THE HOUSE OF REPRESENTATIVES November 22, 2013 Mr. Duffy introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for access to health insurance coverage of life-sustaining treatments furnished by certain providers. 1. Providing for access to health insurance coverage of life-sustaining treatments furnished by certain providers (a) In general Notwithstanding any other provision of law, in the case of an individual who resides in a State and who as of December 31 of a year had in effect health insurance coverage that provided benefits for a life-sustaining treatment, with respect to a health condition of such individual, furnished by a provider that before such date furnished one or more services to such individual related to such condition, if— (1) such coverage for such individual is not continued for the plan year beginning after such date; and (2) there is no health insurance coverage offered in such State that provides for coverage of such life-saving treatment by such provider; the individual may enroll in health insurance coverage offered in any other State, which provides for coverage of such operation by such provider, as if such individual were a resident of such other State. (b) Life-Sustaining treatment defined For purposes of subsection (a), the term life-sustaining treatment means, with respect to an individual, any medical device or procedure, including a drug, ventilator, surgery, therapy, or artificially provided fluids and nutrients, that, as certified by the health care provider of such individual, is required to increase life expectancy of such individual by restoring or taking over a vital bodily function.	https://www.govinfo.gov/content/pkg/BILLS-113hr3621ih/xml/BILLS-113hr3621ih.xml
113-hr-3622	I 113th CONGRESS 1st Session H. R. 3622 IN THE HOUSE OF REPRESENTATIVES November 22, 2013 Mr. Duffy 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 , the Judiciary , Natural Resources , House Administration , Rules , and Appropriations , 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 provide for comprehensive health reform, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Patient Centered Healthcare Savings Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Repealing of PPACA Sec. 101. Repeal of the health care reform package. Title II—Medical Liability Reform Sec. 201. Findings and purpose. Sec. 202. Encouraging speedy resolution of claims. Sec. 203. Compensating patient injury. Sec. 204. Maximizing patient recovery. Sec. 205. Punitive damages. Sec. 206. Authorization of payment of future damages to claimants in HEALTH care lawsuits. Sec. 207. Definitions. Sec. 208. Effect on other laws. Sec. 209. State flexibility and protection of States’ rights. Sec. 210. Applicability; effective date. Title III—Allowing People To Purchase Health Insurance Across State Lines Sec. 301. Specification of constitutional authority for enactment of law. Sec. 302. Findings. Sec. 303. Cooperative governing of individual health insurance coverage. Sec. 304. Severability. Title IV—Increasing Transparency and Competition in Healthcare Sec. 401. Expanding availability of Medicare data. Title V—Expanding the Effectiveness of Health Savings Accounts Sec. 501. Amendment of 1986 Code. Subtitle A—Provisions relating to tax-Preferred health accounts Sec. 511. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 512. Provisions relating to Medicare. Sec. 513. Individuals eligible for veterans benefits for a service-connected disability. Sec. 514. Individuals eligible for Indian Health Service assistance. Sec. 515. Individuals eligible for TRICARE coverage. Sec. 516. Health FSA carryforwards. Sec. 517. FSA and HRA interaction with HSAs. Sec. 518. Allowance of distributions for prescription and over-the-counter medicines and drugs. Sec. 519. Purchase of health insurance from HSA account. Sec. 520. Special rule for certain medical expenses incurred before establishment of account. Sec. 521. Preventive care prescription drug clarification. Sec. 522. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 523. Administrative error correction before due date of return. Sec. 524. Reauthorization of medicaid health opportunity accounts. Subtitle B—Other provisions Sec. 531. Certain exercise equipment and physical fitness programs treated as medical care. Sec. 532. Certain nutritional and dietary supplements to be treated as medical care. Sec. 533. Certain provider fees to be treated as medical care. Title VI—Covering People with Pre-Existing Conditions, Removing Annual and Lifetime Coverage Caps, and Expanding Access to Care Subtitle A—Making Health Care Coverage Affordable for Every American Chapter 1—Ensuring coverage for individuals with preexisting conditions and multiple health care needs Sec. 601. Establish universal access programs to improve high risk pools and reinsurance markets. Sec. 602. Elimination of certain requirements for guaranteed availability in individual market. Sec. 603. No annual or lifetime spending caps. Sec. 604. Preventing unjust cancellation of insurance coverage. Chapter 2—Reducing health care premiums and the number of uninsured Americans Sec. 611. State innovation programs. Sec. 612. Health plan finders. Sec. 613. Administrative simplification. Subtitle B—Improving Access to Health Care Chapter 1—Expanding Access and Lowering Costs for Small Businesses Sec. 620. Short title. Sec. 621. Rules governing association health plans. Sec. 622. Clarification of treatment of single employer arrangements. Sec. 623. Enforcement provisions relating to association health plans. Sec. 624. Cooperation between Federal and State authorities. Sec. 625. Effective date and transitional and other rules. Chapter 2—Targeted Efforts To Expand Access Sec. 631. Extending coverage of dependents. Sec. 632. Allowing auto-enrollment for employer sponsored coverage. Title VII—Stopping Medicare, Waste, Fraud, and Abuse and Increasing Penalties for Abusers Sec. 701. Increased civil money penalties and criminal fines for Medicare fraud and abuse. Sec. 702. Increased sentences for felonies involving Medicare fraud and abuse. Sec. 703. Other DME supplier anti-fraud and abuse provisions. Sec. 704. Retention of certain fraud and abuse provisions. Sec. 705. Ensuring timely enforcement of Medicare secondary payer requirements in liability cases. I Repealing of PPACA 101. Repeal of the health care reform package (a) PPACA The Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) HCERA Title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 are repealed, and the provisions of law amended or repealed by such title or subtitle are restored or revived as if such title or subtitle had not been enacted. II Medical Liability Reform 201. Findings and purpose (a) Findings (1) Effect on health care access and costs Congress finds that our current civil justice system is adversely affecting patient access to health care services, better patient care, and cost-efficient health care, in that the health care liability system is a costly and ineffective mechanism for resolving claims of health care liability and compensating injured patients, and is a deterrent to the sharing of information among health care professionals which impedes efforts to improve patient safety and quality of care. (2) Effect on federal spending Congress finds that the health care liability litigation systems existing throughout the United States have a significant effect on the amount, distribution, and use of Federal funds because of— (A) the large number of individuals who receive health care benefits under programs operated or financed by the Federal Government; (B) the large number of individuals who benefit because of the exclusion from Federal taxes of the amounts spent to provide them with health insurance benefits; and (C) the large number of health care providers who provide items or services for which the Federal Government makes payments. (b) Purpose It is the purpose of this title to implement reasonable, comprehensive, and effective health care liability reforms designed to— (1) improve the availability of health care services in cases in which health care liability actions have been shown to be a factor in the decreased availability of services; (2) reduce the incidence of defensive medicine and lower the cost of health care liability insurance, all of which contribute to the escalation of health care costs; (3) ensure that persons with meritorious health care injury claims receive fair and adequate compensation, including reasonable noneconomic damages; (4) improve the fairness and cost-effectiveness of our current health care liability system to resolve disputes over, and provide compensation for, health care liability by reducing uncertainty in the amount of compensation provided to injured individuals; and (5) provide an increased sharing of information in the health care system which will reduce unintended injury and improve patient care. 202. Encouraging speedy resolution of claims The time for the commencement of a health care lawsuit shall be 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of manifestation of injury unless tolled for any of the following— (1) upon proof of fraud; (2) intentional concealment; or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that actions by a minor under the full age of 6 years shall be commenced within 3 years of manifestation of injury or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the injured minor. 203. Compensating patient injury (a) Unlimited Amount of Damages for Actual Economic Losses in Health Care Lawsuits In any health care lawsuit, nothing in this title shall limit a claimant’s recovery of the full amount of the available economic damages, notwithstanding the limitation in subsection (b) . (b) Additional Noneconomic Damages In any health care lawsuit, the amount of noneconomic damages, if available, may be as much as $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury. (c) No Discount of Award for Noneconomic Damages For purposes of applying the limitation in subsection (b) , future noneconomic damages shall not be discounted to present value. The jury shall not be informed about the maximum award for noneconomic damages. An award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law. If separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages shall be reduced first. (d) Fair Share Rule In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility. Whenever a judgment of liability is rendered as to any party, a separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this section, the trier of fact shall determine the proportion of responsibility of each party for the claimant’s harm. 204. Maximizing patient recovery (a) Court Supervision of Share of Damages Actually Paid to Claimants In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. In particular, in any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant’s damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity. In no event shall the total of all contingent fees for representing all claimants in a health care lawsuit exceed the following limits: (1) Forty percent of the first $50,000 recovered by the claimant(s). (2) Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s). (3) Twenty-five percent of the next $500,000 recovered by the claimant(s). (4) Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000. (b) Applicability The limitations in this section shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution. In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this section. The requirement for court supervision in the first two sentences of subsection (a) applies only in civil actions. 205. Punitive damages (a) In General Punitive damages may, if otherwise permitted by applicable State or Federal law, be awarded against any person in a health care lawsuit only if it is proven by clear and convincing evidence that such person acted with malicious intent to injure the claimant, or that such person deliberately failed to avoid unnecessary injury that such person knew the claimant was substantially certain to suffer. In any health care lawsuit where no judgment for compensatory damages is rendered against such person, no punitive damages may be awarded with respect to the claim in such lawsuit. No demand for punitive damages shall be included in a health care lawsuit as initially filed. A court may allow a claimant to file an amended pleading for punitive damages only upon a motion by the claimant and after a finding by the court, upon review of supporting and opposing affidavits or after a hearing, after weighing the evidence, that the claimant has established by a substantial probability that the claimant will prevail on the claim for punitive damages. At the request of any party in a health care lawsuit, the trier of fact shall consider in a separate proceeding— (1) whether punitive damages are to be awarded and the amount of such award; and (2) the amount of punitive damages following a determination of punitive liability. If a separate proceeding is requested, evidence relevant only to the claim for punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded. (b) Determining Amount of Punitive Damages (1) Factors considered In determining the amount of punitive damages, if awarded, in a health care lawsuit, the trier of fact shall consider only the following— (A) the severity of the harm caused by the conduct of such party; (B) the duration of the conduct or any concealment of it by such party; (C) the profitability of the conduct to such party; (D) the number of products sold or medical procedures rendered for compensation, as the case may be, by such party, of the kind causing the harm complained of by the claimant; (E) any criminal penalties imposed on such party, as a result of the conduct complained of by the claimant; and (F) the amount of any civil fines assessed against such party as a result of the conduct complained of by the claimant. (2) Maximum award The amount of punitive damages, if awarded, in a health care lawsuit may be as much as $250,000 or as much as two times the amount of economic damages awarded, whichever is greater. The jury shall not be informed of this limitation. (c) No Punitive Damages for Products That Comply With FDA Standards (1) In general (A) No punitive damages may be awarded against the manufacturer or distributor of a medical product, or a supplier of any component or raw material of such medical product, based on a claim that such product caused the claimant’s harm where— (i) (I) such medical product was subject to premarket approval, clearance, or licensure by the Food and Drug Administration with respect to the safety of the formulation or performance of the aspect of such medical product which caused the claimant’s harm or the adequacy of the packaging or labeling of such medical product; and (II) such medical product was so approved, cleared, or licensed; or (ii) such medical product is generally recognized among qualified experts as safe and effective pursuant to conditions established by the Food and Drug Administration and applicable Food and Drug Administration regulations, including without limitation those related to packaging and labeling, unless the Food and Drug Administration has determined that such medical product was not manufactured or distributed in substantial compliance with applicable Food and Drug Administration statutes and regulations. (B) Rule of construction Subparagraph (A) may not be construed as establishing the obligation of the Food and Drug Administration to demonstrate affirmatively that a manufacturer, distributor, or supplier referred to in such subparagraph meets any of the conditions described in such subparagraph. (2) Liability of health care providers A health care provider who prescribes, or who dispenses pursuant to a prescription, a medical product approved, licensed, or cleared by the Food and Drug Administration shall not be named as a party to a product liability lawsuit involving such product and shall not be liable to a claimant in a class action lawsuit against the manufacturer, distributor, or seller of such product. Nothing in this paragraph prevents a court from consolidating cases involving health care providers and cases involving products liability claims against the manufacturer, distributor, or product seller of such medical product. (3) Packaging In a health care lawsuit for harm which is alleged to relate to the adequacy of the packaging or labeling of a drug which is required to have tamper-resistant packaging under regulations of the Secretary of Health and Human Services (including labeling regulations related to such packaging), the manufacturer or product seller of the drug shall not be held liable for punitive damages unless such packaging or labeling is found by the trier of fact by clear and convincing evidence to be substantially out of compliance with such regulations. (4) Exception Paragraph (1) shall not apply in any health care lawsuit in which— (A) a person, before or after premarket approval, clearance, or licensure of such medical product, knowingly misrepresented to or withheld from the Food and Drug Administration information that is required to be submitted under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) that is material and is causally related to the harm which the claimant allegedly suffered; or (B) a person made an illegal payment to an official of the Food and Drug Administration for the purpose of either securing or maintaining approval, clearance, or licensure of such medical product. 206. Authorization of payment of future damages to claimants in HEALTH care lawsuits (a) In General In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws. (b) Applicability This section applies to all actions which have not been first set for trial or retrial before the effective date of this Act. 207. Definitions In this title: (1) Alternative dispute resolution system; ADR The term alternative dispute resolution system or ADR means a system that provides for the resolution of health care lawsuits in a manner other than through a civil action brought in a State or Federal court. (2) Claimant The term claimant means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity, or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor. (3) Compensatory damages The term compensatory damages means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities, damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. The term compensatory damages includes economic damages and noneconomic damages, as such terms are defined in this section. (4) Contingent fee The term contingent fee includes all compensation to any person or persons which is payable only if a recovery is effected on behalf of one or more claimants. (5) Economic damages The term economic damages means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities. (6) Health care lawsuit The term health care lawsuit means any health care liability claim concerning the provision of health care goods or services or any medical product affecting interstate commerce, or any health care liability action concerning the provision of health care goods or services or any medical product affecting interstate commerce, brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal, State, or local government; or which is grounded in antitrust. (7) Health care liability action The term health care liability action means a civil action brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (8) Health care liability claim The term health care liability claim means a demand by any person, whether or not pursuant to ADR, against a health care provider, health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, including, but not limited to, third-party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care services or medical products, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action. (9) Health care organization The term health care organization means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (10) Health care provider The term health care provider means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (11) Health care goods or services The term health care goods or services means any goods or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (12) Malicious intent to injure The term malicious intent to injure means intentionally causing or attempting to cause physical injury other than providing health care goods or services. (13) Medical product The term medical product means a drug, device, or biological product intended for humans, and the terms drug , device , and biological product have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ), respectively, including any component or raw material used therein, but excluding health care services. (14) Noneconomic damages The term noneconomic damages means damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (15) Punitive damages The term punitive damages means damages awarded, for the purpose of punishment or deterrence, and not solely for compensatory purposes, against a health care provider, health care organization, or a manufacturer, distributor, or supplier of a medical product. Punitive damages are neither economic nor noneconomic damages. (16) Recovery The term recovery means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorneys’ office overhead costs or charges for legal services are not deductible disbursements or costs for such purpose. (17) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof. 208. Effect on other laws (a) Vaccine Injury (1) To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death— (A) this title does not affect the application of the rule of law to such an action; and (B) any rule of law prescribed by this title in conflict with a rule of law of such title XXI shall not apply to such action. (2) If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this title or otherwise applicable law (as determined under this title) will apply to such aspect of such action. (b) Other Federal Law Except as provided in this section, nothing in this title shall be deemed to affect any defense available to a defendant in a health care lawsuit or action under any other provision of Federal law. 209. State flexibility and protection of States’ rights (a) Health Care Lawsuits The provisions governing health care lawsuits set forth in this title preempt, subject to subsections (b) and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this title. The provisions governing health care lawsuits set forth in this title supersede chapter 171 of title 28, United States Code, to the extent that such chapter— (1) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this title; or (2) prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits. (b) Protection of States’ Rights and Other Laws (1) Any issue that is not governed by any provision of law established by or under this title (including State standards of negligence) shall be governed by otherwise applicable State or Federal law. (2) This title shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided by this title or create a cause of action. (c) State Flexibility No provision of this title shall be construed to preempt— (1) any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of compensatory or punitive damages (or the total amount of damages) that may be awarded in a health care lawsuit, regardless of whether such monetary amount is greater or lesser than is provided for under this title, notwithstanding section 204(a) ; or (2) any defense available to a party in a health care lawsuit under any other provision of State or Federal law. 210. Applicability; effective date This title shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this Act, except that any health care lawsuit arising from an injury occurring prior to the date of the enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred. III Allowing People To Purchase Health Insurance Across State Lines 301. Specification of constitutional authority for enactment of law This title is enacted pursuant to the power granted Congress under article I, section 8, clause 3, of the United States Constitution. 302. Findings Congress finds the following: (1) The application of numerous and significant variations in State law and the implementation of the Patient Protection and Affordable Care Act impacts the ability of insurers to offer, and individuals to obtain, affordable individual health insurance coverage, thereby impeding commerce in individual health insurance coverage. (2) Mandates for health care coverage established by title I of the Patient Protection and Affordable Care Act will significantly elevate health insurance costs beyond State and Federal ability to pay. (3) Individual health insurance coverage is increasingly offered through the Internet, other electronic means, and by mail, all of which are inherently part of interstate commerce. (4) In response to these issues, it is appropriate to encourage increased efficiency in the offering of individual health insurance coverage through a collaborative approach by the States in regulating this coverage. (5) The establishment of risk-retention groups has provided a successful model for the sale of insurance across State lines, as the acts establishing those groups allow insurance to be sold in multiple States but regulated by a single State. 303. Cooperative governing of individual 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 Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual 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 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 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) 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. (6) 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. (7) 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 health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; (iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual 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 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. (8) 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. (9) 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. (10) 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 (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 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 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 individual 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). 304. Severability If any provision of this title or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this title and the application of the provisions of such to any other person or circumstance shall not be affected. IV Increasing Transparency and Competition in Healthcare 401. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning with 2014, notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ) and the second sentence of paragraph (4)(D) of such section, a qualified entity may use data received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), for additional non-public analyses (as determined appropriate by the Secretary of Health and Human Services) or provide or sell such data to registered or authorized users and subscribers, including to providers of services and suppliers, for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (2) Definitions In this section: (A) The term qualified entity has the meaning given such term in section 1874(e)(2) of the Social Security Act ( 42 U.S.C. 1395kk(e) ). (B) The terms supplier and provider of services have the meanings given such terms in subsections (d) and (u), respectively, of section 1861 of the Social Security Act ( 42 U.S.C. 1395x ). (b) Access to Medicare data to providers of services and suppliers To facilitate development of alternative payment models and to qualified clinical data registries To facilitate quality improvement Consistent with applicable laws and regulations with respect to privacy and other relevant matters, the Secretary shall provide Medicare claims data (in a form and manner determined to be appropriate) to— (1) qualified entities, that may share with providers of services and suppliers that are registered or authorized users or subscribers, for non-public use including to facilitate the development of new models of care (including development of Alternate Payment Models under section 1848A of the Social Security Act, models for small group specialty practices, and care coordination models); and (2) qualified clinical data registries under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) ) for purposes of linking such data with clinical outcomes data and performing and disseminating risk-adjusted, scientifically valid analysis and research to support quality improvement or patient safety, provided that any public reporting of identifiable provider data shall only be conducted with prior consent of such provider. V Expanding the Effectiveness of Health Savings Accounts 501. Amendment of 1986 Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. A Provisions relating to tax-Preferred health accounts 511. Allow both spouses to make catch-up contributions to the same HSA account (a) In general Paragraph (3) of section 223(b) is amended by adding at the end the following new subparagraph: (C) Special rule where both spouses are eligible individuals with 1 account If— (i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and (ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 512. Provisions relating to Medicare (a) Individuals over age 65 only enrolled in Medicare Part A Paragraph (7) of section 223(b) is amended by adding at the end the following: This paragraph shall not apply to any individual during any period for which the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act. . (b) Medicare beneficiaries participating in Medicare advantage MSA may contribute their own money to their MSA Subsection (b) of section 138 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 513. Individuals eligible for veterans benefits for a service-connected disability (a) In general Paragraph (1) of section 223(c) is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for certain veterans benefits For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 514. Individuals eligible for Indian Health Service assistance (a) In general Paragraph (1) of section 223(c), as amended by section 612, is amended by adding at the end the following new subparagraph: (D) Special rule for individuals eligible for assistance under Indian Health Service programs For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives hospital care or medical services under a medical care program of the Indian Health Service or of a tribal organization. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 515. Individuals eligible for TRICARE coverage (a) In general Paragraph (1) of section 223(c), as amended by sections 613 and 614, is amended by adding at the end the following new subparagraph: (E) Special rule for individuals eligible for assistance under tricare For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive hospital care, medical services, or prescription drugs under TRICARE Extra or TRICARE Standard and such individual is not enrolled in TRICARE Prime. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 516. Health FSA carryforwards (a) In general Section 125 is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection: (i) Special rules applicable to health flexible spending arrangements (1) In general For purposes of this title, a plan or other arrangement shall not fail to be treated as a health flexible spending or similar arrangement solely because under the plan or arrangement a participant is permitted access to any unused balance in the participant’s accounts under such plan or arrangement in the manner provided under paragraph (2). (2) Carryforward of unused benefits in health arrangements (A) In general A plan or arrangement may permit a participant in a health flexible spending arrangement to elect to carry forward any aggregate unused balances in the participant’s accounts under such arrangement as of the close of any year to the succeeding year. Such carryforward shall be treated as having occurred within 30 days of the close of the year. (B) Dollar limit on carryforwards (i) In general The amount which a participant may elect to carry forward under subparagraph (A) from any year shall not exceed $500. For purposes of this paragraph, all plans and arrangements maintained by an employer or any related person shall be treated as 1 plan. (ii) Cost-of-living adjustment In the case of any taxable year beginning in a calendar year after 2013, the $500 amount under clause (i) shall be increased by an amount equal to— (I) $500, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 2012 for 1992 in subparagraph (B) thereof. If any dollar amount as increased under this clause is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. (C) Exclusion from gross income No amount shall be required to be included in gross income under this chapter by reason of any carryforward under this paragraph. (D) Coordination with limits The maximum amount which may be contributed to a health flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall be reduced by such amount. (3) Terms relating to flexible spending arrangements (A) Flexible spending arrangements For purposes of this subsection, a flexible spending arrangement is a benefit program which provides employees with coverage under which specified incurred expenses may be reimbursed (subject to reimbursement maximums and other reasonable conditions). (B) Health arrangements The term health flexible spending arrangement means any flexible spending arrangement (or portion thereof) which provides payments for expenses incurred for medical care (as defined in section 213(d)). . (b) Conforming amendments (1) The heading for section 125 of the Internal Revenue Code of 1986 is amended by inserting and health flexible spending arrangements after plans . (2) The item relating to section 125 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting and health flexible spending arrangements after plans . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 517. FSA and HRA interaction with HSAs (a) Eligible individuals include FSA and HRA participants Subparagraph (B) of section 223(c)(1) is amended— (1) by striking and at the end of clause (ii), (2) by striking the period at the end of clause (iii) and inserting , and , and (3) by inserting after clause (iii) the following new clause: (iv) coverage under a health flexible spending arrangement or a health reimbursement arrangement in the plan year a qualified HSA distribution as described in section 106(e) is made on behalf of the individual if after the qualified HSA distribution is made and for the remaining duration of the plan year, the coverage provided under the health flexible spending arrangement or health reimbursement arrangement is converted to— (I) coverage that does not pay or reimburse any medical expense incurred before the minimum annual deductible under paragraph (2)(A)(i) (prorated for the period occurring after the qualified HSA distribution is made) is satisfied, (II) coverage that, after the qualified HSA distribution is made, does not pay or reimburse any medical expense incurred after the qualified HSA distribution is made other than preventive care as defined in paragraph (2)(C), (III) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for coverage described in clause (ii) (but not through insurance or for long-term care services), (IV) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for permitted insurance or coverage described in clause (ii) (but not for long-term care services), (V) coverage that, after the qualified HSA distribution is made, pays or reimburses only those medical expenses incurred after an individual’s retirement (and no expenses incurred before retirement), or (VI) coverage that, after the qualified HSA distribution is made, is suspended, pursuant to an election made on or before the date the individual elects a qualified HSA distribution or, if later, on the date of the individual enrolls in a high deductible health plan, that does not pay or reimburse, at any time, any medical expense incurred during the suspension period except as defined in the preceding subclauses of this clause. . (b) Qualified HSA distribution shall not affect flexible spending arrangement Paragraph (1) of section 106(e) is amended to read as follows: (1) In general A plan shall not fail to be treated as a health flexible spending arrangement under this section, section 105, or section 125, or as a health reimbursement arrangement under this section or section 105, merely because such plan provides for a qualified HSA distribution. . (c) FSA balances at year end shall not forfeit Paragraph (2) of section 125(d) is amended by adding at the end the following new subparagraph: (E) Exception for qualified HSA distributions Subparagraph (A) shall not apply to the extent that there is an amount remaining in a health flexible spending account at the end of a plan year that an individual elects to contribute to a health savings account pursuant to a qualified HSA distribution (as defined in section 106(e)(2)). . (d) Simplification of limitations on FSA and HRA rollovers Paragraph (2) of section 106(e) is amended to read as follows: (2) Qualified HSA distribution (A) In general The term qualified HSA distribution means a distribution from a health flexible spending arrangement or health reimbursement arrangement to the extent that such distribution does not exceed the lesser of— (i) the balance in such arrangement as of the date of such distribution, or (ii) the amount determined under subparagraph (B). Such term shall not include more than 1 distribution with respect to any arrangement. (B) Dollar limitations (i) Distributions from a health flexible spending arrangement A qualified HSA distribution from a health flexible spending arrangement shall not exceed the applicable amount. (ii) Distributions from a health reimbursement arrangement A qualified HSA distribution from a health reimbursement arrangement shall not exceed— (I) the applicable amount divided by 12, multiplied by (II) the number of months during which the individual is a participant in the health reimbursement arrangement. (iii) Applicable amount For purposes of this subparagraph, the applicable amount is— (I) $2,250 in the case of an eligible individual who has self-only coverage under a high deductible health plan at the time of such distribution, and (II) $4,500 in the case of an eligible individual who has family coverage under a high deductible health plan at the time of such distribution. . (e) Elimination of additional tax for failure To maintain high deductible health plan coverage Subsection (e) of section 106 is amended— (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively, and (2) by striking subparagraph (A) of paragraph (3), as so redesignated, and redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B) thereof, respectively. (f) Limited purpose FSAs and HRAs Subsection (e) of section 106 , as amended by this section, is amended by adding at the end the following new paragraph: (5) Limited purpose FSAs and HRAs A plan shall not fail to be a health flexible spending arrangement or health reimbursement arrangement under this section or section 105 merely because the plan converts coverage for individuals who enroll in a high deductible health plan described in section 223(c)(2) to coverage described in section 223(c)(1)(B)(iv). Coverage for such individuals may be converted as of the date of enrollment in the high deductible health plan, without regard to the period of coverage under the health flexible spending arrangement or health reimbursement arrangement, and without requiring any change in coverage to individuals who do not enroll in a high deductible health plan. . (g) Distribution amounts adjusted for cost-of-Living Subsection (e) of section 106 , as amended by this section, is amended by adding at the end the following new paragraph: (6) Cost-of-living adjustment (A) In general In the case of any taxable year beginning after December 31, 2013, each of the dollar amounts in paragraph (2)(B)(iii) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. . (h) Disclaimer of disqualifying coverage Subparagraph (B) of section 223(c)(1), as amended by this section, is amended— (1) by striking and at the end of clause (iii), (2) by striking the period at the end of clause (iv) and inserting , and , and (3) by inserting after clause (iv) the following new clause: (v) any coverage (including prospective coverage) under a health plan that is not a high deductible health plan which is disclaimed in writing, at the time of the creation or organization of the health savings account, including by execution of a trust described in subsection (d)(1) through a governing instrument that includes such a disclaimer, or by acceptance of an amendment to such a trust that includes such a disclaimer. . (i) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 518. Allowance of distributions for prescription and over-the-counter medicines and drugs (a) Reference To repeal of distributions for medicine qualified only if for prescribed drug or insulin Section 101 of this Act provides for the repeal of section 9003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the amendments made by such section. The Internal Revenue Code of 1986 shall be applied as if such section 9003 and amendments had never been enacted. (b) Allowance of distributions for all medicines and drugs (1) HSA s Subparagraph (A) of section 223(d)(2) is amended by adding at the end the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug. . (2) Archer MSAs Subparagraph (A) of section 220(d)(2) is amended by adding at the end the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug. . (3) Health flexible spending arrangements and health reimbursement arrangements Section 106 is amended by adding at the end the following new subsection: (f) Reimbursements for all medicines and drugs For purposes of this section and section 105, reimbursement for expenses incurred for any prescription or over-the-counter medicine or drug shall be treated as a reimbursement for medical expenses. . (4) Effective dates (A) Distributions from savings accounts The amendments made by paragraphs (1) and (2) shall apply to amounts paid with respect to taxable years beginning after December 31, 2013. (B) Reimbursements The amendment made by paragraph (3) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2013. 519. Purchase of health insurance from HSA account (a) In general Paragraph (2) of section 223(d) is amended to read as follows: (2) Qualified medical expenses (A) In general The term qualified medical expenses means, with respect to an account beneficiary, amounts paid by such beneficiary for medical care (as defined in section 213(d)) for any individual covered by a high deductible health plan of the account beneficiary, but only to the extent such amounts are not compensated for by insurance or otherwise. (B) Health insurance may not be purchased from account Except as provided in subparagraph (C), subparagraph (A) shall not apply to any payment for insurance. (C) Exceptions Subparagraph (B) shall not apply to any expense for coverage under— (i) a health plan during any period of continuation coverage required under any Federal law, (ii) a qualified long-term care insurance contract (as defined in section 7702B(b)), (iii) a health plan during any period in which the individual is receiving unemployment compensation under any Federal or State law, (iv) a high deductible health plan, or (v) any health insurance under title XVIII of the Social Security Act, other than a Medicare supplemental policy (as defined in section 1882 of such Act). . (b) Effective date The amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. 520. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(d), as amended by section 619, is amended by adding at the end the following new subparagraph: (D) Certain medical expenses incurred before establishment of account treated as qualified An expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred— (i) during either— (I) the taxable year in which the health savings account was established, or (II) the preceding taxable year in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and (ii) for medical care of an individual during a period that such individual was covered by a high deductible health plan and met the requirements of subsection (c)(1)(A)(ii) (after application of subsection (c)(1)(B)). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 521. Preventive care prescription drug clarification (a) Clarify use of drugs in preventive care Subparagraph (C) of section 223(c)(2) is amended by adding at the end the following: Preventive care shall include prescription and over-the-counter drugs and medicines which have the primary purpose of preventing the onset of, further deterioration from, or complications associated with chronic conditions, illnesses, or diseases. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2003. 522. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code. . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. 523. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(f) is amended by adding at the end the following new subparagraph: (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 524. Reauthorization of medicaid health opportunity accounts (a) In general Section 1938 of the Social Security Act ( 42 U.S.C. 1396u–8 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Initial demonstration The demonstration program under this section shall begin 90 days after the date of the enactment of this paragraph. The Secretary shall approve States to conduct demonstration programs under this section for a 5-year period, with each State demonstration program covering 1 or more geographic areas specified by the State. With respect to a State, after the initial 5-year period of any demonstration program conducted under this section by the State, unless the Secretary finds, taking into account cost-effectiveness and quality of care, that the State demonstration program has been unsuccessful, the demonstration program may be extended or made permanent in the State. ; and (B) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking not ; and (ii) by striking unless and inserting if ; (2) in subsection (b)— (A) in paragraph (3), by inserting clauses (i) through (vii), (viii) (without regard to the amendment made by section 2004(c)(2) of Public Law 111–148 ), (x), or (xi) of after described in ; and (B) by striking paragraphs (4), (5), and (6); (3) in subsection (c)— (A) by striking paragraphs (3) and (4); (B) by redesignating paragraphs (5) through (8) as paragraphs (3) through (6), respectively; and (C) in paragraph (4) (as redesignated by subparagraph (B)), by striking Subject to subparagraphs (D) and (E) and inserting Subject to subparagraph (D) ; and (4) in subsection (d)— (A) in paragraph (2), by striking subparagraph (E); and (B) in paragraph (3)— (i) in subparagraph (A)(ii), by striking Subject to subparagraph (B)(ii), in and inserting In ; and (ii) by striking subparagraph (B) and inserting the following: (B) Maintenance of health opportunity account after becoming ineligible for public benefit Notwithstanding any other provision of law, if an account holder of a health opportunity account becomes ineligible for benefits under this title because of an increase in income or assets— (i) no additional contribution shall be made into the account under paragraph (2)(A)(i); and (ii) the account shall remain available to the account holder for 3 years after the date on which the individual becomes ineligible for such benefits for withdrawals under the same terms and conditions as if the account holder remained eligible for such benefits, and such withdrawals shall be treated as medical assistance in accordance with subsection (c)(4). . (b) Conforming amendment Section 613 of Public Law 111–3 is repealed. B Other provisions 531. Certain exercise equipment and physical fitness programs treated as medical care (a) In general Subsection (d) of section 213 is amended by adding at the end the following new paragraph: (12) Exercise equipment and physical fitness programs (A) In general The term medical care shall include amounts paid— (i) to purchase or use equipment used in a program (including a self-directed program) of physical exercise, (ii) to participate, or receive instruction, in a program of physical exercise, and (iii) for membership dues in a fitness club the primary purpose of which is to provide access to equipment and facilities for physical exercise. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 532. Certain nutritional and dietary supplements to be treated as medical care (a) In general Subsection (d) of section 213 , as amended by section 631, is amended by adding at the end the following new paragraph: (13) Nutritional and dietary supplements (A) In general The term medical care shall include amounts paid to purchase herbs, vitamins, minerals, homeopathic remedies, meal replacement products, and other dietary and nutritional supplements. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. (C) Meal replacement product For purposes of this paragraph, the term meal replacement product means any product that— (i) is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and (ii) is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 533. Certain provider fees to be treated as medical care (a) In general Subsection (d) of section 213 , as amended by sections 631 and 632, is amended by adding at the end the following new paragraph: (14) Periodic provider fees The term medical care shall include periodic fees paid to a primary physician, physician assistant, or nurse practitioner for the right to receive medical services on an as-needed basis. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. VI Covering People with Pre-Existing Conditions, Removing Annual and Lifetime Coverage Caps, and Expanding Access to Care A Making Health Care Coverage Affordable for Every American 1 Ensuring coverage for individuals with preexisting conditions and multiple health care needs 601. Establish universal access programs to improve high risk pools and reinsurance markets (a) State requirement (1) In general Not later than January 1, 2014, each State shall— (A) subject to paragraph (3), operate— (i) a qualified State reinsurance program described in subsection (b); or (ii) qualifying State high risk pool described in subsection (c)(1); and (B) subject to paragraph (3), apply to the operation of such a program from State funds an amount equivalent to the portion of State funds derived from State premium assessments (as defined by the Secretary) that are not otherwise used on State health care programs. (2) Relation to current qualified high risk pool program (A) States not operating a qualified high risk pool In the case of a State that is not operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act— (i) the State may only meet the requirement of paragraph (1) through the operation of a qualified State reinsurance program described in subsection (b); and (ii) the State’s operation of such a reinsurance program shall be treated, for purposes of section 2745 of the Public Health Service Act, as the operation of a qualified high risk pool described in such section. (B) State operating a qualified high risk pool In the case of a State that is operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act— (i) as of January 1, 2014, such a pool shall not be treated as a qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in subsection (c)(1); and (ii) the State may use premium assessment funds described in paragraph (1)(B) to transition from operation of such a pool to operation of a qualified State reinsurance program described in subsection (b). (3) Application of funds If the program or pool operated under paragraph (1)(A) is in strong fiscal health, as determined in accordance with standards established by the National Association of Insurance Commissioners and as approved by the State Insurance Commissioner involved, the requirement of paragraph (1)(B) shall be deemed to be met. (b) Qualified State reinsurance program (1) In general For purposes of this section, a qualified State reinsurance program means a program operated by a State program that provides reinsurance for health insurance coverage offered in the small group market in accordance with the model for such a program established (as of the date of the enactment of this Act). (2) Form of program A qualified State reinsurance program may provide reinsurance— (A) on a prospective or retrospective basis; and (B) on a basis that protects health insurance issuers against the annual aggregate spending of their enrollees as well as purchase protection against individual catastrophic costs. (3) Satisfaction of HIPAA requirement A qualified State reinsurance program shall be deemed, for purposes of section 2745 of the Public Health Service Act, to be a qualified high risk pool under such section. (c) Qualifying State high risk pool (1) In general A qualifying State high risk pool described in this subsection means a current section 2745 qualified high risk pool that meets the following requirements: (A) The pool must provide at least two coverage options, one of which must be a high deductible health plan coupled with a health savings account. (B) The pool must be funded with a stable funding source. (C) The pool must eliminate any waiting lists so that all eligible residents who are seeking coverage through the pool should be allowed to receive coverage through the pool. (D) The pool must allow for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (E) The pool must limit the pool premiums to no more than 150 percent of the average premium for applicable standard risk rates in that State. (F) The pool must conduct education and outreach initiatives so that residents and brokers understand that the pool is available to eligible residents. (G) The pool must provide coverage for preventive services and disease management for chronic diseases. (2) Verification of citizenship or alien qualification (A) In general Notwithstanding any other provision of law, only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool that receives funds under section 2745 of the Public Health Service Act or this section. (B) Condition of participation As a condition of a State receiving such funds, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualifying State high risk pool to provide satisfactory documentation of citizenship or nationality in a manner consistent with section 1903(x) of the Social Security Act. (C) Records The Secretary shall keep sufficient records such that a determination of citizenship or nationality only has to be made once for any individual under this paragraph. (3) Relation to section 2745 As of January 1, 2014, a pool shall not qualify as qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in paragraph (1). (d) Waivers In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualified State reinsurance programs and for qualifying State high risk pools as the Secretary deems appropriate. (e) Funding In addition to any other amounts appropriated, there is appropriated to carry out section 2745 of the Public Health Service Act (including through a program or pool described in subsection (a)(1))— (1) $15,000,000,000 for the period of fiscal years 2014 through 2023; and (2) an additional $10,000,000,000 for the period of fiscal years 2019 through 2023. (f) Definitions In this section: (1) Health insurance coverage; health insurance issuer The terms health insurance coverage and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act. (2) Current section 2745 qualified high risk pool The term current section 2745 qualified high risk pool has the meaning given the term qualified high risk pool under section 2745(g) of the Public Health Service Act as in effect as of the date of the enactment of this Act. (3) Secretary The term Secretary means the Secretary of Health and Human Services. (4) Standard risk rate The term standard risk rate means a rate that— (A) is determined under the State high risk pool by considering the premium rates charged by other health insurance issuers offering health insurance coverage to individuals in the insurance market served; (B) is established using reasonable actuarial techniques; and (C) reflects anticipated claims experience and expenses for the coverage involved. (5) State The term State means any of the 50 States or the District of Columbia. 602. Elimination of certain requirements for guaranteed availability in individual market (a) In general Section 2741(b) of the Public Health Service Act ( 42 U.S.C. 300gg–41(b) ) is amended— (1) in paragraph (1)— (A) by striking (1)(A) and inserting (1) ; and (B) by striking and (B) and all that follows up to the semicolon at the end; (2) by adding and at the end of paragraph (2); (3) in paragraph (3)— (A) by striking (1)(A) and inserting (1) ; and (B) by striking the semicolon at the end and inserting a period; and (4) by striking paragraphs (4) and (5). (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. 603. No annual or lifetime spending caps (a) In general Notwithstanding any other provision of law, a health insurance issuer (including an entity licensed to sell insurance with respect to a State or group health plan) may not apply an annual or lifetime aggregate spending cap on any health insurance coverage or plan offered by such issuer. The restriction of the previous sentence shall not apply with respect to a health insurance coverage or plan if, as of the date of the enactment of this Act, it would result in a significant decrease in access to benefits under the plan or would significantly increase premiums under the plan. (b) Application Subsection (a) shall be enforced as if it were included as a provision in parts A and B of title XXVII of the Public Health Service Act (as such title is in effect after the date of repeal of Public Law 111–148 under section 101). 604. Preventing unjust cancellation of insurance coverage (a) Clarification regarding application of guaranteed renewability of individual health insurance coverage Section 2742 of the Public Health Service Act ( 42 U.S.C. 300gg–42 ) is amended— (1) in its heading, by inserting , continuation in force, including prohibition of rescission, after Guaranteed renewability ; (2) in subsection (a), by inserting , including without rescission, after continue in force ; and (3) in subsection (b)(2), by inserting before the period at the end the following: , including intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed . (b) Opportunity for independent, external third party review in certain cases Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: 2746. Opportunity for independent, external third party review in certain cases (a) Notice and review right If a health insurance issuer determines to nonrenew or not continue in force, including rescind, health insurance coverage for an individual in the individual market on the basis described in section 2742(b)(2) before such nonrenewal, discontinuation, or rescission, may take effect the issuer shall provide the individual with notice of such proposed nonrenewal, discontinuation, or rescission and an opportunity for a review of such determination by an independent, external third party under procedures specified by the Secretary. (b) Independent determination If the individual requests such review by an independent, external third party of a nonrenewal, discontinuation, or rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be nonrenewed, discontinued, or rescinded under section 2742(b)(2). . (c) Effective date The amendments made by this section shall apply after the date of the enactment of this Act with respect to health insurance coverage issued before, on, or after such date. 2 Reducing health care premiums and the number of uninsured Americans 611. State innovation programs (a) Programs that reduce the cost of health insurance premiums (1) Payments to States (A) For premium reductions in the small group market If the Secretary determines that a State has reduced the average per capita premium for health insurance coverage in the small group market in year 3, in year 6, or year 9 (as defined in subsection (c)) below the premium baseline for such year (as defined paragraph (2)), the Secretary shall pay the State an amount equal to the product of— (i) bonus premium percentage (as defined in paragraph (3)) for the State, market, and year; and (ii) the maximum State premium payment amount (as defined in paragraph (4)) for the State, market, and year. (B) For premium reductions in the individual market If the Secretary determines that a State has reduced the average per capita premium for health insurance coverage in the individual market in year 3, in year 6, or in year 9 below the premium baseline for such year, the Secretary shall pay the State an amount equal to the product of— (i) bonus premium percentage for the State, market, and year; and (ii) the maximum State premium payment amount for the State, market, and year. (2) Premium baseline For purposes of this subsection, the term premium baseline means, for a market in a State— (A) for year 1, the average per capita premiums for health insurance coverage in such market in the State in such year; or (B) for a subsequent year, the baseline for the market in the State for the previous year under this paragraph increased by a percentage specified in accordance with a formula established by the Secretary, in consultation with the Congressional Budget Office and the Bureau of the Census, that takes into account at least the following: (i) Growth factor The inflation in the costs of inputs to health care services in the year. (ii) Historic premium growth rates Historic growth rates, during the 10 years before year 1, of per capita premiums for health insurance coverage. (iii) Demographic considerations Historic average changes in the demographics of the population covered that impact on the rate of growth of per capita health care costs. (3) Bonus premium percentage defined (A) In general For purposes of this subsection, the term bonus premium percentage means, for the small group market or individual market in a State for a year, such percentage as determined in accordance with the following table based on the State’s premium performance level (as defined in subparagraph (B)) for such market and year: The bonus premium percentage for a State is— For year 3 if the premium performance level of the State is— For year 6 if the premium performance level of the State is— For year 9 if the premium performance level of the State is— 100 percent at least 8.5% at least 11% at least 13.5% 50 percent at least 6.38%, but less than 8.5% at least 10.38%, but less than 11% at least 12.88%, but less than 13.5% 25 percent at least 4.25%, but less than 6.38% at least 9.75%, but less than 10.38% at least 12.25%, but less than 12.88% 0 percent less than 4.25% less than 9.75% less than 12.25%. (B) Premium performance level For purposes of this subsection, the term premium performance level means, for a State, market, and year, the percentage reduction in the average per capita premiums for health insurance coverage for the State, market, and year, as compared to the premium baseline for such State, market, and year. (4) Maximum State premium payment amount defined For purposes of this subsection, the term maximum State premium payment amount means, for a State for the small group market or the individual market for a year, the product of— (A) the proportion (as determined by the Secretary), of the number of nonelderly individuals lawfully residing in all the States who are enrolled in health insurance coverage in the respective market in the year, who are residents of the State; and (B) the amount available for obligation from amounts appropriated under subsection (d) for such market with respect to performance in such year. (5) Methodology for calculating average per capita premiums (A) Establishment The Secretary shall establish, by rule and consistent with this subsection, a methodology for computing the average per capita premiums for health insurance coverage for the small group market and for the individual market in each State for each year beginning with year 1. (B) Adjustments Under such methodology, the Secretary shall provide for the following adjustments (in a manner determined appropriate by the Secretary): (i) Exclusion of illegal aliens An adjustment so as not to take into account enrollees who are not lawfully present in the United States and their premium costs. (ii) Treating State premium subsidies as premium costs An adjustment so as to increase per capita premiums to remove the impact of premium subsidies made directly by a State to reduce health insurance premiums. (6) Conditions of payment As a condition of receiving a payment under paragraph (1), a State must agree to submit aggregate, non-individually identifiable data to the Secretary, in a form and manner specified by the Secretary, for use by the Secretary to determine the State’s premium baseline and premium performance level for purposes of this subsection. (b) Programs that reduce the number of uninsured (1) In general If the Secretary determines that a State has reduced the percentage of uninsured nonelderly residents in year 5, year 7, or year 9, below the uninsured baseline (as defined in paragraph (2)) for the State for the year, the Secretary shall pay the State an amount equal to the product of— (A) bonus uninsured percentage (as defined in paragraph (3)) for the State and year; and (B) the maximum uninsured payment amount (as defined in paragraph (4)) for the State and year. (2) Uninsured baseline (A) In general For purposes of this subsection, and subject to subparagraph (B), the term uninsured baseline means, for a State, the percentage of nonelderly residents in the State who are uninsured in year 1. (B) Adjustment The Secretary may, at the written request of a State, adjust the uninsured baseline for States for a year to take into account unanticipated and exceptional changes, such as an unanticipated migration, of nonelderly individuals into, or out of, States in a manner that does not reflect substantially the proportion of uninsured nonelderly residents in the States involved in year 1. Any such adjustment shall only be done in a manner that does not result in the average of the uninsured baselines for nonelderly residents for all States being changed. (3) Bonus uninsured percentage (A) Bonus uninsured percentage For purposes of this subsection, the term bonus uninsured percentage means, for a State for a year, such percentage as determined in accordance with the following table, based on the uninsured performance level (as defined in subparagraph (B)) for such State and year: The bonus uninsured percentage for a State is— For year 5 if the uninsured performance level of the State is— For year 7 if the uninsured performance level of the State is— For year 9 if the uninsured performance level of the State is— 100 percent at least 10% at least 15% at least 20% 50 percent at least 7.5% but less than 10% at least 13.75% but less than 15% at least 18.75% but less than 20% 25 percent at least 5% but less than 7.5% at least 12.5% but less than 13.75% at least 17.5% but less than 18.75% 0 percent less than 5% less than 12.5% less than 17.5%. (B) Uninsured performance level For purposes of this subsection, the term uninsured performance level means, for a State for a year, the reduction (expressed as a percentage) in the percentage of uninsured nonelderly residents in such State in the year as compared to the uninsured baseline for such State for such year. (4) Maximum State uninsured payment amount defined For purposes of this subsection, the term maximum State uninsured payment amount means, for a State for a year, the product of— (A) the proportion (as determined by the Secretary), of the number of uninsured nonelderly individuals lawfully residing in all the States in the year, who are residents of the State; and (B) the amount available for obligation under this subsection from amounts appropriated under subsection (d) with respect to performance in such year. (5) Methodology for computing the percentage of uninsured nonelderly residents in a State (A) Establishment The Secretary shall establish, by rule and consistent with this subsection, a methodology for computing the percentage of nonelderly residents in a State who are uninsured in each year beginning with year 1. (B) Rules (i) Treatment of uninsured Such methodology shall treat as uninsured those residents who do not have health insurance coverage or other creditable coverage (as defined in section 9801(c)(1) of the Internal Revenue Code of 1986), except that such methodology shall rely upon data on the nonelderly and uninsured populations within each State in such year provided through population surveys conducted by federal agencies. (ii) Limitation to nonelderly Such methodology shall exclude individuals who are 65 years of age or older. (iii) Exclusion of illegal aliens Such methodology shall exclude individuals not lawfully present in the United States. (6) Conditions of payment As a condition of receiving a payment under paragraph (1), a State must agree to submit aggregate, non-individually identifiable data to the Secretary, in a form and manner specified by the Secretary, for use by the Secretary in determining the State’s uninsured baseline and uninsured performance level for purposes of this subsection. (c) Definitions For purposes of this section: (1) Group health plan The term group health plan has the meaning given such term in section 9832(a) of the Internal Revenue Code of 1986. (2) Health insurance coverage The term health insurance coverage has the meaning given such term in section 9832(b)(1) of the Internal Revenue Code of 1986. (3) Individual market Except as the Secretary may otherwise provide in the case of group health plans that have fewer than 2 participants as current employees on the first day of a plan year, the term individual market means the market for health insurance coverage offered to individuals other than in connection with a group health plan. (4) Secretary The term Secretary means the Secretary of Health and Human Services. (5) Small group market The term small group market means the market for health insurance coverage under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by an employer who employed on average at least 2 but not more than 50 employees on business days during a calendar year. (6) State The term State means any of the 50 States and the District of Columbia. (7) Years The terms year 1 , year 2 , year 3 , and similar subsequently numbered years mean 2014, 2015, 2016, and subsequent sequentially numbered years. (d) Appropriations; payments (1) Payments for reductions in cost of health insurance coverage (A) Small group market (i) In general From any funds in the Treasury not otherwise appropriated, there is appropriated for payments under subsection (a)(1)(A)— (I) $18,000,000,000 with respect to performance in year 3; (II) $5,000,000,000 with respect to performance in year 6; and (III) $2,000,000,000 with respect to performance in year 9. (ii) Availability of appropriated funds Funds appropriated under clause (i) shall remain available until expended. (B) Individual market (i) In general Subject to clause (ii), from any funds in the Treasury not otherwise appropriated, there is appropriated for payments under subsection (a)(1)(B)— (I) $7,000,000,000 with respect to performance in year 3; (II) $2,000,000,000 with respect to performance in year 6; and (III) $1,000,000,000 with respect to performance in year 9. (ii) Availability of appropriated funds Of the funds appropriated under clause (i) that are not expended or obligated by the end of the year following the year for which the funds are appropriated— (I) 75 percent shall remain available until expended for payments under subsection (a)(1)(B); and (II) 25 percent shall remain available until expended for payments under subsection (a)(1)(A). (2) Payments for reductions in the percentage of uninsured (A) In general From any funds in the Treasury not otherwise appropriated, there is appropriated for payments under subsection (b)(1)— (i) $10,000,000,000 with respect to performance in year 5; (ii) $3,000,000,000 with respect to performance in year 7; and (iii) $2,000,000,000 with respect to performance in year 9. (B) Availability of appropriated funds Funds appropriated under subparagraph (A) shall remain available until expended. (3) Payment timing Payments under this section shall be made in a form and manner specified by the Secretary in the year after the performance year involved. 612. Health plan finders (a) State plan finders Not later than 12 months after the date of the enactment of this Act, each State may contract with a private entity to develop and operate a plan finder website (referred to in this section as a State plan finder ) which shall provide information to individuals in such State on plans of health insurance coverage that are available to individuals in such State (in this section referred to as a health insurance plan ). Such State may not operate a plan finder itself. (b) Multi-State plan finders (1) In general A private entity may operate a multi-State finder that operates under this section in the States involved in the same manner as a State plan finder would operate in a single State. (2) Sharing of information States shall regulate the manner in which data is shared between plan finders to ensure consistency and accuracy in the information about health insurance plans contained in such finders. (c) Requirements for plan finders Each plan finder shall meet the following requirements: (1) The plan finder shall ensure that each health insurance plan in the plan finder meets the requirements for such plans under subsection (d). (2) The plan finder shall present complete information on the costs and benefits of health insurance plans (including information on monthly premium, copayments, and deductibles) in a uniform manner that— (A) uses the standard definitions developed under paragraph (3); and (B) is designed to allow consumers to easily compare such plans. (3) The plan finder shall be available on the Internet and accessible to all individuals in the State or, in the case of a multi-State plan finder, in all States covered by the multi-State plan finder. (4) The plan finder shall allow consumers to search and sort data on the health insurance plans in the plan finder on criteria such as coverage of specific benefits (such as coverage of disease management services or pediatric care services), as well as data available on quality. (5) The plan finder shall meet all relevant State laws and regulations, including laws and regulations related to the marketing of insurance products. In the case of a multi-State plan finder, the finder shall meet such laws and regulations for all of the States involved. (6) The plan finder shall meet solvency, financial, and privacy requirements established by the State or States in which the plan finder operates or the Secretary for multi-State finders. (7) The plan finder and the employees of the plan finder shall be appropriately licensed in the State or States in which the plan finder operates, if such licensure is required by such State or States. (8) Notwithstanding subsection (f)(1), the plan finder shall assist individuals who are eligible for the Medicaid program under title XIX of the Social Security Act or State Children’s Health Insurance Program under title XXI of such Act by including information on Medicaid options, eligibility, and how to enroll. (d) Requirements for plans participating in a plan finder (1) In general Each State shall ensure that health insurance plans participating in the State plan finder or in a multi-State plan finder meet the requirements of paragraph (2) (relating to adequacy of insurance coverage, consumer protection, and financial strength). (2) Specific requirements In order to participate in a plan finder, a health insurance plan must meet all of the following requirements, as determined by each State in which such plan operates: (A) The health insurance plan shall be actuarially sound. (B) The health insurance plan may not have a history of abusive policy rescissions. (C) The health insurance plan shall meet financial and solvency requirements. (D) The health insurance plan shall disclose— (i) all financial arrangements involving the sale and purchase of health insurance, such as the payment of fees and commissions; and (ii) such arrangements may not be abusive. (E) The health insurance plan shall maintain electronic health records that comply with the requirements of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) related to electronic health records. (F) The health insurance plan shall make available to plan enrollees via the finder, whether by information provided to the finder or by a website link directing the enrollee from the finder to the health insurance plan website, data that includes the price and cost to the individual of services offered by a provider according to the terms and conditions of the health plan. Data described in this paragraph is not made public by the finder, only made available to the individual once enrolled in the health plan. (e) Prohibitions (1) Direct Enrollment The State plan finder may not directly enroll individuals in health insurance plans. (2) Conflicts of interest (A) Companies A health insurance issuer offering a health insurance plan through a plan finder may not— (i) be the private entity developing and maintaining a plan finder under subsections (a) and (b); or (ii) have an ownership interest in such private entity or in the plan finder. (B) Individuals An individual employed by a health insurance issuer offering a health insurance plan through a plan finder may not serve as a director or officer for— (i) the private entity developing and maintaining a plan finder under subsections (a) and (b); or (ii) the plan finder. (f) Construction Nothing in this section shall be construed to allow the Secretary authority to regulate benefit packages or to prohibit health insurance brokers and agents from— (1) utilizing the plan finder for any purpose; or (2) marketing or offering health insurance products. (g) Plan finder defined For purposes of this section, the term plan finder means a State plan finder under subsection (a) or a multi-State plan finder under subsection (b). (h) State defined In this section, the term State has the meaning given such term for purposes of title XIX of the Social Security Act. 613. Administrative simplification (a) Operating Rules for Health Information Transactions (1) Definition of operating rules Section 1171 of the Social Security Act ( 42 U.S.C. 1320d ) is amended by adding at the end the following: (9) Operating rules The term operating rules means the necessary business rules and guidelines for the electronic exchange of information that are not defined by a standard or its implementation specifications as adopted for purposes of this part. . (2) Operating rules and compliance Section 1173 of the Social Security Act ( 42 U.S.C. 1320d–2 ) is amended— (A) in subsection (a)(2), by adding at the end the following new subparagraph: (J) Electronic funds transfers. ; and (B) by adding at the end the following new subsections: (g) Operating rules (1) In general The Secretary shall adopt a single set of operating rules for each transaction described in subsection (a)(2) with the goal of creating as much uniformity in the implementation of the electronic standards as possible. Such operating rules shall be consensus-based and reflect the necessary business rules affecting health plans and health care providers and the manner in which they operate pursuant to standards issued under Health Insurance Portability and Accountability Act of 1996. (2) Operating rules development In adopting operating rules under this subsection, the Secretary shall rely on recommendations for operating rules developed by a qualified nonprofit entity, as selected by the Secretary, that meets the following requirements: (A) The entity focuses its mission on administrative simplification. (B) The entity demonstrates an established multi-stakeholder and consensus-based process for development of operating rules, including representation by or participation from health plans, health care providers, vendors, relevant Federal agencies, and other standard development organizations. (C) The entity has established a public set of guiding principles that ensure the operating rules and process are open and transparent. (D) The entity coordinates its activities with the HIT Policy Committee and the HIT Standards Committee (as established under title XXX of the Public Health Service Act) and complements the efforts of the Office of the National Healthcare Coordinator and its related health information exchange goals. (E) The entity incorporates national standards, including the transaction standards issued under Health Insurance Portability and Accountability Act of 1996. (F) The entity supports nondiscrimination and conflict of interest policies that demonstrate a commitment to open, fair, and nondiscriminatory practices. (G) The entity allows for public review and updates of the operating rules. (3) Review and recommendations The National Committee on Vital and Health Statistics shall— (A) review the operating rules developed by a nonprofit entity described under paragraph (2); (B) determine whether such rules represent a consensus view of the health care industry and are consistent with and do not alter current standards; (C) evaluate whether such rules are consistent with electronic standards adopted for health information technology; and (D) submit to the Secretary a recommendation as to whether the Secretary should adopt such rules. (4) Implementation (A) In general The Secretary shall adopt operating rules under this subsection, by regulation in accordance with subparagraph (C), following consideration of the rules developed by the non-profit entity described in paragraph (2) and the recommendation submitted by the National Committee on Vital and Health Statistics under paragraph (3)(D) and having ensured consultation with providers. (B) Adoption requirements; effective dates (i) Eligibility for a health plan and health claim status The set of operating rules for transactions for eligibility for a health plan and health claim status shall be adopted not later than July 1, 2015, in a manner ensuring that such rules are effective not later than January 1, 2017, and may allow for the use of a machine readable identification card. (ii) Electronic funds transfers and health care payment and remittance advice The set of operating rules for electronic funds transfers and health care payment and remittance advice shall be adopted not later than July 1, 2016, in a manner ensuring that such rules are effective not later than January 1, 2018. (iii) Other completed transactions The set of operating rules for the remainder of the completed transactions described in subsection (a)(2), including health claims or equivalent encounter information, enrollment and disenrollment in a health plan, health plan premium payments, and referral certification and authorization, shall be adopted not later than July 1, 2018, in a manner ensuring that such rules are effective not later than January 1, 2020. (C) Expedited rulemaking The Secretary shall promulgate an interim final rule applying any standard or operating rule recommended by the National Committee on Vital and Health Statistics pursuant to paragraph (3). The Secretary shall accept public comments on any interim final rule published under this subparagraph for 60 days after the date of such publication. (h) Compliance (1) Health plan certification (A) Eligibility for a health plan, health claim status, electronic funds transfers, health care payment and remittance advice Not later than December 31, 2017, a health plan shall file a statement with the Secretary, in such form as the Secretary may require, certifying that the data and information systems for such plan are in compliance with any applicable standards (as described under paragraph (7) of section 1171) and operating rules (as described under paragraph (9) of such section) for electronic funds transfers, eligibility for a health plan, health claim status, and health care payment and remittance advice, respectively. (B) Other completed transactions Not later than December 31, 2019, a health plan shall file a statement with the Secretary, in such form as the Secretary may require, certifying that the data and information systems for such plan are in compliance with any applicable standards and operating rules for the remainder of the completed transactions described in subsection (a)(2), including health claims or equivalent encounter information, enrollment and disenrollment in a health plan, health plan premium payments, and referral certification and authorization, respectively. A health plan shall provide the same level of documentation to certify compliance with such transactions as is required to certify compliance with the transactions specified in subparagraph (A). (2) Documentation of compliance A health plan shall provide the Secretary, in such form as the Secretary may require, with adequate documentation of compliance with the standards and operating rules described under paragraph (1). A health plan shall not be considered to have provided adequate documentation and shall not be certified as being in compliance with such standards, unless the health plan— (A) demonstrates to the Secretary that the plan conducts the electronic transactions specified in paragraph (1) in a manner that fully complies with the regulations of the Secretary; and (B) provides documentation showing that the plan has completed end-to-end testing for such transactions with their partners, such as hospitals and physicians. (3) Service contracts A health plan shall be required to comply with any applicable certification and compliance requirements (and provide the Secretary with adequate documentation of such compliance) under this subsection for any entities that provide services pursuant to a contract with such health plan. (4) Certification by outside entity The Secretary may contract with an independent, outside entity to certify that a health plan has complied with the requirements under this subsection, provided that the certification standards employed by such entities are in accordance with any standards or rules issued by the Secretary. (5) Compliance with revised standards and rules A health plan (including entities described under paragraph (3)) shall comply with the certification and documentation requirements under this subsection for any interim final rule promulgated by the Secretary under subsection (i) that amends any standard or operating rule described under paragraph (1) of this subsection. A health plan shall comply with such requirements not later than the effective date of the applicable interim final rule. (6) Audits of health plans The Secretary shall conduct periodic audits to ensure that health plans (including entities described under paragraph (3)) are in compliance with any standards and operating rules that are described under paragraph (1). (i) Review and amendment of standards and rules (1) Establishment Not later than January 1, 2018, the Secretary shall establish a review committee (as described under paragraph (4)). (2) Evaluations and Reports (A) Hearings Not later than April 1, 2018, and not less than biennially thereafter, the Secretary, acting through the review committee, shall conduct hearings to evaluate and review the existing standards and operating rules established under this section. (B) Report Not later than July 1, 2018, and not less than biennially thereafter, the review committee shall provide recommendations for updating and improving such standards and rules. The review committee shall recommend a single set of operating rules per transaction standard and maintain the goal of creating as much uniformity as possible in the implementation of the electronic standards. (3) Interim final rulemaking (A) In general Any recommendations to amend existing standards and operating rules that have been approved by the review committee and reported to the Secretary under paragraph (2)(B) shall be adopted by the Secretary through promulgation of an interim final rule not later than 90 days after receipt of the committee's report. (B) Public comment (i) Public comment period The Secretary shall accept public comments on any interim final rule published under this paragraph for 60 days after the date of such publication. (ii) Effective date The effective date of any amendment to existing standards or operating rules that is adopted through an interim final rule published under this paragraph shall be 25 months following the close of such public comment period. (4) Review committee (A) Definition For the purposes of this subsection, the term review committee means a committee within the Department of Health and Human services that has been designated by the Secretary to carry out this subsection, including— (i) the National Committee on Vital and Health Statistics; or (ii) any appropriate committee as determined by the Secretary. (B) Coordination of HIT Standards In developing recommendations under this subsection, the review committee shall consider the standards approved by the Office of the National Coordinator for Health Information Technology. (j) Penalties (1) Penalty fee (A) In general Not later than April 1, 2018, and annually thereafter, the Secretary shall assess a penalty fee (as determined under subparagraph (B)) against a health plan that has failed to meet the requirements under subsection (h) with respect to certification and documentation of compliance with the standards (and their operating rules) as described under paragraph (1) of such subsection. (B) Fee amount Subject to subparagraphs (C), (D), and (E), the Secretary shall assess a penalty fee against a health plan in the amount of $1 per covered life until certification is complete. The penalty shall be assessed per person covered by the plan for which its data systems for major medical policies are not in compliance and shall be imposed against the health plan for each day that the plan is not in compliance with the requirements under subsection (h). (C) Additional penalty for misrepresentation A health plan that knowingly provides inaccurate or incomplete information in a statement of certification or documentation of compliance under subsection (h) shall be subject to a penalty fee that is double the amount that would otherwise be imposed under this subsection. (D) Annual fee increase The amount of the penalty fee imposed under this subsection shall be increased on an annual basis by the annual percentage increase in total national health care expenditures, as determined by the Secretary. (E) Penalty limit A penalty fee assessed against a health plan under this subsection shall not exceed, on an annual basis— (i) an amount equal to $20 per covered life under such plan; or (ii) an amount equal to $40 per covered life under the plan if such plan has knowingly provided inaccurate or incomplete information (as described under subparagraph (C)). (F) Determination of covered individuals The Secretary shall determine the number of covered lives under a health plan based upon the most recent statements and filings that have been submitted by such plan to the Securities and Exchange Commission. (2) Notice and Dispute Procedure The Secretary shall establish a procedure for assessment of penalty fees under this subsection that provides a health plan with reasonable notice and a dispute resolution procedure prior to provision of a notice of assessment by the Secretary of the Treasury (as described under paragraph (4)(B)). (3) Penalty fee report Not later than May 1, 2018, and annually thereafter, the Secretary shall provide the Secretary of the Treasury with a report identifying those health plans that have been assessed a penalty fee under this subsection. (4) Collection of penalty fee (A) In General The Secretary of the Treasury, acting through the Financial Management Service, shall administer the collection of penalty fees from health plans that have been identified by the Secretary in the penalty fee report provided under paragraph (3). (B) Notice Not later than August 1, 2018, and annually thereafter, the Secretary of the Treasury shall provide notice to each health plan that has been assessed a penalty fee by the Secretary under this subsection. Such notice shall include the amount of the penalty fee assessed by the Secretary and the due date for payment of such fee to the Secretary of the Treasury (as described in subparagraph (C)). (C) Payment due date Payment by a health plan for a penalty fee assessed under this subsection shall be made to the Secretary of the Treasury not later than November 1, 2018, and annually thereafter. (D) Unpaid penalty fees Any amount of a penalty fee assessed against a health plan under this subsection for which payment has not been made by the due date provided under subparagraph (C) shall be— (i) increased by the interest accrued on such amount, as determined pursuant to the underpayment rate established under section 6601 of the Internal Revenue Code of 1986; and (ii) treated as a past-due, legally enforceable debt owed to a Federal agency for purposes of section 6402(d) of the Internal Revenue Code of 1986. (E) Administrative fees Any fee charged or allocated for collection activities conducted by the Financial Management Service will be passed on to a health plan on a pro-rata basis and added to any penalty fee collected from the plan. . (b) Promulgation of rules (1) Unique health plan identifier The Secretary shall promulgate a final rule to establish a unique health plan identifier (as described in section 1173(b) of the Social Security Act ( 42 U.S.C. 1320d–2(b) )) based on the input of the National Committee of Vital and Health Statistics. The Secretary may do so on an interim final basis and such rule shall be effective not later than October 1, 2016. (2) Electronic funds transfer The Secretary shall promulgate a final rule to establish a standard for electronic funds transfers (as described in section 1173(a)(2)(J) of the Social Security Act, as added by subsection (a)(2)(A)). The Secretary may do so on an interim final basis and shall adopt such standard not later than January 1, 2016, in a manner ensuring that such standard is effective not later than January 1, 2018. (c) Expansion of electronic transactions in Medicare Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended— (1) in paragraph (23), by striking the or at the end; (2) in paragraph (24), by striking the period and inserting ; or ; and (3) by inserting after paragraph (24) the following new paragraph: (25) not later than January 1, 2018, for which the payment is other than by electronic funds transfer (EFT) or an electronic remittance in a form as specified in ASC X12 835 Health Care Payment and Remittance Advice or subsequent standard. . (d) Medicare and medicaid compliance reports Not later than July 1, 2017, the Secretary of Health and Human Services shall submit a report to the chairs and ranking members of the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the chairs and ranking members of the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate on the extent to which the Medicare program and providers that serve beneficiaries under that program, and State Medicaid programs and providers that serve beneficiaries under those programs, transact electronically in accordance with transaction standards issued under the Health Insurance Portability and Accountability Act of 1996, part C of title XI of the Social Security Act, and regulations promulgated under such Acts. B Improving Access to Health Care 1 Expanding Access and Lowering Costs for Small Businesses 620. Short title This chapter may be cited as the Small Business Health Fairness Act of 2013 . 621. Rules governing association health plans (a) In General Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding after part 7 the following new part: 8 RULES GOVERNING ASSOCIATION HEALTH PLANS 801. Association health plans (a) In General For purposes of this part, the term association health plan means a group health plan whose sponsor is (or is deemed under this part to be) described in subsection (b). (b) Sponsorship The sponsor of a group health plan is described in this subsection if such sponsor— (1) is organized and maintained in good faith, with a constitution and bylaws specifically stating its purpose and providing for periodic meetings on at least an annual basis, as a bona fide trade association, a bona fide industry association (including a rural electric cooperative association or a rural telephone cooperative association), a bona fide professional association, or a bona fide chamber of commerce (or similar bona fide business association, including a corporation or similar organization that operates on a cooperative basis (within the meaning of section 1381 of the Internal Revenue Code of 1986)), for substantial purposes other than that of obtaining or providing medical care; (2) is established as a permanent entity which receives the active support of its members and requires for membership payment on a periodic basis of dues or payments necessary to maintain eligibility for membership in the sponsor; and (3) does not condition membership, such dues or payments, or coverage under the plan on the basis of health status-related factors with respect to the employees of its members (or affiliated members), or the dependents of such employees, and does not condition such dues or payments on the basis of group health plan participation. Any sponsor consisting of an association of entities which meet the requirements of paragraphs (1), (2), and (3) shall be deemed to be a sponsor described in this subsection. 802. Certification of association health plans (a) In General The applicable authority shall prescribe by regulation a procedure under which, subject to subsection (b), the applicable authority shall certify association health plans which apply for certification as meeting the requirements of this part. (b) Standards Under the procedure prescribed pursuant to subsection (a), in the case of an association health plan that provides at least one benefit option which does not consist of health insurance coverage, the applicable authority shall certify such plan as meeting the requirements of this part only if the applicable authority is satisfied that the applicable requirements of this part are met (or, upon the date on which the plan is to commence operations, will be met) with respect to the plan. (c) Requirements Applicable to Certified Plans An association health plan with respect to which certification under this part is in effect shall meet the applicable requirements of this part, effective on the date of certification (or, if later, on the date on which the plan is to commence operations). (d) Requirements for Continued Certification The applicable authority may provide by regulation for continued certification of association health plans under this part. (e) Class Certification for Fully Insured Plans The applicable authority shall establish a class certification procedure for association health plans under which all benefits consist of health insurance coverage. Under such procedure, the applicable authority shall provide for the granting of certification under this part to the plans in each class of such association health plans upon appropriate filing under such procedure in connection with plans in such class and payment of the prescribed fee under section 807(a). (f) Certification of Self-Insured Association Health Plans An association health plan which offers one or more benefit options which do not consist of health insurance coverage may be certified under this part only if such plan consists of any of the following: (1) a plan which offered such coverage on the date of the enactment of the Small Business Health Fairness Act of 2013 , (2) a plan under which the sponsor does not restrict membership to one or more trades and businesses or industries and whose eligible participating employers represent a broad cross-section of trades and businesses or industries, or (3) a plan whose eligible participating employers represent one or more trades or businesses, or one or more industries, consisting of any of the following: agriculture; equipment and automobile dealerships; barbering and cosmetology; certified public accounting practices; child care; construction; dance, theatrical and orchestra productions; disinfecting and pest control; financial services; fishing; food service establishments; hospitals; labor organizations; logging; manufacturing (metals); mining; medical and dental practices; medical laboratories; professional consulting services; sanitary services; transportation (local and freight); warehousing; wholesaling/distributing; or any other trade or business or industry which has been indicated as having average or above-average risk or health claims experience by reason of State rate filings, denials of coverage, proposed premium rate levels, or other means demonstrated by such plan in accordance with regulations. 803. Requirements relating to sponsors and boards of trustees (a) Sponsor The requirements of this subsection are met with respect to an association health plan if the sponsor has met (or is deemed under this part to have met) the requirements of section 801(b) for a continuous period of not less than 3 years ending with the date of the application for certification under this part. (b) Board of Trustees The requirements of this subsection are met with respect to an association health plan if the following requirements are met: (1) Fiscal control The plan is operated, pursuant to a trust agreement, by a board of trustees which has complete fiscal control over the plan and which is responsible for all operations of the plan. (2) Rules of operation and financial controls The board of trustees has in effect rules of operation and financial controls, based on a 3-year plan of operation, adequate to carry out the terms of the plan and to meet all requirements of this title applicable to the plan. (3) Rules governing relationship to participating employers and to contractors (A) Board membership (i) In general Except as provided in clauses (ii) and (iii), the members of the board of trustees are individuals selected from individuals who are the owners, officers, directors, or employees of the participating employers or who are partners in the participating employers and actively participate in the business. (ii) Limitation (I) General rule Except as provided in subclauses (II) and (III), no such member is an owner, officer, director, or employee of, or partner in, a contract administrator or other service provider to the plan. (II) Limited exception for providers of services solely on behalf of the sponsor Officers or employees of a sponsor which is a service provider (other than a contract administrator) to the plan may be members of the board if they constitute not more than 25 percent of the membership of the board and they do not provide services to the plan other than on behalf of the sponsor. (III) Treatment of providers of medical care In the case of a sponsor which is an association whose membership consists primarily of providers of medical care, subclause (I) shall not apply in the case of any service provider described in subclause (I) who is a provider of medical care under the plan. (iii) Certain plans excluded Clause (i) shall not apply to an association health plan which is in existence on the date of the enactment of the Small Business Health Fairness Act of 2013 . (B) Sole authority The board has sole authority under the plan to approve applications for participation in the plan and to contract with a service provider to administer the day-to-day affairs of the plan. (c) Treatment of Franchise Networks In the case of a group health plan which is established and maintained by a franchiser for a franchise network consisting of its franchisees— (1) the requirements of subsection (a) and section 801(a) shall be deemed met if such requirements would otherwise be met if the franchiser were deemed to be the sponsor referred to in section 801(b), such network were deemed to be an association described in section 801(b), and each franchisee were deemed to be a member (of the association and the sponsor) referred to in section 801(b); and (2) the requirements of section 804(a)(1) shall be deemed met. The Secretary may by regulation define for purposes of this subsection the terms franchiser , franchise network , and franchisee . 804. Participation and coverage requirements (a) Covered Employers and Individuals The requirements of this subsection are met with respect to an association health plan if, under the terms of the plan— (1) each participating employer must be— (A) a member of the sponsor, (B) the sponsor, or (C) an affiliated member of the sponsor with respect to which the requirements of subsection (b) are met, except that, in the case of a sponsor which is a professional association or other individual-based association, if at least one of the officers, directors, or employees of an employer, or at least one of the individuals who are partners in an employer and who actively participates in the business, is a member or such an affiliated member of the sponsor, participating employers may also include such employer; and (2) all individuals commencing coverage under the plan after certification under this part must be— (A) active or retired owners (including self-employed individuals), officers, directors, or employees of, or partners in, participating employers; or (B) the beneficiaries of individuals described in subparagraph (A). (b) Coverage of Previously Uninsured Employees In the case of an association health plan in existence on the date of the enactment of the Small Business Health Fairness Act of 2013 , an affiliated member of the sponsor of the plan may be offered coverage under the plan as a participating employer only if— (1) the affiliated member was an affiliated member on the date of certification under this part; or (2) during the 12-month period preceding the date of the offering of such coverage, the affiliated member has not maintained or contributed to a group health plan with respect to any of its employees who would otherwise be eligible to participate in such association health plan. (c) Individual Market Unaffected The requirements of this subsection are met with respect to an association health plan if, under the terms of the plan, no participating employer may provide health insurance coverage in the individual market for any employee not covered under the plan which is similar to the coverage contemporaneously provided to employees of the employer under the plan, if such exclusion of the employee from coverage under the plan is based on a health status-related factor with respect to the employee and such employee would, but for such exclusion on such basis, be eligible for coverage under the plan. (d) Prohibition of Discrimination Against Employers and Employees Eligible To Participate The requirements of this subsection are met with respect to an association health plan if— (1) under the terms of the plan, all employers meeting the preceding requirements of this section are eligible to qualify as participating employers for all geographically available coverage options, unless, in the case of any such employer, participation or contribution requirements of the type referred to in section 2711 of the Public Health Service Act are not met; (2) upon request, any employer eligible to participate is furnished information regarding all coverage options available under the plan; and (3) the applicable requirements of sections 701, 702, and 703 are met with respect to the plan. 805. Other requirements relating to plan documents, contribution rates, and benefit options (a) In General The requirements of this section are met with respect to an association health plan if the following requirements are met: (1) Contents of governing instruments The instruments governing the plan include a written instrument, meeting the requirements of an instrument required under section 402(a)(1), which— (A) provides that the board of trustees serves as the named fiduciary required for plans under section 402(a)(1) and serves in the capacity of a plan administrator (referred to in section 3(16)(A)); (B) provides that the sponsor of the plan is to serve as plan sponsor (referred to in section 3(16)(B)); and (C) incorporates the requirements of section 806. (2) Contribution rates must be nondiscriminatory (A) The contribution rates for any participating small employer do not vary on the basis of any health status-related factor in relation to employees of such employer or their beneficiaries and do not vary on the basis of the type of business or industry in which such employer is engaged. (B) Nothing in this title or any other provision of law shall be construed to preclude an association health plan, or a health insurance issuer offering health insurance coverage in connection with an association health plan, from— (i) setting contribution rates based on the claims experience of the plan; or (ii) varying contribution rates for small employers in a State to the extent that such rates could vary using the same methodology employed in such State for regulating premium rates in the small group market with respect to health insurance coverage offered in connection with bona fide associations (within the meaning of section 2791(d)(3) of the Public Health Service Act ), subject to the requirements of section 702(b) relating to contribution rates. (3) Floor for number of covered individuals with respect to certain plans If any benefit option under the plan does not consist of health insurance coverage, the plan has as of the beginning of the plan year not fewer than 1,000 participants and beneficiaries. (4) Marketing requirements (A) In general If a benefit option which consists of health insurance coverage is offered under the plan, State-licensed insurance agents shall be used to distribute to small employers coverage which does not consist of health insurance coverage in a manner comparable to the manner in which such agents are used to distribute health insurance coverage. (B) State-licensed insurance agents For purposes of subparagraph (A), the term State-licensed insurance agents means one or more agents who are licensed in a State and are subject to the laws of such State relating to licensure, qualification, testing, examination, and continuing education of persons authorized to offer, sell, or solicit health insurance coverage in such State. (5) Regulatory requirements Such other requirements as the applicable authority determines are necessary to carry out the purposes of this part, which shall be prescribed by the applicable authority by regulation. (b) Ability of Association Health Plans To Design Benefit Options Subject to section 514(d), nothing in this part or any provision of State law (as defined in section 514(c)(1)) shall be construed to preclude an association health plan, or a health insurance issuer offering health insurance coverage in connection with an association health plan, from exercising its sole discretion in selecting the specific items and services consisting of medical care to be included as benefits under such plan or coverage, except (subject to section 514) in the case of (1) any law to the extent that it is not preempted under section 731(a)(1) with respect to matters governed by section 711, 712, or 713, or (2) any law of the State with which filing and approval of a policy type offered by the plan was initially obtained to the extent that such law prohibits an exclusion of a specific disease from such coverage. 806. Maintenance of reserves and provisions for solvency for plans providing health benefits in addition to health insurance coverage (a) In General The requirements of this section are met with respect to an association health plan if— (1) the benefits under the plan consist solely of health insurance coverage; or (2) if the plan provides any additional benefit options which do not consist of health insurance coverage, the plan— (A) establishes and maintains reserves with respect to such additional benefit options, in amounts recommended by the qualified actuary, consisting of— (i) a reserve sufficient for unearned contributions; (ii) a reserve sufficient for benefit liabilities which have been incurred, which have not been satisfied, and for which risk of loss has not yet been transferred, and for expected administrative costs with respect to such benefit liabilities; (iii) a reserve sufficient for any other obligations of the plan; and (iv) a reserve sufficient for a margin of error and other fluctuations, taking into account the specific circumstances of the plan; and (B) establishes and maintains aggregate and specific excess/stop loss insurance and solvency indemnification, with respect to such additional benefit options for which risk of loss has not yet been transferred, as follows: (i) The plan shall secure aggregate excess/stop loss insurance for the plan with an attachment point which is not greater than 125 percent of expected gross annual claims. The applicable authority may by regulation provide for upward adjustments in the amount of such percentage in specified circumstances in which the plan specifically provides for and maintains reserves in excess of the amounts required under subparagraph (A). (ii) The plan shall secure specific excess/stop loss insurance for the plan with an attachment point which is at least equal to an amount recommended by the plan’s qualified actuary. The applicable authority may by regulation provide for adjustments in the amount of such insurance in specified circumstances in which the plan specifically provides for and maintains reserves in excess of the amounts required under subparagraph (A). (iii) The plan shall secure indemnification insurance for any claims which the plan is unable to satisfy by reason of a plan termination. Any person issuing to a plan insurance described in clause (i), (ii), or (iii) of subparagraph (B) shall notify the Secretary of any failure of premium payment meriting cancellation of the policy prior to undertaking such a cancellation. Any regulations prescribed by the applicable authority pursuant to clause (i) or (ii) of subparagraph (B) may allow for such adjustments in the required levels of excess/stop loss insurance as the qualified actuary may recommend, taking into account the specific circumstances of the plan. (b) Minimum Surplus in Addition to Claims Reserves In the case of any association health plan described in subsection (a)(2), the requirements of this subsection are met if the plan establishes and maintains surplus in an amount at least equal to— (1) $500,000, or (2) such greater amount (but not greater than $2,000,000) as may be set forth in regulations prescribed by the applicable authority, considering the level of aggregate and specific excess/stop loss insurance provided with respect to such plan and other factors related to solvency risk, such as the plan’s projected levels of participation or claims, the nature of the plan’s liabilities, and the types of assets available to assure that such liabilities are met. (c) Additional Requirements In the case of any association health plan described in subsection (a)(2), the applicable authority may provide such additional requirements relating to reserves, excess/stop loss insurance, and indemnification insurance as the applicable authority considers appropriate. Such requirements may be provided by regulation with respect to any such plan or any class of such plans. (d) Adjustments for Excess/Stop Loss Insurance The applicable authority may provide for adjustments to the levels of reserves otherwise required under subsections (a) and (b) with respect to any plan or class of plans to take into account excess/stop loss insurance provided with respect to such plan or plans. (e) Alternative Means of Compliance The applicable authority may permit an association health plan described in subsection (a)(2) to substitute, for all or part of the requirements of this section (except subsection (a)(2)(B)(iii)), such security, guarantee, hold-harmless arrangement, or other financial arrangement as the applicable authority determines to be adequate to enable the plan to fully meet all its financial obligations on a timely basis and is otherwise no less protective of the interests of participants and beneficiaries than the requirements for which it is substituted. The applicable authority may take into account, for purposes of this subsection, evidence provided by the plan or sponsor which demonstrates an assumption of liability with respect to the plan. Such evidence may be in the form of a contract of indemnification, lien, bonding, insurance, letter of credit, recourse under applicable terms of the plan in the form of assessments of participating employers, security, or other financial arrangement. (f) Measures To Ensure Continued Payment of Benefits by Certain Plans in Distress (1) Payments by certain plans to association health plan fund (A) In general In the case of an association health plan described in subsection (a)(2), the requirements of this subsection are met if the plan makes payments into the Association Health Plan Fund under this subparagraph when they are due. Such payments shall consist of annual payments in the amount of $5,000, and, in addition to such annual payments, such supplemental payments as the Secretary may determine to be necessary under paragraph (2). Payments under this paragraph are payable to the Fund at the time determined by the Secretary. Initial payments are due in advance of certification under this part. Payments shall continue to accrue until a plan’s assets are distributed pursuant to a termination procedure. (B) Penalties for failure to make payments If any payment is not made by a plan when it is due, a late payment charge of not more than 100 percent of the payment which was not timely paid shall be payable by the plan to the Fund. (C) Continued duty of the secretary The Secretary shall not cease to carry out the provisions of paragraph (2) on account of the failure of a plan to pay any payment when due. (2) Payments by secretary to continue excess/stop loss insurance coverage and indemnification insurance coverage for certain plans In any case in which the applicable authority determines that there is, or that there is reason to believe that there will be: (A) a failure to take necessary corrective actions under section 809(a) with respect to an association health plan described in subsection (a)(2); or (B) a termination of such a plan under section 809(b) or 810(b)(8) (and, if the applicable authority is not the Secretary, certifies such determination to the Secretary), the Secretary shall determine the amounts necessary to make payments to an insurer (designated by the Secretary) to maintain in force excess/stop loss insurance coverage or indemnification insurance coverage for such plan, if the Secretary determines that there is a reasonable expectation that, without such payments, claims would not be satisfied by reason of termination of such coverage. The Secretary shall, to the extent provided in advance in appropriation Acts, pay such amounts so determined to the insurer designated by the Secretary. (3) Association health plan fund (A) In general There is established on the books of the Treasury a fund to be known as the Association Health Plan Fund . The Fund shall be available for making payments pursuant to paragraph (2). The Fund shall be credited with payments received pursuant to paragraph (1)(A), penalties received pursuant to paragraph (1)(B); and earnings on investments of amounts of the Fund under subparagraph (B). (B) Investment Whenever the Secretary determines that the moneys of the fund are in excess of current needs, the Secretary may request the investment of such amounts as the Secretary determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States. (g) Excess/Stop Loss Insurance For purposes of this section— (1) Aggregate excess/stop loss insurance The term aggregate excess/stop loss insurance means, in connection with an association health plan, a contract— (A) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to aggregate claims under the plan in excess of an amount or amounts specified in such contract; (B) which is guaranteed renewable; and (C) which allows for payment of premiums by any third party on behalf of the insured plan. (2) Specific excess/stop loss insurance The term specific excess/stop loss insurance means, in connection with an association health plan, a contract— (A) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to claims under the plan in connection with a covered individual in excess of an amount or amounts specified in such contract in connection with such covered individual; (B) which is guaranteed renewable; and (C) which allows for payment of premiums by any third party on behalf of the insured plan. (h) Indemnification Insurance For purposes of this section, the term indemnification insurance means, in connection with an association health plan, a contract— (1) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to claims under the plan which the plan is unable to satisfy by reason of a termination pursuant to section 809(b) (relating to mandatory termination); (2) which is guaranteed renewable and noncancellable for any reason (except as the applicable authority may prescribe by regulation); and (3) which allows for payment of premiums by any third party on behalf of the insured plan. (i) Reserves For purposes of this section, the term reserves means, in connection with an association health plan, plan assets which meet the fiduciary standards under part 4 and such additional requirements regarding liquidity as the applicable authority may prescribe by regulation. (j) Solvency Standards Working Group (1) In general Within 90 days after the date of the enactment of the Small Business Health Fairness Act of 2013 , the applicable authority shall establish a Solvency Standards Working Group. In prescribing the initial regulations under this section, the applicable authority shall take into account the recommendations of such Working Group. (2) Membership The Working Group shall consist of not more than 15 members appointed by the applicable authority. The applicable authority shall include among persons invited to membership on the Working Group at least one of each of the following: (A) a representative of the National Association of Insurance Commissioners; (B) a representative of the American Academy of Actuaries; (C) a representative of the State governments, or their interests; (D) a representative of existing self-insured arrangements, or their interests; (E) a representative of associations of the type referred to in section 801(b)(1), or their interests; and (F) a representative of multiemployer plans that are group health plans, or their interests. 807. Requirements for application and related requirements (a) Filing Fee Under the procedure prescribed pursuant to section 802(a), an association health plan shall pay to the applicable authority at the time of filing an application for certification under this part a filing fee in the amount of $5,000, which shall be available in the case of the Secretary, to the extent provided in appropriation Acts, for the sole purpose of administering the certification procedures applicable with respect to association health plans. (b) Information To Be Included in Application for Certification An application for certification under this part meets the requirements of this section only if it includes, in a manner and form which shall be prescribed by the applicable authority by regulation, at least the following information: (1) Identifying information The names and addresses of— (A) the sponsor; and (B) the members of the board of trustees of the plan. (2) States in which plan intends to do business The States in which participants and beneficiaries under the plan are to be located and the number of them expected to be located in each such State. (3) Bonding requirements Evidence provided by the board of trustees that the bonding requirements of section 412 will be met as of the date of the application or (if later) commencement of operations. (4) Plan documents A copy of the documents governing the plan (including any bylaws and trust agreements), the summary plan description, and other material describing the benefits that will be provided to participants and beneficiaries under the plan. (5) Agreements with service providers A copy of any agreements between the plan and contract administrators and other service providers. (6) Funding report In the case of association health plans providing benefits options in addition to health insurance coverage, a report setting forth information with respect to such additional benefit options determined as of a date within the 120-day period ending with the date of the application, including the following: (A) Reserves A statement, certified by the board of trustees of the plan, and a statement of actuarial opinion, signed by a qualified actuary, that all applicable requirements of section 806 are or will be met in accordance with regulations which the applicable authority shall prescribe. (B) Adequacy of contribution rates A statement of actuarial opinion, signed by a qualified actuary, which sets forth a description of the extent to which contribution rates are adequate to provide for the payment of all obligations and the maintenance of required reserves under the plan for the 12-month period beginning with such date within such 120-day period, taking into account the expected coverage and experience of the plan. If the contribution rates are not fully adequate, the statement of actuarial opinion shall indicate the extent to which the rates are inadequate and the changes needed to ensure adequacy. (C) Current and projected value of assets and liabilities A statement of actuarial opinion signed by a qualified actuary, which sets forth the current value of the assets and liabilities accumulated under the plan and a projection of the assets, liabilities, income, and expenses of the plan for the 12-month period referred to in subparagraph (B). The income statement shall identify separately the plan’s administrative expenses and claims. (D) Costs of coverage to be charged and other expenses A statement of the costs of coverage to be charged, including an itemization of amounts for administration, reserves, and other expenses associated with the operation of the plan. (E) Other information Any other information as may be determined by the applicable authority, by regulation, as necessary to carry out the purposes of this part. (c) Filing Notice of Certification With States A certification granted under this part to an association health plan shall not be effective unless written notice of such certification is filed with the applicable State authority of each State in which at least 25 percent of the participants and beneficiaries under the plan are located. For purposes of this subsection, an individual shall be considered to be located in the State in which a known address of such individual is located or in which such individual is employed. (d) Notice of Material Changes In the case of any association health plan certified under this part, descriptions of material changes in any information which was required to be submitted with the application for the certification under this part shall be filed in such form and manner as shall be prescribed by the applicable authority by regulation. The applicable authority may require by regulation prior notice of material changes with respect to specified matters which might serve as the basis for suspension or revocation of the certification. (e) Reporting Requirements for Certain Association Health Plans An association health plan certified under this part which provides benefit options in addition to health insurance coverage for such plan year shall meet the requirements of section 103 by filing an annual report under such section which shall include information described in subsection (b)(6) with respect to the plan year and, notwithstanding section 104(a)(1)(A), shall be filed with the applicable authority not later than 90 days after the close of the plan year (or on such later date as may be prescribed by the applicable authority). The applicable authority may require by regulation such interim reports as it considers appropriate. (f) Engagement of Qualified Actuary The board of trustees of each association health plan which provides benefits options in addition to health insurance coverage and which is applying for certification under this part or is certified under this part shall engage, on behalf of all participants and beneficiaries, a qualified actuary who shall be responsible for the preparation of the materials comprising information necessary to be submitted by a qualified actuary under this part. The qualified actuary shall utilize such assumptions and techniques as are necessary to enable such actuary to form an opinion as to whether the contents of the matters reported under this part— (1) are in the aggregate reasonably related to the experience of the plan and to reasonable expectations; and (2) represent such actuary’s best estimate of anticipated experience under the plan. The opinion by the qualified actuary shall be made with respect to, and shall be made a part of, the annual report. 808. Notice requirements for voluntary termination Except as provided in section 809(b), an association health plan which is or has been certified under this part may terminate (upon or at any time after cessation of accruals in benefit liabilities) only if the board of trustees, not less than 60 days before the proposed termination date— (1) provides to the participants and beneficiaries a written notice of intent to terminate stating that such termination is intended and the proposed termination date; (2) develops a plan for winding up the affairs of the plan in connection with such termination in a manner which will result in timely payment of all benefits for which the plan is obligated; and (3) submits such plan in writing to the applicable authority. Actions required under this section shall be taken in such form and manner as may be prescribed by the applicable authority by regulation. 809. Corrective actions and mandatory termination (a) Actions To Avoid Depletion of Reserves An association health plan which is certified under this part and which provides benefits other than health insurance coverage shall continue to meet the requirements of section 806, irrespective of whether such certification continues in effect. The board of trustees of such plan shall determine quarterly whether the requirements of section 806 are met. In any case in which the board determines that there is reason to believe that there is or will be a failure to meet such requirements, or the applicable authority makes such a determination and so notifies the board, the board shall immediately notify the qualified actuary engaged by the plan, and such actuary shall, not later than the end of the next following month, make such recommendations to the board for corrective action as the actuary determines necessary to ensure compliance with section 806. Not later than 30 days after receiving from the actuary recommendations for corrective actions, the board shall notify the applicable authority (in such form and manner as the applicable authority may prescribe by regulation) of such recommendations of the actuary for corrective action, together with a description of the actions (if any) that the board has taken or plans to take in response to such recommendations. The board shall thereafter report to the applicable authority, in such form and frequency as the applicable authority may specify to the board, regarding corrective action taken by the board until the requirements of section 806 are met. (b) Mandatory Termination In any case in which— (1) the applicable authority has been notified under subsection (a) (or by an issuer of excess/stop loss insurance or indemnity insurance pursuant to section 806(a)) of a failure of an association health plan which is or has been certified under this part and is described in section 806(a)(2) to meet the requirements of section 806 and has not been notified by the board of trustees of the plan that corrective action has restored compliance with such requirements; and (2) the applicable authority determines that there is a reasonable expectation that the plan will continue to fail to meet the requirements of section 806, the board of trustees of the plan shall, at the direction of the applicable authority, terminate the plan and, in the course of the termination, take such actions as the applicable authority may require, including satisfying any claims referred to in section 806(a)(2)(B)(iii) and recovering for the plan any liability under subsection (a)(2)(B)(iii) or (e) of section 806, as necessary to ensure that the affairs of the plan will be, to the maximum extent possible, wound up in a manner which will result in timely provision of all benefits for which the plan is obligated. 810. Trusteeship by the Secretary of insolvent association health plans providing health benefits in addition to health insurance coverage (a) Appointment of Secretary as Trustee for Insolvent Plans Whenever the Secretary determines that an association health plan which is or has been certified under this part and which is described in section 806(a)(2) will be unable to provide benefits when due or is otherwise in a financially hazardous condition, as shall be defined by the Secretary by regulation, the Secretary shall, upon notice to the plan, apply to the appropriate United States district court for appointment of the Secretary as trustee to administer the plan for the duration of the insolvency. The plan may appear as a party and other interested persons may intervene in the proceedings at the discretion of the court. The court shall appoint such Secretary trustee if the court determines that the trusteeship is necessary to protect the interests of the participants and beneficiaries or providers of medical care or to avoid any unreasonable deterioration of the financial condition of the plan. The trusteeship of such Secretary shall continue until the conditions described in the first sentence of this subsection are remedied or the plan is terminated. (b) Powers as Trustee The Secretary, upon appointment as trustee under subsection (a), shall have the power— (1) to do any act authorized by the plan, this title, or other applicable provisions of law to be done by the plan administrator or any trustee of the plan; (2) to require the transfer of all (or any part) of the assets and records of the plan to the Secretary as trustee; (3) to invest any assets of the plan which the Secretary holds in accordance with the provisions of the plan, regulations prescribed by the Secretary, and applicable provisions of law; (4) to require the sponsor, the plan administrator, any participating employer, and any employee organization representing plan participants to furnish any information with respect to the plan which the Secretary as trustee may reasonably need in order to administer the plan; (5) to collect for the plan any amounts due the plan and to recover reasonable expenses of the trusteeship; (6) to commence, prosecute, or defend on behalf of the plan any suit or proceeding involving the plan; (7) to issue, publish, or file such notices, statements, and reports as may be required by the Secretary by regulation or required by any order of the court; (8) to terminate the plan (or provide for its termination in accordance with section 809(b)) and liquidate the plan assets, to restore the plan to the responsibility of the sponsor, or to continue the trusteeship; (9) to provide for the enrollment of plan participants and beneficiaries under appropriate coverage options; and (10) to do such other acts as may be necessary to comply with this title or any order of the court and to protect the interests of plan participants and beneficiaries and providers of medical care. (c) Notice of Appointment As soon as practicable after the Secretary’s appointment as trustee, the Secretary shall give notice of such appointment to— (1) the sponsor and plan administrator; (2) each participant; (3) each participating employer; and (4) if applicable, each employee organization which, for purposes of collective bargaining, represents plan participants. (d) Additional Duties Except to the extent inconsistent with the provisions of this title, or as may be otherwise ordered by the court, the Secretary, upon appointment as trustee under this section, shall be subject to the same duties as those of a trustee under section 704 of title 11, United States Code, and shall have the duties of a fiduciary for purposes of this title. (e) Other Proceedings An application by the Secretary under this subsection may be filed notwithstanding the pendency in the same or any other court of any bankruptcy, mortgage foreclosure, or equity receivership proceeding, or any proceeding to reorganize, conserve, or liquidate such plan or its property, or any proceeding to enforce a lien against property of the plan. (f) Jurisdiction of Court (1) In general Upon the filing of an application for the appointment as trustee or the issuance of a decree under this section, the court to which the application is made shall have exclusive jurisdiction of the plan involved and its property wherever located with the powers, to the extent consistent with the purposes of this section, of a court of the United States having jurisdiction over cases under chapter 11 of title 11, United States Code. Pending an adjudication under this section such court shall stay, and upon appointment by it of the Secretary as trustee, such court shall continue the stay of, any pending mortgage foreclosure, equity receivership, or other proceeding to reorganize, conserve, or liquidate the plan, the sponsor, or property of such plan or sponsor, and any other suit against any receiver, conservator, or trustee of the plan, the sponsor, or property of the plan or sponsor. Pending such adjudication and upon the appointment by it of the Secretary as trustee, the court may stay any proceeding to enforce a lien against property of the plan or the sponsor or any other suit against the plan or the sponsor. (2) Venue An action under this section may be brought in the judicial district where the sponsor or the plan administrator resides or does business or where any asset of the plan is situated. A district court in which such action is brought may issue process with respect to such action in any other judicial district. (g) Personnel In accordance with regulations which shall be prescribed by the Secretary, the Secretary shall appoint, retain, and compensate accountants, actuaries, and other professional service personnel as may be necessary in connection with the Secretary’s service as trustee under this section. 811. State assessment authority (a) In General Notwithstanding section 514, a State may impose by law a contribution tax on an association health plan described in section 806(a)(2), if the plan commenced operations in such State after the date of the enactment of the Small Business Health Fairness Act of 2013 . (b) Contribution Tax For purposes of this section, the term contribution tax imposed by a State on an association health plan means any tax imposed by such State if— (1) such tax is computed by applying a rate to the amount of premiums or contributions, with respect to individuals covered under the plan who are residents of such State, which are received by the plan from participating employers located in such State or from such individuals; (2) the rate of such tax does not exceed the rate of any tax imposed by such State on premiums or contributions received by insurers or health maintenance organizations for health insurance coverage offered in such State in connection with a group health plan; (3) such tax is otherwise nondiscriminatory; and (4) the amount of any such tax assessed on the plan is reduced by the amount of any tax or assessment otherwise imposed by the State on premiums, contributions, or both received by insurers or health maintenance organizations for health insurance coverage, aggregate excess/stop loss insurance (as defined in section 806(g)(1)), specific excess/stop loss insurance (as defined in section 806(g)(2)), other insurance related to the provision of medical care under the plan, or any combination thereof provided by such insurers or health maintenance organizations in such State in connection with such plan. 812. Definitions and rules of construction (a) Definitions For purposes of this part— (1) Group health plan The term group health plan has the meaning provided in section 733(a)(1) (after applying subsection (b) of this section). (2) Medical care The term medical care has the meaning provided in section 733(a)(2). (3) Health insurance coverage The term health insurance coverage has the meaning provided in section 733(b)(1). (4) Health insurance issuer The term health insurance issuer has the meaning provided in section 733(b)(2). (5) Applicable authority The term applicable authority means the Secretary, except that, in connection with any exercise of the Secretary’s authority regarding which the Secretary is required under section 506(d) to consult with a State, such term means the Secretary, in consultation with such State. (6) Health status-related factor The term health status-related factor has the meaning provided in section 733(d)(2). (7) Individual market (A) In general The term individual market means the market for health insurance coverage offered to individuals other than in connection with a group health plan. (B) Treatment of very small groups (i) In general Subject to clause (ii), such term includes coverage offered in connection with a group health plan that has fewer than 2 participants as current employees or participants described in section 732(d)(3) on the first day of the plan year. (ii) State exception Clause (i) shall not apply in the case of health insurance coverage offered in a State if such State regulates the coverage described in such clause in the same manner and to the same extent as coverage in the small group market (as defined in section 2791(e)(5) of the Public Health Service Act ) is regulated by such State. (8) Participating employer The term participating employer means, in connection with an association health plan, any employer, if any individual who is an employee of such employer, a partner in such employer, or a self-employed individual who is such employer (or any dependent, as defined under the terms of the plan, of such individual) is or was covered under such plan in connection with the status of such individual as such an employee, partner, or self-employed individual in relation to the plan. (9) 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 title XXVII of the Public Health Service Act for the State involved with respect to such issuer. (10) Qualified actuary The term qualified actuary means an individual who is a member of the American Academy of Actuaries. (11) Affiliated member The term affiliated member means, in connection with a sponsor— (A) a person who is otherwise eligible to be a member of the sponsor but who elects an affiliated status with the sponsor, (B) in the case of a sponsor with members which consist of associations, a person who is a member of any such association and elects an affiliated status with the sponsor, or (C) in the case of an association health plan in existence on the date of the enactment of the Small Business Health Fairness Act of 2013 , a person eligible to be a member of the sponsor or one of its member associations. (12) Large employer The term large employer means, in connection with a group health plan with respect to a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. (13) Small employer The term small employer means, in connection with a group health plan with respect to a plan year, an employer who is not a large employer. (b) Rules of Construction (1) Employers and employees For purposes of determining whether a plan, fund, or program is an employee welfare benefit plan which is an association health plan, and for purposes of applying this title in connection with such plan, fund, or program so determined to be such an employee welfare benefit plan— (A) in the case of a partnership, the term employer (as defined in section 3(5)) includes the partnership in relation to the partners, and the term employee (as defined in section 3(6)) includes any partner in relation to the partnership; and (B) in the case of a self-employed individual, the term employer (as defined in section 3(5)) and the term employee (as defined in section 3(6)) shall include such individual. (2) Plans, funds, and programs treated as employee welfare benefit plans In the case of any plan, fund, or program which was established or is maintained for the purpose of providing medical care (through the purchase of insurance or otherwise) for employees (or their dependents) covered thereunder and which demonstrates to the Secretary that all requirements for certification under this part would be met with respect to such plan, fund, or program if such plan, fund, or program were a group health plan, such plan, fund, or program shall be treated for purposes of this title as an employee welfare benefit plan on and after the date of such demonstration. . (b) Conforming Amendments to Preemption Rules (1) Section 514(b)(6) of such Act ( 29 U.S.C. 1144(b)(6) ) is amended by adding at the end the following new subparagraph: (E) The preceding subparagraphs of this paragraph do not apply with respect to any State law in the case of an association health plan which is certified under part 8. . (2) Section 514 of such Act ( 29 U.S.C. 1144 ) is amended— (A) in subsection (b)(4), by striking Subsection (a) and inserting Subsections (a) and (d) ; (B) in subsection (b)(5), by striking subsection (a) in subparagraph (A) and inserting subsection (a) of this section and subsections (a)(2)(B) and (b) of section 805 , and by striking subsection (a) in subparagraph (B) and inserting subsection (a) of this section or subsection (a)(2)(B) or (b) of section 805 ; (C) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (D) by inserting after subsection (c) the following new subsection: (d) (1) Except as provided in subsection (b)(4), the provisions of this title shall supersede any and all State laws insofar as they may now or hereafter preclude, or have the effect of precluding, a health insurance issuer from offering health insurance coverage in connection with an association health plan which is certified under part 8. (2) Except as provided in paragraphs (4) and (5) of subsection (b) of this section— (A) In any case in which health insurance coverage of any policy type is offered under an association health plan certified under part 8 to a participating employer operating in such State, the provisions of this title shall supersede any and all laws of such State insofar as they may preclude a health insurance issuer from offering health insurance coverage of the same policy type to other employers operating in the State which are eligible for coverage under such association health plan, whether or not such other employers are participating employers in such plan. (B) In any case in which health insurance coverage of any policy type is offered in a State under an association health plan certified under part 8 and the filing, with the applicable State authority (as defined in section 812(a)(9)), of the policy form in connection with such policy type is approved by such State authority, the provisions of this title shall supersede any and all laws of any other State in which health insurance coverage of such type is offered, insofar as they may preclude, upon the filing in the same form and manner of such policy form with the applicable State authority in such other State, the approval of the filing in such other State. (3) Nothing in subsection (b)(6)(E) or the preceding provisions of this subsection shall be construed, with respect to health insurance issuers or health insurance coverage, to supersede or impair the law of any State— (A) providing solvency standards or similar standards regarding the adequacy of insurer capital, surplus, reserves, or contributions, or (B) relating to prompt payment of claims. (4) For additional provisions relating to association health plans, see subsections (a)(2)(B) and (b) of section 805. (5) For purposes of this subsection, the term association health plan has the meaning provided in section 801(a), and the terms health insurance coverage , participating employer , and health insurance issuer have the meanings provided such terms in section 812, respectively. . (3) Section 514(b)(6)(A) of such Act ( 29 U.S.C. 1144(b)(6)(A) ) is amended— (A) in clause (i)(II), by striking and at the end; (B) in clause (ii), by inserting and which does not provide medical care (within the meaning of section 733(a)(2)), after arrangement, and by striking title. and inserting title, and ; and (C) by adding at the end the following new clause: (iii) subject to subparagraph (E), in the case of any other employee welfare benefit plan which is a multiple employer welfare arrangement and which provides medical care (within the meaning of section 733(a)(2)), any law of any State which regulates insurance may apply. . (4) Section 514(e) of such Act (as redesignated by paragraph (2)(C)) is amended— (A) by striking Nothing and inserting (1) Except as provided in paragraph (2), nothing ; and (B) by adding at the end the following new paragraph: (2) Nothing in any other provision of law enacted on or after the date of the enactment of the Small Business Health Fairness Act of 2013 shall be construed to alter, amend, modify, invalidate, impair, or supersede any provision of this title, except by specific cross-reference to the affected section. . (c) Plan Sponsor Section 3(16)(B) of such Act ( 29 U.S.C. 102(16)(B) ) is amended by adding at the end the following new sentence: Such term also includes a person serving as the sponsor of an association health plan under part 8. . (d) Disclosure of Solvency Protections Related to Self-Insured and Fully Insured Options Under Association Health Plans Section 102(b) of such Act ( 29 U.S.C. 102(b) ) is amended by adding at the end the following: An association health plan shall include in its summary plan description, in connection with each benefit option, a description of the form of solvency or guarantee fund protection secured pursuant to this Act or applicable State law, if any. . (e) Savings Clause Section 731(c) of such Act is amended by inserting or part 8 after this part . (f) Report to the Congress Regarding Certification of Self-Insured Association Health Plans Not later than January 1, 2016, the Secretary of Labor shall report 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 the effect association health plans have had, if any, on reducing the number of uninsured individuals. (g) Clerical Amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 734 the following new items: Part 8—Rules Governing Association Health Plans 801. Association health plans. 802. Certification of association health plans. 803. Requirements relating to sponsors and boards of trustees. 804. Participation and coverage requirements. 805. Other requirements relating to plan documents, contribution rates, and benefit options. 806. Maintenance of reserves and provisions for solvency for plans providing health benefits in addition to health insurance coverage. 807. Requirements for application and related requirements. 808. Notice requirements for voluntary termination. 809. Corrective actions and mandatory termination. 810. Trusteeship by the Secretary of insolvent association health plans providing health benefits in addition to health insurance coverage. 811. State assessment authority. 812. Definitions and rules of construction. . 622. Clarification of treatment of single employer arrangements Section 3(40)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(40)(B) ) is amended— (1) in clause (i), by inserting after control group, the following: except that, in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), two or more trades or businesses, whether or not incorporated, shall be deemed a single employer for any plan year of such plan, or any fiscal year of such other arrangement, if such trades or businesses are within the same control group during such year or at any time during the preceding 1-year period, ; (2) in clause (iii), by striking (iii) the determination and inserting the following: (iii) (I) in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), the determination of whether a trade or business is under common control with another trade or business shall be determined under regulations of the Secretary applying principles consistent and coextensive with the principles applied in determining whether employees of two or more trades or businesses are treated as employed by a single employer under section 4001(b), except that, for purposes of this paragraph, an interest of greater than 25 percent may not be required as the minimum interest necessary for common control, or (II) in any other case, the determination ; (3) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (4) by inserting after clause (iii) the following new clause: (iv) in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), in determining, after the application of clause (i), whether benefits are provided to employees of two or more employers, the arrangement shall be treated as having only one participating employer if, after the application of clause (i), the number of individuals who are employees and former employees of any one participating employer and who are covered under the arrangement is greater than 75 percent of the aggregate number of all individuals who are employees or former employees of participating employers and who are covered under the arrangement, . 623. Enforcement provisions relating to association health plans (a) Criminal Penalties for Certain Willful Misrepresentations Section 501 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 ) is amended— (1) by inserting (a) after Sec. 501. ; and (2) by adding at the end the following new subsection: (b) Any person who willfully falsely represents, to any employee, any employee’s beneficiary, any employer, the Secretary, or any State, a plan or other arrangement established or maintained for the purpose of offering or providing any benefit described in section 3(1) to employees or their beneficiaries as— (1) being an association health plan which has been certified under part 8; (2) having been established or maintained under or pursuant to one or more collective bargaining agreements which are reached pursuant to collective bargaining described in section 8(d) of the National Labor Relations Act ( 29 U.S.C. 158(d) ) or paragraph fourth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 , paragraph fourth) or which are reached pursuant to labor-management negotiations under similar provisions of State public employee relations laws; or (3) being a plan or arrangement described in section 3(40)(A)(i), shall, upon conviction, be imprisoned not more than 5 years, be fined under title 18, United States Code, or both. . (b) Cease Activities Orders Section 502 of such Act ( 29 U.S.C. 1132 ) is amended by adding at the end the following new subsection: (n) Association Health Plan Cease and Desist Orders (1) In general Subject to paragraph (2), upon application by the Secretary showing the operation, promotion, or marketing of an association health plan (or similar arrangement providing benefits consisting of medical care (as defined in section 733(a)(2))) that— (A) is not certified under part 8, is subject under section 514(b)(6) to the insurance laws of any State in which the plan or arrangement offers or provides benefits, and is not licensed, registered, or otherwise approved under the insurance laws of such State; or (B) is an association health plan certified under part 8 and is not operating in accordance with the requirements under part 8 for such certification, a district court of the United States shall enter an order requiring that the plan or arrangement cease activities. (2) Exception Paragraph (1) shall not apply in the case of an association health plan or other arrangement if the plan or arrangement shows that— (A) all benefits under it referred to in paragraph (1) consist of health insurance coverage; and (B) with respect to each State in which the plan or arrangement offers or provides benefits, the plan or arrangement is operating in accordance with applicable State laws that are not superseded under section 514. (3) Additional equitable relief The court may grant such additional equitable relief, including any relief available under this title, as it deems necessary to protect the interests of the public and of persons having claims for benefits against the plan. . (c) Responsibility for Claims Procedure Section 503 of such Act ( 29 U.S.C. 1133 ) is amended by inserting (a) In general .— before In accordance , and by adding at the end the following new subsection: (b) Association Health Plans The terms of each association health plan which is or has been certified under part 8 shall require the board of trustees or the named fiduciary (as applicable) to ensure that the requirements of this section are met in connection with claims filed under the plan. . 624. Cooperation between Federal and State authorities Section 506 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1136 ) is amended by adding at the end the following new subsection: (d) Consultation With States With Respect to Association Health Plans (1) Agreements with states The Secretary shall consult with the State recognized under paragraph (2) with respect to an association health plan regarding the exercise of— (A) the Secretary’s authority under sections 502 and 504 to enforce the requirements for certification under part 8; and (B) the Secretary’s authority to certify association health plans under part 8 in accordance with regulations of the Secretary applicable to certification under part 8. (2) Recognition of primary domicile state In carrying out paragraph (1), the Secretary shall ensure that only one State will be recognized, with respect to any particular association health plan, as the State with which consultation is required. In carrying out this paragraph— (A) in the case of a plan which provides health insurance coverage (as defined in section 812(a)(3)), such State shall be the State with which filing and approval of a policy type offered by the plan was initially obtained, and (B) in any other case, the Secretary shall take into account the places of residence of the participants and beneficiaries under the plan and the State in which the trust is maintained. . 625. Effective date and transitional and other rules (a) Effective Date The amendments made by this chapter shall take effect 1 year after the date of the enactment of this Act. The Secretary of Labor shall first issue all regulations necessary to carry out the amendments made by this chapter within 1 year after the date of the enactment of this Act. (b) Treatment of Certain Existing Health Benefits Programs (1) In general In any case in which, as of the date of the enactment of this Act, an arrangement is maintained in a State for the purpose of providing benefits consisting of medical care for the employees and beneficiaries of its participating employers, at least 200 participating employers make contributions to such arrangement, such arrangement has been in existence for at least 10 years, and such arrangement is licensed under the laws of one or more States to provide such benefits to its participating employers, upon the filing with the applicable authority (as defined in section 812(a)(5) of the Employee Retirement Income Security Act of 1974 (as amended by this chapter)) by the arrangement of an application for certification of the arrangement under part 8 of subtitle B of title I of such Act— (A) such arrangement shall be deemed to be a group health plan for purposes of title I of such Act; (B) the requirements of sections 801(a) and 803(a) of the Employee Retirement Income Security Act of 1974 shall be deemed met with respect to such arrangement; (C) the requirements of section 803(b) of such Act shall be deemed met, if the arrangement is operated by a board of directors which— (i) is elected by the participating employers, with each employer having one vote; and (ii) has complete fiscal control over the arrangement and which is responsible for all operations of the arrangement; (D) the requirements of section 804(a) of such Act shall be deemed met with respect to such arrangement; and (E) the arrangement may be certified by any applicable authority with respect to its operations in any State only if it operates in such State on the date of certification. The provisions of this subsection shall cease to apply with respect to any such arrangement at such time after the date of the enactment of this Act as the applicable requirements of this subsection are not met with respect to such arrangement. (2) Definitions For purposes of this subsection, the terms group health plan , medical care , and participating employer shall have the meanings provided in section 812 of the Employee Retirement Income Security Act of 1974 , except that the reference in paragraph (7) of such section to an association health plan shall be deemed a reference to an arrangement referred to in this subsection. 2 Targeted Efforts To Expand Access 631. Extending coverage of dependents (a) Employee Retirement Income Security Act of 1974 (1) In general Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 714 the following new section: 715. Extending coverage of dependents (a) In general In the case of a group health plan, or health insurance coverage offered in connection with a group health plan, that treats as a beneficiary under the plan an individual who is a dependent child of a participant or beneficiary under the plan, the plan or coverage shall continue to treat the individual as a dependent child without regard to the individual’s age through at least the end of the plan year in which the individual turns an age specified in the plan, but not less than 23 years of age. (b) Construction Nothing in this section shall be construed as requiring a group health plan to provide benefits for dependent children as beneficiaries under the plan or to require a participant to elect coverage of dependent children. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 714 the following new item: Sec. 715. Extending coverage of dependents. . (b) PHSA Title XXVII of the Public Health Service Act is amended by inserting after section 2707 the following new section: 2708. Extending coverage of dependents (a) In general In the case of a group health plan, or health insurance coverage offered in connection with a group health plan, that treats as a beneficiary under the plan an individual who is a dependent child of a participant or beneficiary under the plan, the plan or coverage shall continue to treat the individual as a dependent child without regard to the individual’s age through at least the end of the plan year in which the individual turns an age specified in the plan, but not less than 23 years of age. (b) Construction Nothing in this section shall be construed as requiring a group health plan to provide benefits for dependent children as beneficiaries under the plan or to require a participant to elect coverage of dependent children. . (c) IRC (1) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9814. Extending coverage of dependents (a) In general In the case of a group health plan that treats as a beneficiary under the plan an individual who is a dependent child of a participant or beneficiary under the plan, the plan shall continue to treat the individual as a dependent child without regard to the individual’s age through at least the end of the plan year in which the individual turns an age specified in the plan, but not less than 23 years of age. (b) Construction Nothing in this section shall be construed as requiring a group health plan to provide coverage for dependent children as beneficiaries under the plan or to require a participant to elect coverage of dependent children. . (2) Clerical amendment The table of sections in such subchapter is amended by adding at the end the following new item: Sec. 9814. Extending coverage of dependents. . (d) Effective date The amendments made by this section shall apply to group health plans for plan years beginning more than 3 months after the date of the enactment of this Act and shall apply to individuals who are dependent children under a group health plan, or health insurance coverage offered in connection with such a plan, on or after such date. 632. Allowing auto-enrollment for employer sponsored coverage (a) In general No State shall establish a law that prevents an employer from instituting auto-enrollment for coverage of a participant or beneficiary, including current employees, under a group health plan, or health insurance coverage offered in connection with such a plan, so long as the participant or beneficiary has the option of declining such coverage. (b) Auto-Enrollment (1) Notice required Employers with auto-enrollment under a group health plan or health insurance coverage shall provide annual notification, within a reasonable period before the beginning of each plan year, to each employee eligible to participate in the plan. The notice shall explain the employee contribution to such plan and the employee’s right to decline coverage. (2) Treatment of non-action After a reasonable period of time after receipt of the notice, if an employee fails to make an affirmative declaration declining coverage, then such an employee may be enrolled in the group health plan or health insurance coverage offered in connection with such a plan.”. (c) Construction Nothing in this section shall be construed to supersede State law which establishes, implements, or continues in effect any standard or requirement relating to employers in connection with payroll or the sponsoring of employer sponsored health insurance coverage except to the extent that such standard or requirement prevents an employer from instituting the auto-enrollment described in subsection (a). VII Stopping Medicare, Waste, Fraud, and Abuse and Increasing Penalties for Abusers 701. Increased civil money penalties and criminal fines for Medicare fraud and abuse (a) Increased Civil Money Penalties Section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) is amended— (1) in subsection (a), in the matter following paragraph (10)— (A) by striking $10,000 each place it appears and inserting $20,000 ; (B) by striking $15,000 and inserting $30,000 ; and (C) by striking $50,000 each place it appears and inserting $100,000 ; and (2) in subsection (b)— (A) in paragraph (1), in the flush matter following subparagraph (B), by striking $2,000 and inserting $4,000 ; (B) in paragraph (2), by striking $2,000 and inserting $4,000 ; and (C) in paragraph (3)(A)(i), by striking $5,000 and inserting $10,000 . (b) Increased Criminal Fines Section 1128B of the Social Security Act ( 42 U.S.C. 1320a–7b ) is amended— (1) in subsection (a), in the flush matter following paragraph (6)— (A) by striking $25,000 and inserting $100,000 ; and (B) by striking $10,000 and inserting $20,000 ; (2) in subsection (b)— (A) in paragraph (1), in the flush matter following subparagraph (B), by striking $25,000 and inserting $100,000 ; and (B) in paragraph (2), in the flush matter following subparagraph (B), by striking $25,000 and inserting $100,000 ; (3) in subsection (c), by striking $25,000 and inserting $100,000 ; (4) in subsection (d), in the second flush matter following subparagraph (B), by striking $25,000 and inserting $100,000 ; and (5) in subsection (e), by striking $2,000 and inserting $4,000 . (c) Effective Date The amendments made by this section shall apply to civil money penalties and fines imposed for actions taken on or after the date of enactment of this Act. 702. Increased sentences for felonies involving Medicare fraud and abuse (a) False Statements and Representations Section 1128B(a) of the Social Security Act (42 U.S.C. 1320a–7b(a)) is amended, in clause (i) of the flush matter following paragraph (6), by striking not more than five years and inserting not more than 10 years . (b) Anti-Kickback Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (1) in paragraph (1), in the flush matter following subparagraph (B), by striking not more than five years and inserting not more than 10 years ; and (2) in paragraph (2), in the flush matter following subparagraph (B), by striking not more than five years and inserting not more than 10 years . (c) False Statement or Representation With Respect to Conditions or Operations of Facilities Section 1128B(c) of the Social Security Act (42 U.S.C. 1320a–7b(c)) is amended by striking not more than five years and inserting not more than 10 years . (d) Excess Charges Section 1128B(d) of the Social Security Act (42 U.S.C. 1320a–7b(d)) is amended, in the second flush matter following subparagraph (B), by striking not more than five years and inserting not more than 10 years . (e) Effective Date The amendments made by this section shall apply to criminal penalties imposed for actions taken on or after the date of enactment of this Act. 703. Other DME supplier anti-fraud and abuse provisions (a) Mandatory periodic site inspections for DME suppliers The Secretary of Health and Human Services shall require, as a condition for participation of suppliers of durable medical equipment under part B of title XVIII of the Social Security Act— (1) a site inspection to be conducted for each such supplier that has not previously participated under such part within 6 months of the date of its initial participation under such part; and (2) a site inspection at least every 2 years to be conducted for each such supplier that has previously participated under such part. (b) Post-Payment review The Secretary also shall provide conduct post-payment reviews of claims for items and services furnished under such part by durable medical equipment suppliers that begin participation under such part after the date of the enactment of this Act. Such reviews shall be conducted not less often than after the first 6, 12, and 18 months of such participation. (c) Availability of funds Funds in the Health Care Fraud and Abuse Control Account under section 1817(k) of the Social Security Act ( 42 U.S.C. 1395i(k) ) shall be available for the conduct of site inspections and post-payment review required under this section. (d) Treatment of skilled nursing facilities In this section, a skilled nursing facility shall not be treated as a supplier of durable medical equipment with respect to any individual who is a resident of such facility. 704. Retention of certain fraud and abuse provisions Section 101 shall not apply to the provisions (including amendments made by) title VI of Public Law 111–148 , other than subtitles D, H, and I of such title, and provisions of Public Law 111–152 insofar as they relate to such provisions. 705. Ensuring timely enforcement of Medicare secondary payer requirements in liability cases The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall affirmatively establish, for initial implementation not later than 90 days after the date of the enactment of this Act, a plan to require applicable plans (as defined in subparagraph (F) of section 1862(b)(8) of the Social Security Act ( 42 U.S.C. 1395y(b)(8) ), as added by section 111(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 ( Public Law 110–173 )), to meet the determination and submission requirements under subparagraph (A) of such section 1862(b)(8).	https://www.govinfo.gov/content/pkg/BILLS-113hr3622ih/xml/BILLS-113hr3622ih.xml
113-hr-3623	I 113th CONGRESS 1st Session H. R. 3623 IN THE HOUSE OF REPRESENTATIVES November 22, 2013 Mr. Fincher (for himself and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend certain provisions of the securities laws relating to the treatment of emerging growth companies. 1. Short title This Act may be cited as the Improving Access to Capital for Emerging Growth Companies Act . 2. Filing requirement for public filing prior to public offering Section 6(e)(1) of the Securities Act of 1933 ( 15 U.S.C. 77f(e)(1) ) is amended by striking 21 days and inserting 15 days . 3. Grace period for change of status of emerging growth companies Section 6(e)(1) of the Securities Act of 1933 ( 15 U.S.C. 77f(e)(1) ) is further amended by adding at the end the following: An issuer that was an emerging growth company at the time it filed a confidential registration statement for review under this subsection but is no longer an emerging growth company shall continue to be treated as an emerging growth company for purposes of this subsection through the earlier of the date on which the issuer consummates its initial public offering pursuant to such registration statement or the end of the 1-year period beginning on the date that the company is no longer an emerging growth company. . 4. Simplified disclosure requirements for emerging growth companies Section 102 of the Jumpstart Our Business Startups Act ( Public Law 112–106 ) is amended by adding at the end the following: (d) Simplified disclosure requirements With respect to an emerging growth company (as such term is defined under section 2 of the Securities Act of 1933): (1) Requirement to include notice on form S–1 Not later than 30 days after the date of enactment of this subsection, the Securities and Exchange Commission shall revise its general instructions on Form S–1 to indicate that a registration statement filed (or submitted for confidential review) by an issuer prior to an initial public offering may omit financial information for historical periods otherwise required by regulation S–X (17 C.F.R. 210.1–01 et seq.) as of the time of filing (or confidential submission) of such registration statement, provided that— (A) prior to the issuer distributing a preliminary prospectus to investors, such registration statement is amended to include all relevant periods required at the date of such amendment; and (B) the issuer reasonably believes such financial disclosure will no longer be required to be included in the Form S–1 at the time of the contemplated offering. (2) Reliance by issuers Effective 30 days after the date of enactment of this subsection, an issuer filing a registration statement (or submitting the statement for confidential review) utilizing Form S–1 may omit financial information for historical periods otherwise required by regulation S–X (17 C.F.R. 210.1–01 et seq.) as of the time of filing (or confidential submission) of such registration statement, provided that prior to the public filing of Form S–1, such registration statement is amended to include all relevant periods required at the date of such amendment. . 5. Filing requirements for follow-on offerings Section 6(e) of the Securities Act of 1933 ( 15 U.S.C. 77f(e) ) is further amended by adding at the end the following: (3) Follow-on offerings An emerging growth company may, within 1 year of the company’s initial public offering, confidentially submit to the Commission a draft registration statement for any securities to be issued subsequent to its initial public offering, for confidential nonpublic review by the staff of the Commission prior to publicly filing a registration statement, provided that the initial confidential submission and all amendments thereto shall be publicly filed with the Commission not later than 2 days before the date on which the emerging growth company issues such securities. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3623ih/xml/BILLS-113hr3623ih.xml
113-hr-3624	I 113th CONGRESS 1st Session H. R. 3624 IN THE HOUSE OF REPRESENTATIVES November 22, 2013 Mr. Israel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Commissioner of Food and Drugs to revise the Federal regulations applicable to the declaration of the trans fat content of a food on the label and in the labeling of the food when such content is less than 0.5 gram. 1. Short title This Act may be cited as the Trans Fat Truth in Labeling Act of 2013 . 2. Findings The Congress finds the following: (1) The Institute of Medicine of the National Academies advises the United States Government on nutritional science for use in the formation of public policy, including product labeling programs. (2) In 2002, the Institute of Medicine— (A) issued recommended dietary reference intake amounts for energy, carbohydrates, fiber, fat, fatty acids, cholesterol, protein, and amino acids; and (B) made recommendations regarding consumption of trans fat. (3) These recommendations included the following statement: trans fatty acids are not essential and provide no known benefit to human health . (4) The Institute of Medicine concluded that— (A) both saturated and trans fats increase levels of LDL cholesterol; and (B) trans fats may also lower levels of HDL cholesterol. (5) A 2006 New England Journal of Medicine scientific review stated that from a nutritional standpoint, the consumption of trans fatty acids results in considerable potential harm but no apparent benefit . (6) Based on this overwhelming scientific evidence, in 2013, the Food and Drug Administration issued a preliminary determination that partially hydrogenated oils, which are the primary dietary source of artificial trans fats, are not generally recognized as safe for use as an ingredient in food. (7) Notwithstanding such preliminary determination, certain foods will still contain a certain level of naturally-occurring trans fats, and current laws and regulations, which only require that the labeling of food containing a certain threshold amount of trans fats bear that fact, will remain in effect. 3. Declaration of trans fat content of less than 0.5 gram per serving on the label or in the labeling of food (a) Requirement Not later than 180 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall promulgate a final regulation, revising section 101.9(c)(2)(ii) of title 21 of the Code of Federal Regulations and such other regulatory provisions as may be necessary, to— (1) require that the nutrition information on the label or labeling on an applicable food contain an asterisk or another similar notation and a note to indicate that the food has a low trans fat content per serving; and (2) prohibit the label or labeling on an applicable food from indicating that trans fat content per serving is zero. (b) Applicable food For purposes of this section, the term applicable food means a food for which— (1) the trans fat content of a serving of the food is less than 0.5 gram and greater than 0.0 gram; and (2) the trans fat content of a serving of the food is declared in the nutrition information on the label or in the labeling of the food. (c) Effective date The regulation promulgated under subsection (a) shall take effect on the date that is 18 months after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3624ih/xml/BILLS-113hr3624ih.xml
113-hr-3625	I 113th CONGRESS 1st Session H. R. 3625 IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. Brooks of Alabama introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide for termination liability costs for certain National Aeronautics and Space Administration projects, and for other purposes. 1. Findings Congress makes the following findings: (1) The International Space Station, the Space Launch System, and the Orion crew capsule will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space. As a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments. (2) While the Space Launch System and the Orion programs, currently under development, have made significant progress, they have not been funded at levels authorized, and as a result congressionally authorized milestones will be delayed by several years. (3) In addition, contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience. As a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs. (4) According to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them. In fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders—a termination rate of about 0.17 percent. (5) Providing processes requiring congressional action on termination of these high-priority programs would enable contractors to apply taxpayer dollars to making maximum progress in meeting the established technical goals and schedule milestones of these programs. 2. NASA termination liability (a) General rule Termination liability costs for a covered program shall be provided only pursuant to this section. (b) Prohibition on reserving funds The Administrator may not reserve funds from amounts appropriated for a covered program, and shall direct prime contractors not to reserve funds, for potential termination liability costs with respect to a covered program. (c) Intent of Congress It is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. (d) Void contractual provisions Any provision in a prime contract entered into before the date of enactment of this Act that provides for the payment of termination liability costs through any means other than as provided in this section is hereby declared to be void and unenforceable. (e) Congressional action; notice (1) Termination for convenience The Administrator may not initiate termination for the convenience of the Government of a prime contract on a covered program unless such program termination is authorized or required by a law enacted after the date of enactment of this Act. (2) Termination for cause The Administrator shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate before initiating termination for cause of a prime contract on a covered program. (f) Supplemental appropriation request (1) Request If the Administrator decides to terminate a prime contract on a covered program, and sufficient unobligated appropriations are not available to cover termination liability costs in the appropriations account that is funding the prime contract being terminated, the Administrator shall provide to Congress a notification that an authorization of appropriations is necessary not later than 120 days in advance of the proposed contract settlement for the covered program. (2) Intent of Congress It is the intent of Congress to provide additional authorization for appropriations as may be necessary to pay termination liability costs on prime contracts for covered programs if Congress deems it appropriate that the Administration terminate such prime contracts. 3. Reporting Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter for the duration of the prime contracts on covered programs, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) the estimated termination liability costs for each of the prime contracts; and (2) the basis for how such estimate was determined. 4. Definitions In this Act: (1) Administration The term Administration means the National Aeronautics and Space Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Covered program The term covered program means the International Space Station, the Space Launch System, and the Orion crew capsule. (4) Orion crew capsule The term Orion crew capsule refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (5) Prime contractor The term prime contractor means a person or entity contracting directly with the Federal Government on a covered program. (6) Space Launch System The term Space Launch System refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322 ). (7) Termination liability costs The term termination liability costs means any costs incurred by a prime contractor, or by any subcontractor of a prime contractor, for which the Federal Government is liable as a result of termination of a prime contract by the Administrator.	https://www.govinfo.gov/content/pkg/BILLS-113hr3625ih/xml/BILLS-113hr3625ih.xml
113-hr-3626	I 113th CONGRESS 1st Session H. R. 3626 IN THE HOUSE OF REPRESENTATIVES AN ACT To extend the Undetectable Firearms Act of 1988 for 10 years. 1. Extension of Undetectable Firearms Act of 1988 for 10 years Section 2(f)(2) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 note) is amended by striking 25 and inserting 35 . Passed the House of Representatives December 3, 2013. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr3626eh/xml/BILLS-113hr3626eh.xml
113-hr-3627	I 113th CONGRESS 1st Session H. R. 3627 IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. Pittenger introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Attorney General to report on State law penalties for certain child abusers, and for other purposes. 1. Short title This Act may be cited as the Kilah Davenport Child Protection Act of 2013 . 2. Attorney General Report Not later than 180 days after the date of enactment of this Act, and again 3 years thereafter, the Attorney General shall publish and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the United States Senate a report on the penalties for violations of laws prohibiting child abuse in each of the 50 States, the District of Columbia, and each territory of the United States, including whether the laws of that State, District, or territory provides for enhanced penalties when the victim has suffered serious bodily injury, or permanent or protracted loss or impairment of any mental or emotional function. 3. Expansion of predicate for increased penalties for certain domestic assaults Section 117(a)(1) of title 18, United States Code, is amended by inserting , or against a child of or in the care of the person committing the domestic assault after intimate partner .	https://www.govinfo.gov/content/pkg/BILLS-113hr3627ih/xml/BILLS-113hr3627ih.xml
113-hr-3628	IB Union Calendar No. 217 113th CONGRESS 1st Session H. R. 3628 [Report No. 113–299] IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. Shuster (for himself and Mr. Rahall ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure December 19, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To eliminate certain unnecessary reporting requirements and consolidate or modify others, and for other purposes. 1. Short title This Act may be cited as the Transportation Reports Elimination Act of 2013 . 2. Elimination of certain reporting requirements (a) Department of Transportation (1) Air Traffic Services Committee reports Section 106(p)(7) of title 49, United States Code, is amended— (A) by striking subparagraph (H); and (B) by redesignating subparagraph (I) as subparagraph (H). (2) Annual summaries of financial reports Subsection (k) of section 47107 of title 49, United States Code, is repealed. (3) Pipeline safety information grants to communities annual report Section 60130 of title 49, United States Code, is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (4) Pilot program for innovative financing of air traffic control equipment annual report Section 182 of the Vision 100—Century of Aviation Reauthorization Act ( 49 U.S.C. 44502 note) is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (5) Justification for Air Defense Identification Zone Section 602 of the Vision 100—Century of Aviation Reauthorization Act ( Public Law 108–176 ; 117 Stat. 2563), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed. (6) Standards for aircraft and aircraft engines to reduce noise levels annual report Section 726 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ( 49 U.S.C. 47508 note) is amended by striking subsection (c). (b) Environmental Protection Agency (1) Great Lakes Management comprehensive report Section 118(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c) ) is amended— (A) by striking paragraph (10); and (B) by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (2) General assistance program report to Congress The Indian Environmental General Assistance Program Act of 1992 ( 42 U.S.C. 4368b ) is amended by striking subsection (i). (3) Research program respecting ocean dumping and other methods of waste disposal report by Administrator Section 204 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1444 ) is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). 3. Consolidation or modification of certain reports (a) Marine safety report to Congress (1) Consolidation Section 2116(d)(2)(B) of title 46, United States Code, is amended by striking under subsection (b); and and inserting under subsection (b), which shall include an identification of— (i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and (ii) marine safety positions that are understaffed for purposes of facilitating the strategy and achieving the goals described in subsection (a); and . (2) Conforming amendments Section 57 of title 14, United States Code, is amended— (A) by striking subsection (e); and (B) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively. (b) Maritime transportation security annual report (1) Consolidation Section 70103 of title 46, United States Code, is amended by adding at the end the following: (f) Annual report On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes— (1) with respect to the last full fiscal year preceding the report— (A) a summary of— (i) security standards established pursuant to this section; and (ii) the level of compliance and steps taken to ensure compliance by ports, terminals, vessel operators, and shippers with respect to security standards established pursuant to this section; and (B) a statement of the number of— (i) security zones established for vessels containing especially hazardous cargo; and (ii) vessels containing especially hazardous cargo provided a waterborne security escort, subdivided by Federal, State, local, or private security provider; and (2) an assessment of any additional vessels, personnel, infrastructure, or other resources that may be necessary to provide waterborne escorts to vessels containing especially hazardous cargo for which a security zone is established. . (2) Conforming amendments (A) Especially hazardous cargo Section 70103(e) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Especially hazardous cargo defined In this subsection and subsection (f), the term especially hazardous cargo means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce. . (B) Vessel and intermodal security reports Section 809 of the Coast Guard and Maritime Transportation Act of 2004 ( 46 U.S.C. 70101 note) is amended— (i) in subsection (a) by striking and (j) and inserting and (i) ; (ii) by striking subsection (i); and (iii) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (c) Modifications (1) Infrastructure investment needs report Section 503(b)(8)(A) of title 23, United States Code, is amended by striking July 31, 2013, and July 31 and inserting July 31, 2014, and July 31 . (2) Reports to Congress Section 609 of title 23, United States Code, is amended— (A) in subsection (a) by striking June 1, 2012, and inserting June 1, 2014, ; and (B) in subsection (b)(1) by striking December 1, 2012, and inserting December 1, 2014, . (3) Public mass transportation systems report Section 308(e)(1) of title 49, United States Code, is amended by striking March 1998, and in March and inserting July 2014, and in July . (4) Evaluation and audit of National Transportation Safety Board Section 1138(a) of title 49, United States Code, is amended by striking at least annually, but may be conducted . (5) Briefings Section 20017(b)(6) of MAP–21 ( 49 U.S.C. 5324 note; 126 Stat. 706) is amended— (A) in subparagraph (A) by inserting after the Senate the following: and the Committee on Transportation and Infrastructure of the House of Representatives ; and (B) in subparagraph (B) by inserting after the Senate the following: and the Committee on Transportation and Infrastructure of the House of Representatives . 4. Paperless reports (a) Railway-Highway crossings annual report Section 130(g) of title 23, United States Code, is amended by striking the third sentence and inserting the following: The Secretary shall make available to the public on the Web site of the Department of Transportation, not later than April 1, 2014, and every 2 years thereafter, a report on the progress being made by the State in implementing projects to improve railway-highway crossings. . (b) National bridge and tunnel inventory report Section 144(d)(1)(B) of title 23, United States Code, is amended by striking submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and inserting make available to the public on the Web site of the Department of Transportation . (c) Surface transportation project delivery program report Section 327 of title 23, United States Code, is amended by striking subsection (i) and inserting the following: (i) Report The Secretary shall make available to the public on the Web site of the Department of Transportation an annual report that describes the administration of the program. . (d) Highway safety programs biennial report Section 402(n) of title 23, United States Code, is amended— (1) by striking to Congress in the subsection heading; and (2) in the matter preceding paragraph (1) by striking submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and inserting make available to the public on the Web site of the Department of Transportation a report . (e) In-Vehicle alcohol detection device research reports Section 403(h)(4) of title 23, United States Code, is amended by striking submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and Committee on Science, Space, and Technology of the House of Representatives and inserting make available to the public on the Web site of the Department of Transportation an annual report . (f) National ITS program plan reporting Section 512(b) of title 23, United States Code, is amended by striking submitted and all that follows through the period at the end and inserting made available to the public, and updated biennially, on the Web site of the Department of Transportation. . (g) Advisory committee report Section 515(h)(4) of title 23, United States Code, is amended— (1) by striking of each year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012, and inserting , 2014, and biennially thereafter, ; (2) by striking submit to Congress and inserting make available to the public on the Web site of the Department of Transportation ; and (3) in subparagraph (A) by striking calendar year and inserting 2 calendar years . (h) National ferry database update report Section 1801(e)(3) of SAFETEA–LU ( 23 U.S.C. 129 note) is amended by inserting and shall make any such modified report available to the public on the Web site of the Department before the period at the end. (i) High-Risk rural roads best practices report Section 1112(b)(2)(A) of MAP–21 ( 23 U.S.C. 148 note) is amended by striking submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and inserting make available to the public on the Web site of the Department . (j) Completion time assessment report Section 1323(a)(2) of MAP–21 (126 Stat. 553) is amended by striking submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and inserting make available to the public on the Web site of the Department . (k) Additional report Section 1323(b) of MAP–21 (126 Stat. 554) is amended by striking submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and inserting make available to the public on the Web site of the Department . December 19, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed	https://www.govinfo.gov/content/pkg/BILLS-113hr3628rh/xml/BILLS-113hr3628rh.xml
113-hr-3629	I 113th CONGRESS 1st Session H. R. 3629 IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. Franks of Arizona (for himself, Mr. Gene Green of Texas , Mr. Lamborn , Mr. McIntyre , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To affirm United States recognition of Israel’s sovereignty, security, and legal right to its lands, and for other purposes. 1. Short title This Act may be cited as the Israel Sovereignty and Security Recognition Act . 2. Findings Congress finds the following: (1) For more than 3,000 years, the Jewish People have maintained a continuous connection and presence in the Land of Israel and their eternal and indivisible capital city of Jerusalem. (2) In 1920, the legal title of the Jewish People to their homeland, including the present lands of the State of Israel, was affirmed and recognized under modern international law in the San Remo Resolution, and has not been subsequently abrogated by any binding legal instrumentality. (3) In 1922, the aforementioned act of international law was acknowledged by both chambers of the United States Congress via a joint resolution and signed by President Warren G. Harding. (4) In 1945, Article 80 of the United Nations charter recognized the continued validity of the rights granted to states or peoples which already existed under international instruments, including those of the Jewish People and their homeland. (5) On May 14, 1948, the Jewish national homeland declared its renewed independence and self-governance as the modern State of Israel, with the United States being the first country to offer recognition of Israel’s statehood. (6) From 1948 to 1967, Syria controlled the Golan Heights and used it as a military stronghold from which its troops routinely attacked Israeli civilians. (7) In 1967, the Golan Heights was restored to Israel after Israel was attacked by Syria during the conflict known as the Six Day War. Since then Israel has guaranteed the peace and safety of all who reside there. (8) The Golan Heights contains more than one-third of Israel’s water resources, and are vital and strategically indispensable to the security, well-being, and continued existence of the State of Israel, allowing Israel to detect and defend from infiltration, attacks, and hostilities that have historically originated and currently emanate from Syria. (9) From 1948 to 1967, Jerusalem was a divided city where persons of all faiths were precluded from freely worshiping or visiting their respective holy sites in the area controlled by Jordan. (10) In 1967, the city of Jerusalem was reunited after Israel was attacked by Jordan during the conflict known as the Six Day War. Since then Israel has guaranteed freedom of religion and full access to holy sites for people of all faiths. (11) Israel’s government and civil institutions, including the Knesset, the Bank of Israel, the Ministry of Foreign Affairs, the Prime Minister’s and President’s offices, and the Supreme Court, are all based in Jerusalem. (12) In 1990, Congress unanimously adopted Senate Concurrent Resolution 106, which declares that Congress strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic religious group are protected . (13) In 1995, Congress overwhelmingly approved the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ), requiring the establishment of the United States Embassy in Jerusalem by not later than May 31, 1999. (14) The United States Government maintains its embassy in the functioning capital of every country except in the State of Israel. (15) The United States Government owns property in Tel Aviv, where its embassy is presently located, that was acquired at a cost of $1.00 in 1957. (16) The United States Government maintains five Government locations in Jerusalem, totaling more than 40,000 square feet of building space and 14 acres of land. (17) The United States Government’s consular building located at 14 David Flusser Street in Jerusalem is an ideal location for the United States Embassy to Israel. The Department of State completed construction of the facility in 2010, and the six-acre site is under lease for 75 years. (18) Recognizing Israel’s sovereignty, security, and legal right to Jerusalem and the Golan Heights is consistent with the will of the overwhelming majority of Americans, and in this action the United States will send a much-needed signal of support for Israel, its security, and its rights under international law. 3. Sense of Congress It is the sense of Congress that— (1) the United States should recognize Israel’s sovereignty, security, and legal right to its lands, including the Golan Heights and the city of Jerusalem as the indivisible and eternal capital of the State of Israel; (2) transferring the United States Embassy from Tel Aviv to Jerusalem will send a much-needed signal of United States support for Israel, its security, and its rights under international law; and (3) the Secretary of State should— (A) without delay, transfer the United States Embassy in Tel Aviv, Israel, to 14 David Flusser Street, Jerusalem, Israel; and (B) take such actions as are necessary to either repurpose or sell at an appropriate market rate the United States Embassy in Tel Aviv, Israel, and, if the Embassy is sold, deposit in the Asset Management Account of the Department of State the proceeds from such sale. 4. Amendment to the Jerusalem Embassy Act of 1995 (a) Repeal Subject to subsection (b), section 7 of the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ) is repealed. (b) Effective date The repeal specified in subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3629ih/xml/BILLS-113hr3629ih.xml
113-hr-3630	I 113th CONGRESS 1st Session H. R. 3630 IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. Himes (for himself, Ms. Lee of California , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Armed Services , 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 establish a research program under the Congressionally Directed Medical Research Program of the Department of Defense to discover a cure for HIV/AIDS. 1. Short title This Act may be cited as the Cure for AIDS Act of 2013 . 2. Sense of Congress; findings (a) Sense of Congress It is the sense of Congress that— (1) finding a cure is essential to ending the AIDS epidemic in the United States and globally; (2) AIDS treatment has saved millions of lives and also makes it much less likely that HIV infection will be passed to a partner; (3) access to AIDS treatment in the United States and globally needs to continue to be expanded but AIDS treatment is not a cure and not the ultimate solution for the tens of millions of people living with HIV/AIDS; (4) the National Institutes of Health is the leading health research organization in the world and has dedicated millions of dollars to AIDS cure research; (5) to accelerate AIDS cure research and product development, it is becoming increasingly important to invest in areas that can complement the essential role of the National Institutes of Health; and (6) a cure will save hundreds of millions of dollars in spending and have a powerful positive economic impact globally. (b) Findings Congress finds the following: (1) It is estimated that in 2012 roughly 35,300,000 people were living with HIV/AIDS worldwide. (2) In the United States, 1,200,000 Americans are estimated to be infected with the virus. (3) Every 9.5 minutes, a citizen of the United States becomes infected with HIV. Roughly 2,700,000 individuals, including 390,000 children, became newly infected with HIV in 2010 alone. (4) In fiscal year 2012, the Federal Government spent $27,700,000,000 on HIV/AIDS, the largest component being services and treatment for people living with HIV/AIDS in the United States at a cost of $15,600,000,000. The average lifetime cost of HIV treatment is estimated to be $367,134 per person. (5) In the last two years, discoveries have led to growing optimism in the scientific community that a cure for AIDS can be found. The eradication of HIV from the body of one individual in Germany has led many scientific leaders to believe that curing AIDS is now possible. Leading researchers believe we are now at the cutting edge of scientific discovery for an AIDS cure with a range of novel approaches being explored, including stem cells, gene therapy, medications, and immune response modifications, such as therapeutic vaccines. 3. Establishment of HIV/AIDS Congressionally Directed Medical Research Program (a) Establishment of research program (1) In general The Secretary of Defense, acting through the Congressionally Directed Medical Research Program, shall establish and support an accelerated research program dedicated to the discovery of a cure for HIV/AIDS. (2) Administration The Secretary shall carry out the research program established under paragraph (1) in collaboration with— (A) the Director of the National Institutes of Health; (B) the Director of the National Institute of Allergy and Infectious Diseases; and (C) any head of a Federal agency that the Secretary determines appropriate. (b) Scope To provide the basis for developing a cure for HIV/AIDS, the Secretary shall ensure that research conducted under subsection (a)(1) is highly targeted to address the following scientific questions and priorities: (1) How HIV persists despite antiretroviral therapy. (2) Where HIV persists beyond the reach of antiretroviral therapy. (3) Whether ongoing attempts of the immune system to clear the infection actually hinders the ability of the medical community to cure infected individuals. (4) Why the immune system reduces but does not eliminate levels of the virus. (5) How to measure ultra-low levels of the virus in the body of an infected individual. (6) Identifying and testing interventions, such as drugs, that may eliminate the virus from infected individuals. (7) Identifying and testing interventions, such as vaccines, that may help an infected individual permanently control the virus without antiretroviral therapy. (c) Assistance by nonprofit entities (1) Coordination In carrying out the research program established under subsection (a)(1), the Secretary shall coordinate with at least one eligible nonprofit entity— (A) whose primary mission is ending the AIDS epidemic through innovative research; and (B) that has experience carrying out programs dedicated to AIDS cure research. (2) Responsibilities The Secretary shall ensure that the responsibilities of a nonprofit entity selected under paragraph (1) include partnering with the Secretary to establish research priorities for peer-reviewed funded research pursuant to subsection (b). (d) Annual reports In each annual report on the Congressionally Directed Medical Research Program that the Secretary submits to Congress, the Secretary shall include information on the progress of the research program established under subsection (a)(1). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018.	https://www.govinfo.gov/content/pkg/BILLS-113hr3630ih/xml/BILLS-113hr3630ih.xml
113-hr-3631	I 113th CONGRESS 1st Session H. R. 3631 IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. Hurt (for himself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Commissioner of Food and Drugs to waive or reduce certain fees applicable to generic drug facilities where the fees would present a significant barrier to market entry because of limited resources available to such facilities or other circumstances. 1. Short title This Act may be cited as the Small Manufacturer Protection Act of 2013 . 2. Waiver or reduction of certain fees applicable to generic drug facilities (a) In general Section 744B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42 ) is amended— (1) in subsection (b)(1)(B), by inserting , except as provided in subsection (c)(3), after fees under paragraphs (2) through (4) of subsection (a) shall ; and (2) in subsection (c), by adding at the end the following: (3) Fee waivers (A) Standard The Secretary shall grant to a person that owns a generic drug facility a waiver from or a reduction of one or more fees assessed to that person under subsection (a) where the Secretary finds that the assessment of the fee would present a significant barrier to market entry because of limited resources available to such person or other circumstances. (B) Considerations In determining whether to grant a waiver or reduction of a fee under subparagraph (A), the Secretary shall consider only the circumstances and assets of the person involved and any affiliate of the person. (C) Written requests To qualify for consideration for a waiver or reduction under subparagraph (A), a person shall submit to the Secretary a written request for such waiver or reduction not later than 180 days after the fee is due. (D) Definition In this paragraph, the term person that owns a generic drug facility means a person that owns a facility which is identified or intended to be identified in at least one generic drug submission that is pending or approved to produce one or more finished dosage forms of a human generic drug. . (b) Applicability The amendments made by this section apply with respect to fees authorized to be assessed and collected for any of fiscal years 2014 through 2017.	https://www.govinfo.gov/content/pkg/BILLS-113hr3631ih/xml/BILLS-113hr3631ih.xml
113-hr-3632	I 113th CONGRESS 1st Session H. R. 3632 IN THE HOUSE OF REPRESENTATIVES December 2, 2013 Mr. King of Iowa (for himself and Mr. Cotton ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reallocate Federal judgeships for the courts of appeals, and for other purposes. 1. Short title This Act may be cited as the Court Efficiency Act of 2013 . 2. Reallocation of Federal judgeships (a) In general The President shall appoint, by and with the advice and consent of the Senate— (1) 1 additional circuit judge for the second circuit court of appeals; and (2) 1 additional circuit judge for the eleventh circuit court of appeals. (b) Conforming amendment Section 44(a) of title 28, United States Code, is amended in the table— (1) in the item relating to the District of Columbia circuit court of appeals, by striking 11 and inserting 8 ; (2) in the item relating to the second circuit court of appeals, by striking 13 and inserting 14 ; and (3) in the item relating to the eleventh circuit court of appeals, by striking 12 and inserting 13 .	https://www.govinfo.gov/content/pkg/BILLS-113hr3632ih/xml/BILLS-113hr3632ih.xml
113-hr-3633	I 113th CONGRESS 1st Session H. R. 3633 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Walberg introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify that certain recipients of payments from the Federal Government related to the delivery of health care services to individuals shall not be treated as Federal contractors by the Office of Federal Contract Compliance Programs based on the work performed or actions taken by such individuals that resulted in the receipt of such payments. 1. Short title This Act may be cited as the Protecting Health Care Providers from Increased Administrative Burdens Act . 2. Non-Federal contractor status for entities receiving certain health care-related Federal payments A State, a local government, or other recipient that receives a payment from the Federal Government, directly or indirectly and regardless of reimbursement methodology, related to the delivery of health care services to individuals, whether or not such individuals are or have been employed by the Federal Government, shall not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs based on the work performed or actions taken by such individuals that resulted in the receipt of such payments.	https://www.govinfo.gov/content/pkg/BILLS-113hr3633ih/xml/BILLS-113hr3633ih.xml
113-hr-3634	I 113th CONGRESS 1st Session H. R. 3634 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Sean Patrick Maloney of New York (for himself, Mr. Rangel , Mr. Tonko , and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To make loans and loan guarantees under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 available for implementing positive train control systems, and for other purposes. 1. Short title This Act may be cited as the Commuter Rail Passenger Safety Act . 2. Positive train control systems Section 502(b)(1) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(b)(1) ), is amended— (1) in subparagraph (B), by striking or ; (2) in subparagraph (C), by striking facilities. and inserting facilities; or ; and (3) by adding at the end the following: (D) implement a positive train control system, as required by section 20157 of title 49, United States Code. . 3. Extension of railroad safety technology grants Section 20158(c) of title 49, United States Code, is amended— (1) by striking $50,000,000 and inserting $100,000,000 ; and (2) by striking 2009 through 2013 and inserting 2014 through 2018 .	https://www.govinfo.gov/content/pkg/BILLS-113hr3634ih/xml/BILLS-113hr3634ih.xml
113-hr-3635	I 113th CONGRESS 1st Session H. R. 3635 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Bentivolio introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To ensure the functionality and security of new Federal websites that collect personally identifiable information, and for other purposes. 1. Short title This Act may be cited as the Safe and Secure Federal Websites Act of 2013 . 2. Ensuring functionality and security of new Federal websites that collect personally identifiable information (a) Certification requirement (1) In general Except as otherwise provided under this subsection, an agency may not deploy or make available to the public a new Federal PII website until the date on which a certification under subsection (b)(2) is submitted to Congress that the website is fully functional and secure. (2) Transition In the case of a new Federal PII website that is operational on the date of the enactment of this Act, paragraph (1) shall not apply until the end of the 30-day period beginning on such date of enactment. If the certification under subsection (b)(2) for such website has not been submitted to Congress before the end of such period, the head of the responsible agency shall render the website inaccessible to the public until such certification is submitted to Congress. (3) Exception for beta website with explicit permission Paragraph (1) shall not apply to a website (or portion thereof) that is designed for testing and development purposes, if the following conditions are met: (A) A member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved. (B) No agency compelled, enjoined, or otherwise provided incentives for such a member to access the website for such purposes. (4) Construction Nothing in this section shall be construed as applying to a website that is operated entirely by an entity (such as a State or locality) that is independent of the Federal Government, regardless of the receipt of funding in support of such website from the Federal Government. (b) Process for study and certification of functionality and security of new Federal PII websites (1) GAO study and report (A) Study (i) Current websites Not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of each new Federal PII website that is operational as of such date of enactment to determine whether such website is fully functional and secure. (ii) Future websites Not later than 30 days after the date on which an advance notification is received under paragraph (3) for a new Federal PII website that is not operational as of such date of enactment, the Comptroller General shall conduct a study of such website to determine whether such website is fully functional and secure. (B) Report to appropriate congressional committees Upon the completion of a study of a website under subparagraph (A) or (C), the Comptroller General shall submit to the appropriate committees of Congress and the Chief Information Officer for the responsible agency a report on the results of the study. Such report shall include a determination of whether the website is fully functional and secure. (C) Followup studies and report If, based on the results of the most recent study under subparagraph (A) or this subparagraph, the Comptroller General determines that the website is not fully functional or not secure, the Comptroller General shall conduct an additional study (and submit a report described in subparagraph (B) on the results of such study) until the Comptroller General determines that the website is determined to be fully functional and secure. (2) Certification by CIO of responsible agency Upon the submission of a report under paragraph (1) that determines that a website operated by a responsible agency is fully functional and secure, the Chief Information Officer for such agency shall submit to Congress a certification of the results of such report and a certification as to whether the website is fully functional and secure. (3) Advance notification for operation of future websites Each agency that intends to operate a new Federal PII website on or after the date of the enactment of this Act shall notify the Comptroller General of such intention and provide to the Comptroller General, in advance of the website becoming operational, such information as the Comptroller General may require to conduct a study and perform an evaluation under this subsection. (c) Definitions In this section: (1) Agency The term agency has the meaning given that term under section 551 of title 5, United States Code. (2) Fully functional The term fully functional means, with respect to a new Federal PII website, that the website can fully support the activities for which it is designed or intended with regard to the eliciting, collection, or storage of personally identifiable information, including handling a volume of queries relating to such information commensurate with the purpose for which the website is designed. (3) New Federal PII website The term new Federal PII website means a website that— (A) is operated by (or under a contract with) an agency; (B) elicits, collects, or stores personally identifiable information of individuals and is accessible to the public; and (C) is first made accessible to the public and collects or stores personally identifiable information of individuals, on or after July 1, 2013. (4) Operational The term operational means, with respect to a website, that such website elicits, collects, or stores personally identifiable information of members of the public and is accessible to the public. (5) Personally identifiable information (PII) The terms personally identifiable information and PII mean any information that can be associated with one individual through a social security account number, taxpayer identification number, state identification number or other identifer, but does not include information (such as name, mailing or email address, telephone number, or similar contact information) necessary to contact an individual. (6) Responsible agency The term responsible agency means, with respect to a new Federal PII website, the agency that is responsible for the operation (whether directly or through contracts with other entities) of the website. (7) Secure The term secure means, with respect to a new Federal PII website, that the following requirements are met: (A) The website has security features that meet a standard acceptable for banking purposes and the responsible agency has a named overall security leader with a comprehensive, top-down view of the security posture for the website who has supervised a complete end-to-end security test. (B) The website ensures that personally identifiable information elicited, collected, or stored in connection with the website is captured at the latest possible step in a user input sequence. (C) The responsible agency for the website has taken reasonable efforts to minimize domain name confusion, including through additional domain registrations and a program to educate consumers how to spot fraudulent websites. (D) The responsible agency requires all personnel who have access to personally identifiable information in connection with the website to have completed a Standard Form 85P and signed a non-disclosure agreement with respect to personally identifiable information, and the agency takes proper precautions to ensure only trustworthy persons may access such information. (E) The responsible agency maintains (either directly or through contract) ample personnel to respond in a timely manner to issues relating to the proper functioning and security of the website, and to monitor on an ongoing basis existing and emerging security threats to the website. (8) State The term State means each State of the United States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe.	https://www.govinfo.gov/content/pkg/BILLS-113hr3635ih/xml/BILLS-113hr3635ih.xml
113-hr-3636	I 113th CONGRESS 1st Session H. R. 3636 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Blumenauer 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 excise tax on gasoline, diesel, and kerosene fuels. 1. Short title This Act may be cited as the Update, Promote, and Develop America’s Transportation Essentials Act of 2013 . 2. Findings; sense of Congress (a) Findings The Congress finds the following: (1) Since the passage of SAFETEA–LU, Congress has transferred over $50 billion from the General Fund to the Highway Trust Fund, in order to maintain solvency. (2) The Congressional Budget Office estimates after the end of Fiscal year 2014, annual General Fund transfers of approximately $15 billion will be necessary in order to maintain current Highway Trust Fund spending levels. (3) The Congressional Budget Office also estimates that in order to provide funding for surface transportation projects where the Federal benefit outweighs the cost, an additional $83 billion a year would need to be allocated to the Highway and Transit Trust Funds. (4) The American Society for Civil Engineers estimates that in order to meet our economic and transportation needs, the United States should invest at least an additional $500 billion in our surface transportation system by 2020. (5) The National Commission on Fiscal Reform and Responsibility report, often referred to as the Simpson-Bowles plan, includes a recommendation to raise the gas tax by fifteen cents. (6) The National Surface Transportation Infrastructure Financing Commission recommended, in their 2009 report, that Congress take action to prevent the Highway Trust Fund from becoming insolvent, and to avoid any reductions in infrastructure spending. The Commission also noted that a Federal funding system based on a vehicle miles traveled system, is the consensus choice for the future. (b) Sense of Congress regarding replacement of gas tax It is the sense of Congress that by 2024 the gas tax should be repealed and replaced with a more sustainable, stable funding source. 3. Tax on motor fuels (a) Gasoline other than aviation gasoline Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to read as follows: (i) in the case of gasoline other than aviation gasoline— (I) for tax imposed before 2014, 18.3 cents per gallon, (II) for tax imposed during 2014, 26.3 cents per gallon, (III) for tax imposed during 2015, 30.3 cents per gallon, and (IV) for tax imposed after 2015 and before 2025, 33.3 cents per gallon, . (b) Diesel fuel or kerosene Section 4081(a)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended to read as follows: (iii) in the case of diesel fuel or kerosene— (I) for tax imposed before 2014, 24.3 cents per gallon, (II) for tax imposed during 2014, 32.3 cents per gallon, (III) for tax imposed during 2015, 36.3 cents per gallon, and (IV) for tax imposed after 2015 and before 2025, 39.3 cents per gallon, . (c) Increase for inflation Paragraph (2) of section 4081(a) of such Code is amended by adding at the end the following: (E) Adjustment for inflation In the case of any calendar year beginning after 2016, the rates of tax contained in clauses (i)(IV) and (iii)(IV) of subparagraph (A) shall each be increased by an amount equal to— (i) such rate, multiplied by (ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2015 for calendar year 1992 in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest 0.1 cents. . (d) Diesel-Water fuel emulsion Section 4081(a)(2)(D) of the Internal Revenue Code of 1986 is amended by striking 19.7 cents for 24.3 cents and inserting a rate equal to 71 percent of the rate in effect under subparagraph (A) (without regard to this subparagraph) . (e) Termination Section 4081(d)(1) of the Internal Revenue Code of 1986 is amended by striking September 30, 2016 and inserting December 31, 2024 . (f) Effective date The amendments made by this section shall apply to fuels or liquids removed, entered, or sold after December 31, 2013. 4. Floor stocks tax (a) Imposition of tax In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (b) Liability for tax and method of payment (1) Liability for tax A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time of payment The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions For purposes of this section— (1) Held by a person A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid The term taxable liquid means diesel fuel and kerosene (other than aviation-grade kerosene). (3) Floor stocks date The term floor stocks tax date means any January 1 of any calendar year beginning after the date of the enactment of this Act on which a rate of tax under section 4041 or 4081 of such Code increases pursuant to an amendment made by section 2. (4) Secretary The term Secretary means the Secretary of the Treasury. (d) Exception for exempt uses The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of such Code is allowable for such use. (e) Exception for fuel held in vehicle tank No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for certain amounts of fuel (1) In general No tax shall be imposed by subsection (A) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups For purposes of this section— (A) Corporations (i) In general All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group The term controlled group has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase more than 50 percent shall be substituted for the phrase at least 80 percent each place it appears in such subsection. (B) Nonincorporated persons under common control Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where one or more of such persons is not a corporation. (g) Other laws applicable All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter.	https://www.govinfo.gov/content/pkg/BILLS-113hr3636ih/xml/BILLS-113hr3636ih.xml
113-hr-3637	I 113th CONGRESS 1st Session H. R. 3637 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Salmon (for himself, Mr. DesJarlais , Mr. Bishop of Utah , Mr. Huelskamp , Mr. Jordan , Mr. Bentivolio , Mr. Brooks of Alabama , Mr. Fleming , Mr. Cramer , Mr. Schweikert , Mr. King of Iowa , Mr. Perry , Mrs. Bachmann , Mr. Gohmert , Mr. LaMalfa , Mr. Price of Georgia , and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Labor-Management Reporting and Disclosure Act of 1959 to provide whistleblower protection for union employees. 1. Whistleblower protection for union employees The Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ) is amended— (1) by redesignating section 611 ( 29 U.S.C. 531 ) as section 612; and (2) by inserting after section 610 ( 29 U.S.C. 530 ), the following new section: 611. Whistleblower Protection for Union Employees (a) In general No labor organization shall terminate or in any other way discriminate against, or cause to be terminated or discriminated against, any covered employee of the labor organization by reason of the fact that such employee, whether at the initiative of the employee or in the ordinary course of the duties of the employee (or any person acting pursuant to a request of the employee), has— (1) provided, caused to be provided, or is about to provide or cause to be provided, information to the labor organization, the Department of Labor, or any other State, local, or Federal government authority or law enforcement agency relating to any violation of, or any act or omission that the employee reasonably believes to be a violation of, any provision of this Act or any other provision of law that is subject to the jurisdiction of the Department of Labor, the National Labor Relations Board, or any rule, order, standard, or prohibition prescribed by the Department of Labor or the National Labor Relations Board; (2) testified or will testify in any proceeding resulting from the administration or enforcement of any provision of this Act or any other provision of law that is subject to the jurisdiction of the Department of Labor or National Labor Relations Board, or any rule, order, standard, or prohibition prescribed by the Department of Labor or the National Labor Relations Board; (3) filed, instituted, or caused to be filed or instituted any proceeding under this Act; or (4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Department of Labor or the National Labor Relations Board. (b) Definition of Covered Employee For the purposes of this section, the term covered employee means any employee of a labor organization who receives financial compensation for his or her services to the labor organization, including officers of the labor organization. (c) Procedures and Timetables (1) Complaint (A) In general A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Such a complaint must be filed not later than either— (i) 180 days after the date on which such alleged violation occurs; or (ii) 180 days after the conclusion of any internal appeals, review, or other judicial or investigative process conducted by the labor organization employing such person. (B) Actions of secretary of labor Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person named in the complaint who is alleged to have committed the violation, of— (i) the filing of the complaint; (ii) the allegations contained in the complaint; (iii) the substance of evidence supporting the complaint; and (iv) opportunities that will be afforded to such person under paragraph (2). (2) Investigation by secretary of labor (A) In general Not later than 60 days after the date of receipt of a complaint filed under paragraph (1), and after affording the complainant and the person named in the complaint who is alleged to have committed the violation that is the basis for the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary of Labor to present statements from witnesses, the Secretary of Labor shall— (i) initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit; and (ii) notify the complainant and the person alleged to have committed the violation of subsection (a), in writing, of such determination. (B) Notice of relief available If the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary of Labor shall, together with the notice under subparagraph (A)(ii), issue a preliminary order providing the relief prescribed by paragraph (4)(B). (C) Request for hearing Not later than 30 days after the date of receipt of notification of a determination of the Secretary of Labor under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously, and if a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. (3) Grounds for determination of complaints (A) In general The Secretary of Labor shall dismiss a complaint filed under this subsection, and shall not conduct an investigation otherwise required under paragraph (2), unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. (B) Rebuttal evidence Notwithstanding a finding by the Secretary of Labor that the complainant has made the showing required under subparagraph (A), no investigation otherwise required under paragraph (2) shall be conducted, if the labor organization demonstrates, by clear and convincing evidence, that the labor organization would have taken the same unfavorable personnel action in the absence of that behavior. (C) Evidentiary standards The Secretary of Labor may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. Relief may not be ordered under subparagraph (A) if the labor organization demonstrates by clear and convincing evidence that the labor organization would have taken the same unfavorable personnel action in the absence of that behavior. (4) Issuance of final orders; review procedures (A) Timing Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. (B) Penalties (i) Order of secretary of labor If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person who committed such violation— (I) to take affirmative action to abate the violation; (II) to reinstate the complainant to his or her former position, together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and (III) to provide compensatory damages to the complainant. (ii) Penalty If an order is issued under clause (i), the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the order is issued, a sum equal to the aggregate amount of all costs and expenses (including attorney fees and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. (C) Penalty for frivolous claims If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing labor organization a reasonable attorney fee, not exceeding $1,000, to be paid by the complainant. (D) De novo review (i) Failure of the secretary to act If the Secretary of Labor has not issued a final order within 210 days after the date of filing of a complaint under this subsection, or within 90 days after the date of receipt of a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States having jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. (ii) Procedures A proceeding under clause (i) shall be governed by the same legal burdens of proof specified in paragraph (3). The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including— (I) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination; (II) the amount of back pay, with interest; and (III) compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (E) Other appeals Unless the complainant brings an action under subparagraph (D), any person adversely affected or aggrieved by a final order issued under subparagraph (A) may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation, not later than 60 days after the date of the issuance of the final order of the Secretary of Labor under subparagraph (A). Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. An order of the Secretary of Labor with respect to which review could have been obtained under this subparagraph shall not be subject to judicial review in any criminal or other civil proceeding. (5) Failure to comply with order (A) Actions by the secretary If any person has failed to comply with a final order issued under paragraph (4), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to have occurred, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including injunctive relief and compensatory damages. (B) Civil actions to compel compliance A person on whose behalf an order was issued under paragraph (4) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. (C) Award of costs authorized The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (D) Mandamus proceedings Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. (d) Limitation of preemption Nothing in this Act shall be construed— (1) to limit the ability of members of a labor organization to remove their elected or appointed officials through a democratic election conducted among such members; or (2) to preempt a State or local government from providing additional protections to employees of labor organizations who allege violations of subsection (a), provided that such protections do not limit the ability of members of a labor organization to remove their elected or appointed officials through a democratic ballot. (e) Unenforceability of certain agreements (1) No waiver of rights and remedies Notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements Notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3637ih/xml/BILLS-113hr3637ih.xml
113-hr-3638	I 113th CONGRESS 1st Session H. R. 3638 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Blumenauer introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure and 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 establish a Road Usage Fee Pilot Program to study mileage-based fee systems, and for other purposes. 1. Short title This Act may be cited as the Road Usage Fee Pilot Program Act of 2013 . 2. Findings Congress finds the following: (1) The 2009 report of the National Surface Transportation Infrastructure Financing Commission recommends a transition away from the fuel tax to a more stable funding source, noting that a mileage-based fee system is the consensus choice for policy leaders. (2) The 2008 report of the National Surface Transportation and Revenue Study Commission recommends further study of the implementation of mileage-based fee systems at the State level and of their compatibility with a national revenue system, noting that in the long run, a mileage-based fee system seems the most likely and appropriate method to be implemented. (3) According to the Congressional Budget Office, the revenue raised from the gas tax since its last increase in 1992 has lost over one-third of its purchasing power due to increasing fuel efficiency, changing transportation patterns, and inflation. (4) By 2030, the corporate average fuel economy standards will have reduced Highway Trust Fund receipts by more than 20 percent. (5) The fuel tax revenue mechanism results in some industries paying more than their commensurate road use. (6) Since 1990, while gas tax revenues have consistently decreased, the number of vehicle miles traveled nationally has consistently increased. 3. Road Usage Fee Pilot Program (a) Establishment The Secretary of the Treasury (in this Act referred to as the Secretary ) shall establish a competitive grant program to be known as the Road Usage Fee Pilot Program (in this Act referred to as the Program ) to make grants to eligible entities to— (1) conduct pilot studies of methods for recording and reporting the number of miles traveled by particular vehicles; (2) conduct pilot studies of payment, enforcement, and privacy protection methods for mileage-based fee systems; and (3) implement mileage-based fee systems in jurisdictions that have adopted a plan for such systems. (b) Application required To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Selection of pilot studies In awarding grants under the Program, the Secretary shall select pilot studies that, in combination, explore means to address the following concerns: (1) Protection of personal privacy. (2) Ease of public compliance. (3) Level of public acceptance. (4) Geographic and income equity. (5) Integration with State and local transportation revenue mechanisms. (6) Administrative issues. (7) Cost. (8) Enforcement issues. (9) Potential for fraud or evasion. (10) Feasibility of implementation. (d) Priority In awarding grants under the Program, the Secretary shall give priority to pilot studies that— (1) serve as a model for broad implementation of a mileage-based fee system; (2) address concerns of rural and urban user equity; (3) involve multistate projects; (4) have a high volume of enrolled vehicles; (5) integrate with State and local revenue systems; (6) integrate with local demand management plans; (7) are likely to lead to implementation of mileage-based fee systems, dependent on the results of the program; (8) integrate with other intelligent transportation system technologies; and (9) test the proposed revenue collection system by collecting and distributing revenue. (e) Required minimum funds for planning organizations In awarding grants under the Program, the Secretary shall ensure that not less than 10 percent of funds available under the Program in a fiscal year are reserved for pilot studies carried out in conjunction with metropolitan planning organizations or regional transportation planning organizations. (f) Cost sharing An eligible entity that receives a grant under this Act shall provide funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the entity to carry out the activities supported by the grant. 4. Working groups (a) Establishment The Secretary, in consultation with the Secretary of Transportation, shall establish the following working groups: (1) A technology and privacy working group that shall— (A) evaluate the technology platforms and standards used in the Program; (B) develop national technology standards and make recommendations to provide consistency in transportation data laws; and (C) balance the effectiveness of revenue systems with user privacy. (2) A transportation system and equity working group that shall evaluate the costs of collection and administration of methods studied in the Program and the success of such methods in achieving rural and urban user equity. (3) An environmental working group that shall evaluate the potential of the methods studied in the Program to manage demand and to reduce the emission of greenhouse gases. (b) Membership Each of the working groups established under subsection (a) shall be comprised of at least 1 member with relevant subject-matter experience in the private sector and at least 1 member with relevant subject-matter experience in the public sector. 5. Reports (a) Interim Report Not later than 2 years after the date of the first disbursement of funds under a grant under the Program, the Secretary shall submit to Congress an interim report describing the progress of the Program, the progress of the working groups established under section 4(a), and any data or results from the Program. (b) Final Report Not later than 4 years after the date of the first disbursement of funds under a grant under the Program, the Secretary shall submit to Congress a final report containing data and results from the Program, an analysis of the feasibility of each method studied to be used as a mileage-based fee system, and the evaluations done by the working groups established under section 4(a). 6. Definitions In this Act: (1) Eligible entity The term eligible entity means one or more of the following: (A) A State government or political subdivision thereof. (B) A local government or political subdivision thereof. (C) A metropolitan planning organization. (D) A regional transportation planning organization. (E) A tribal organization. (2) Metropolitan planning organization The term metropolitan planning organization has the meaning given that term in section 134(b) of title 23, United States Code. (3) Regional transportation planning organization The term regional transportation planning organization has the meaning given that term in section 134(b) of title 23, United States Code. 7. Authorization of Appropriations (a) Grant program There is authorized to be appropriated $30,000,000 to carry out section 3, to remain available until expended. (b) Working group and report There is authorized to be appropriated $2,500,000 to carry out section 4 and $2,500,000 to carry out section 5, to remain available until expended.	https://www.govinfo.gov/content/pkg/BILLS-113hr3638ih/xml/BILLS-113hr3638ih.xml
113-hr-3639	I 113th CONGRESS 1st Session H. R. 3639 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Bridenstine introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Ways and Means , Energy and Commerce , Agriculture , Oversight and Government Reform , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate sequestration for the security-related functions, to be offset through reductions in payments under Medicare, agricultural subsidies, federal retirement, and the application of chained CPI, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Provide for the Common Defense Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Elimination of sequestration for revised security category Sec. 101. Elimination of 251A reductions for revised security category in fiscal years 2014 and 2015. Title II—Offsetting Payment Changes Subtitle A—Medicare Sec. 201. Adjustments to calculation of Medicare part B and part D premiums for high-income beneficiaries. Sec. 202. Increase in part B deductible for new enrollees. Subtitle B—Agriculture Sec. 211. Cap on overall rate of return for crop insurance providers. Sec. 212. Cap on reimbursements for administrative and operating expenses of crop insurance providers. Sec. 213. Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation. Subtitle C—Federal Retirement Sec. 221. Retirement contributions. Sec. 222. Annuity supplement. Sec. 223. Use of Chained Consumer Price Index. Subtitle D—Chained CPI Sec. 231. Change in index used to calculate Social Security cost-of-living adjustments. I Elimination of sequestration for revised security category 101. Elimination of 251A reductions for revised security category in fiscal years 2014 and 2015 (a) Elimination of the adjustment under section 251A for fiscal years 2014 and 2015 Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended— (1) in paragraphs (7)(B) and (8), by striking On the date in each instance and inserting Subject to paragraph (12), on the date ; and (2) by adding at the end the following new paragraph: (12) No reductions for revised security category in fiscal years 2014 and 2015 Paragraphs (7)(B) and (8) shall have no force or effect for fiscal years 2014 and 2015 with respect to the revised security category. . (b) Discretionary spending limits for the revised security category in fiscal years 2014 and 2015 For purposes of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as modified by section 251A(2) of such Act), for fiscal years 2014 and 2015, the discretionary spending limit for the revised security category in each such fiscal year shall be $552,000,000,000 and $566,000,000,000, respectively. II Offsetting Payment Changes A Medicare 201. Adjustments to calculation of Medicare part B and part D premiums for high-income beneficiaries (a) Increase in applicable percentage used To calculate premiums Section 1839(i)(3)(C)(i) of the Social Security Act ( 42 U.S.C. 1395r(i)(3)(C)(i) ) is amended— (1) by inserting after In general.— the following: (I) Years before 2017 For calendar years prior to 2017: ; and (2) by adding at the end the following new subclause: (II) 2017 and subsequent years For calendar year 2017 and each subsequent calendar year: If the modified adjusted The applicable gross income is: percentage is: More than $85,000 but not more than $107,000 40 More than $107,000 but not more than $160,000 55 More than $160,000 but not more than $214,000 70 More than $214,000 90. . (b) Temporary adjustment to income thresholds used To calculate premiums (1) In general Section 1839(i)(6) of the Social Security Act ( 42 U.S.C. 1395r(i)(6) ) is amended in the matter preceding subparagraph (A) by striking December 31, 2019 and inserting December 31 of the year after 2019 that is the first year after the year in which at least 25 percent of individuals enrolled under this part are subject to a reduction under this subsection to the monthly amount of the premium subsidy applicable to the premium under this section. . (2) Application of inflation adjustment Section 1839(i)(5) of the Social Security Act ( 42 U.S.C. 1395r(i)(5) ) is amended— (A) in subparagraph (A), by striking In the case and inserting Subject to subparagraph (C), in the case ; and (B) by adding at the end the following new subparagraph: (C) Treatment of years after temporary adjustment period In applying subparagraph (A) for the first year beginning after the period described in paragraph (6) and for each subsequent year, the 12-month period ending with August 2006 described in clause (ii) of such subparagraph shall be deemed to be the 12-month period ending with August of the last year of such period described in paragraph (6). . 202. Increase in part B deductible for new enrollees Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended— (1) in the first sentence of subsection (b), by inserting (subject to subsection (z)) after for a subsequent year ; and (2) by adding at the end the following: (z) Higher deductible for new enrollees In the case of an individual who is not enrolled under this part before January 1, 2017, the amount of the deductible under subsection (b)— (1) for 2017 shall be the amount otherwise determined under such subsection for 2017 increased by $25; (2) for 2018 shall be the amount otherwise determined under such subsection for 2018, taking into account the application of the previous paragraph; (3) for 2019 shall be the amount otherwise determined under such subsection for 2019, taking into the application of the previous paragraphs, , increased by $25; (4) for 2020 shall be the amount otherwise determined under such subsection for 2020, taking into account the application of the previous paragraphs, increased by $25; (5) for 2021 shall be the amount otherwise determined under such subsection for 2021, taking into account the application of the previous paragraphs, increased by $25; and (6) for any subsequent year shall be the amount otherwise determined under such subsection for such year, taking into account the application of the previous paragraphs and this paragraph for previous years. . B Agriculture 211. Cap on overall rate of return for crop insurance providers Section 508(k) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k) ) is amended— (1) by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right); (2) by inserting before subparagraph (A) (as so designated) the following: (3) Risk ; and (3) by adding at the end the following new subparagraph: (B) Cap on overall rate of return The target rate of return for all the companies combined for the 2014 and subsequent reinsurance years shall be 12.8 percent of retained premium. . 212. Cap on reimbursements for administrative and operating expenses of crop insurance providers Section 508(k)(4) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4) ) is amended by adding at the end the following new subparagraph: (G) Additional cap on reimbursements Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2014 insurance year for all types of policies and plans of insurance shall not exceed $935,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement. . 213. Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation (a) Catastrophic risk protection Section 508(d)(2)(A) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2)(A) ) is amended by striking sufficient to cover anticipated losses and a reasonable reserve and inserting for all crops for which catastrophic risk protection coverage is available shall be reduced by the percentage equal to the difference between the average loss ratio for such crop and 100 percent, plus a reasonable reserve . (b) Additional coverage Section 508(e)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(2) ) is amended— (1) in subparagraph (B)(i), by striking 67 and inserting 64 ; (2) in subparagraph (C)(i), by striking 64 and inserting 61 ; (3) in subparagraph (D)(i), by striking 59 and inserting 56 ; and (4) in subparagraph (E)(i), by striking 55 and inserting 52 . (c) Enterprise and whole farm units Section 508(e)(5)(C) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5)(C) ) is amended by striking 80 and inserting 77 . (d) Area revenue plans Section 508(e)(6) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(6) ) is amended— (1) in subparagraph (A)(i), by striking 59 and inserting 56 ; and (2) in subparagraph (B)(i), by striking 55 and inserting 52 . (e) Area yield plans Section 508(e)(7) of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) is amended— (1) in subparagraph (A)(i), by striking 59 and inserting 56 ; (2) in subparagraph (B)(i), by striking 55 and inserting 52 ; and (3) in subparagraph (C)(i), by striking 51 and inserting 48 . (f) Effective date The amendments made by this section shall apply with respect to the first contract change date for a contract under the Federal Crop Insurance Act occurring after the date of the enactment of this Act. C Federal Retirement 221. Retirement contributions (a) Civil Service Retirement System (1) Individual contributions Section 8334(c) of title 5, United States Code, is amended— (A) by striking (c) Each and inserting (c)(1) Each ; and (B) by adding at the end the following: (2) Notwithstanding any other provision of this subsection, the applicable percentage of basic pay under this subsection for civilian service by an employee or Member shall, for purposes of computing an amount— (A) for a period in calendar year 2014, be equal to the applicable percentage under this subsection for calendar year 2013 plus an additional 0.4 percentage point; (B) for a period in calendar year 2015, be equal to the applicable percentage under this subsection for calendar year 2014 (as determined under subparagraph (A)) plus an additional 0.4 percentage point; (C) for a period in calendar year 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (B)) plus an additional 0.4 percentage point; and (D) for a period in any calendar year after 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (C)). (3) (A) Notwithstanding subsection (a)(2), any excess contributions under subsection (a)(1)(A) (including the portion of any deposit under this subsection allocable to excess contributions) shall, if made by an employee of the United States Postal Service or the Postal Regulatory Commission, be deposited to the credit of the Postal Service Fund under section 2003 of title 39, rather than the Civil Service Retirement and Disability Fund. (B) For purposes of this paragraph, the term excess contributions , as used with respect to contributions made under subsection (a)(1)(A) by an employee of the United States Postal Service or the Postal Regulatory Commission, means the amount by which— (i) deductions from basic pay of such employee which are made under subsection (a)(1)(A), exceed (ii) deductions from basic pay of such employee which would have been so made if paragraph (2) had not been enacted. . (2) Government contributions Section 8334(a)(1)(B) of title 5, United States Code, is amended— (A) in clause (i), by striking Except as provided in clause (ii), and inserting Except as provided in clause (ii) or (iii), ; and (B) by adding at the end the following: (iii) The amount to be contributed under clause (i) shall, with respect to a period in any year beginning after December 31, 2013, be equal to— (I) the amount which would otherwise apply under clause (i) with respect to such period, reduced by (II) the amount by which, with respect to such period, the withholding under subparagraph (A) exceeds the amount which would otherwise have been withheld from the basic pay of the employee or elected official involved under subparagraph (A) based on the percentage applicable under subsection (c) for calendar year 2013. . (b) Individual contributions under the Federal Employees’ Retirement System Section 8422(a)(3) of title 5, United States Code, is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: (B) Notwithstanding any other provision of this paragraph, the applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees shall— (i) for a period in calendar year 2014, be equal to the applicable percentage under this paragraph for calendar year 2013 plus an additional 0.4 percentage point; (ii) for a period in calendar year 2015, be equal to the applicable percentage under this paragraph for calendar year 2014 (as determined under clause (i)) plus an additional 0.4 percentage point; (iii) for a period in calendar year 2016, be equal to the applicable percentage under this paragraph for calendar year 2015 (as determined under clause (ii)) plus an additional 0.4 percentage point; and (iv) for a period in any calendar year after 2016, be equal to the applicable percentage under this paragraph for calendar year 2016 (as determined under clause (iii)). . 222. Annuity supplement Section 8421(a) of title 5, United States Code, is amended— (1) in paragraph (1), by striking paragraph (3) and inserting paragraphs (3) and (4) ; (2) in paragraph (2), by striking paragraph (3) and inserting paragraphs (3) and (4) ; and (3) by adding at the end the following: (4) No annuity supplement under this section shall be payable in the case of an individual who first becomes subject to this chapter after December 31, 2013. . 223. Use of Chained Consumer Price Index (a) In general Paragraph (15) of section 8331 of title 5, United States Code, is amended to read as follows: (15) the term price index means the Chained Consumer Price Index (all items-all urban consumers) published monthly by the Bureau of Labor Statistics; . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2015, and shall apply with respect to any cost-of-living adjustment taking effect under section 8340 or 8462 of title 5, United States Code, on or after that date. D Chained CPI 231. Change in index used to calculate Social Security cost-of-living adjustments (a) In general Section 215(i)(1) of the Social Security Act ( 42 U.S.C. 415(i)(1) ) is amended— (1) in subparagraph (G), by striking the period at the end and inserting ; and ; and (2) by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the Chained Consumer Price Index for All Urban Consumers (C–CPI–U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor). . (b) Application to pre-1979 law (1) In general Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended— (A) in subparagraph (C), by striking the period at the end and inserting ; and ; and (B) by adding at the end the following new subparagraph: (D) the term Consumer Price Index means the Chained Consumer Price Index for All Urban Consumers (C–CPI–U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor). . (2) Conforming change Section 215(i)(4) of the Social Security Act ( 42 U.S.C. 415(i)(4) ) is amended by inserting and by section 231 of the Provide for the Common Defense Act of 2013 after 1986 . (c) Effective date The amendments made by this section shall apply with respect to adjustments effective with or after December 2014.	https://www.govinfo.gov/content/pkg/BILLS-113hr3639ih/xml/BILLS-113hr3639ih.xml
113-hr-3640	I 113th CONGRESS 1st Session H. R. 3640 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase and make permanent the research credit. 1. Short title This Act may be cited as the Innovation, Research, and Manufacturing Act . 2. Research credit increased and made permanent (a) Credit amount increased by 50 percent Paragraphs (1), (2), and (3) of section 41(a) of the Internal Revenue Code of 1986 are each amended by striking 20 percent and inserting 30 percent . (b) Credit made permanent (1) In general Section 41 of such Code is amended by striking subsection (h). (2) Conforming amendments (A) Subsection (c) of section 41 of such Code is amended by striking paragraph (4). (B) Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Credit allowed against payroll taxes for small employers Section 41 of such Code, as amended by subsection (b), is amended by adding at the end the following new subsection: (h) Credit allowed against payroll taxes for small employers (1) In general In the case of an eligible small employer, so much of the credit determined under subsection (a) for the taxable year (determined without regard to this subsection) as does not exceed the payroll taxes paid by such employer for periods during such taxable year shall be treated for purposes of this title as a credit allowed under subpart C. (2) Coordination with research credit The amount determined under subsection (a) for any taxable year shall be reduced by the amount treated under paragraph (1) as a credit allowed under subpart C. (3) Eligible small employer For purposes of this subsection, the term eligible small employer means a small business concern within the meaning of section 3 of the Small Business Act. (4) Payroll taxes For purposes of this subsection, the term payroll taxes means— (A) any tax imposed under section 3111 or 3221(a), (B) so much of any tax imposed under section 3211(a) as relates to the rates of tax under subsections (a) and (b) of section 3111, and (C) 50 percent of any tax imposed under section 1401. . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Extension of credit The amendments made by subsection (b) shall apply to amounts paid or incurred after December 31, 2013.	https://www.govinfo.gov/content/pkg/BILLS-113hr3640ih/xml/BILLS-113hr3640ih.xml
113-hr-3641	I 113th CONGRESS 1st Session H. R. 3641 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure , Agriculture , and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require that the workforce of the Environmental Protection Agency be reduced by 15 percent. 1. Short title This Act may be cited as the EPA Maximum Achievable Contraction of Technocrats Act of 2013 . 2. Findings Congress finds as follows: (1) During the Government shutdown of 2013, the Environmental Protection Agency deemed 95 percent of its employees as “non essential”. (2) The Environmental Protection Agency occupies space in fourteen different buildings in the District of Columbia. (3) From 1972 until 2011, the number of Environmental Protection Agency employees increased by 107 percent while the number of total Federal personnel decreased by 15 percent. (4) In 2012, according to one study, complying with Environmental Protection Agency regulations cost the United States economy $353 billion. (5) Since 2008, according to the Federal Register, the Environmental Protection Agency has published and put into effect 2,313 rules. 3. Definitions For purposes of this Act— (1) the term Administrator means the Administrator of the Environmental Protection Agency; (2) the term employee has the meaning given such term by section 2105 of title 5, United States Code; (3) the term baseline date means the last day of the second month beginning on or after the date of the enactment of this Act; and (4) the term workforce reduction target date means the date occurring 3 years after the baseline date. 4. Mandatory workforce reduction (a) In general The Administrator shall take such actions as may be necessary to ensure that— (1) the total number of employees in the Environmental Protection Agency on the workforce reduction target date does not exceed (2) the total number of employees in the Environmental Protection Agency on the baseline date, reduced by 15 percent. (b) Reporting requirements In order to carry out this Act, the Administrator shall submit to Congress a written determination of— (1) the total number of employees in the Environmental Protection Agency on the baseline date, not later than 30 days after such date; and (2) the total number of employees in the Environmental Protection Agency on the workforce reduction target date, not later than 30 days after such date. (c) Extension authority (1) In general The Administrator may, if necessary because timely compliance with subsection (a) is impracticable, delay the deadline for compliance for a period not to exceed 1 year. (2) Notification If the authority under paragraph (1) is exercised, the Administrator shall submit a written report to Congress not later than 30 days after the date on which such authority is so exercised. Such report shall include— (A) notification that the authority under paragraph (1) has been exercised; (B) the reasons why the exercise of authority was necessary; and (C) the new deadline for compliance. (3) Final report Not later than 30 days after the date referred to in paragraph (2)(C), the Administrator shall submit to Congress— (A) a written determination of compliance with the limitation specified in subsection (a)(2), including the total number of employees in the Environmental Protection Agency as of the date referred to in paragraph (2)(C); or (B) a written determination of noncompliance with the limitation specified in subsection (a)(2), including the extent of and the reasons for the noncompliance.	https://www.govinfo.gov/content/pkg/BILLS-113hr3641ih/xml/BILLS-113hr3641ih.xml
113-hr-3642	I 113th CONGRESS 1st Session H. R. 3642 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Hastings of Florida (for himself, Mr. Conyers , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a commission to study employment and economic insecurity in the United States workforce. 1. Short title This Act may be cited as the National Commission on Employment and Economic Security Act . 2. Findings Congress finds the following: (1) Americans’ commitment to economic participation has been a defining feature of the cultural fabric of the United States, helping individuals feel positive about themselves, develop independence, and maintain hope for the future. (2) During the recession that began in December 2007, more than 8.7 million jobs were lost. The scope of the economic downturn was so large that its impact was felt almost everywhere along the economic spectrum, and continues to be felt in many communities across the Nation. (3) As Americans lose their jobs and their incomes shrink, too often, they also face the loss of their family’s health insurance and, subsequent to the loss of income, even their housing. (4) Research has shown that people who have experienced home-foreclosure are at risk for severe depressive symptoms and increased risk for mental illness. In a 2009 study from the American Journal of Public Health, more than 37 percent of people going through foreclosure met criteria for major depression . (5) The loss of a job and the subsequent loss of income, insurance, and other benefits from that job have been proven to not only lead to increased stress but also be substantial triggers for mental health disorders including depression and anxiety. (6) Calls to the National Suicide Prevention Lifeline increased by more than 72 percent from 2007 to 2010. (7) According to the Bureau of Labor Statistics, the unemployment rate hovered between 8.9 and 10 percent from April 2009 to October 2011, peaking at 10.0 percent in October 2009. By October 2009, the number of unemployed persons had reached nearly 15.4 million, and has yet to fall below 11 million. (8) The number of long-term unemployed workers (those jobless for 27 weeks or more) was 6.2 million in September 2011, an increase of 426 percent since the beginning of the recession in 2007. In August 2013, 4.3 million Americans were classified as long-term unemployed. (9) According to an American Psychological Association September 2010 report, money (76 percent), work (70 percent) and the economy (65 percent) remained the most frequently cited sources of stress for Americans at the height of the recession. A recent report from February 2013 found that even as the economy improves, these factors are relatively unchanged. Money (69 percent), work (65 percent), and the economy (61 percent) remain high sources of stress for Americans. (10) According to the same 2010 American Psychological Association report, job stability rose as a source of stress. Nearly half (49 percent) of adults reported that job stability was a source of stress in 2010, compared to 44 percent in 2009. During the same time period, fewer Americans were satisfied with the ways their employer helped them balance work and non-work demands (36 percent compared to 42 percent in 2009). (11) Research shows that time flexible work policies are associated with less stress, fewer absences from work, and more employer loyalty. (12) Since March 2010, 7.5 million private-sector jobs have been created in 42 straight months of job growth. During the same time period, the unemployment rate has fallen from 9.9 percent to 7.2 percent. The Congressional Budget Office projects that the unemployment rate will not fall below 6 percent until the end of 2016, and will remain above 5 percent through 2023. 3. Establishment of commission There is established a commission to be known as the National Commission on Employment and Economic Security . 4. Duties of commission The Commission shall— (1) examine the issues of economic and psychological insecurity of members of the United States workforce caused by employment displacement; (2) gather data on the relationship between psychological stress caused by employment insecurity and economic insecurity, the increase in mental health disorders including clinical depression and anxiety in the United States, and increased violence by employees and former employees in the workplace and in their private lives; (3) analyze the psychological impact of increased workplace responsibilities and stress on current workers due to downsizing, and the role of workplace flexibility policies in alleviating stress on these remaining workers; (4) examine the economic and psychological effects of the decreasing number of well-paid jobs on members of the United States workforce and their families; (5) analyze whether measures may be taken to reduce said economic and psychological effects; and (6) recommend potential solutions, including recommendations for legislative and administrative action, to alleviate the problems of economic and psychological insecurity of members of the United States workforce. 5. Membership of commission (a) Number and appointment The Commission shall be composed of 17 members, with expertise in research methods or statistics, who shall be appointed as follows: (1) Nine individuals appointed by the President, of which— (A) 2 members shall be individuals who represent labor organizations, as defined by section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ); (B) 2 members shall be individuals who represent business interests; (C) 2 members shall be individuals who represent mental health interests; and (D) 3 members shall be individuals who represent relevant Federal agencies. (2) Two individuals appointed by the Speaker of the House of Representatives. (3) Two individuals appointed by the minority leader of the House of Representatives. (4) Two individuals appointed by the majority leader of the Senate. (5) Two individuals appointed by the minority leader of the Senate. (b) Qualifications (1) In general Members shall be experts in the fields of labor, employment, economics, and psychology. (2) Political affiliation Political affiliation shall not be a factor in the appointment of members. (c) Deadline for appointment Each member shall be appointed to the Commission not later than 90 days after the date of enactment of this Act. (d) Terms Each member shall be appointed for the life of the Commission. (e) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic pay Members shall serve without pay. (g) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Chairperson (1) In general The Chairperson of the Commission shall be elected by the members not later than 30 days after the date on which all of the original members of the Commission have been appointed. (2) Presidential appointment If the members of the Commission are unable to elect the Chairperson in accordance with paragraph (1), the President shall appoint a member of the Commission to be the Chairperson. (j) Meetings The Commission shall meet at the call of the Chairperson. 6. Staff of commission (a) Staff The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of certain civil service laws The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of federal agencies Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 7. Powers of commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (d) Mail The Commission may use the United States mail in the same manner and under the same conditions as other Federal departments and agencies. (e) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Immunity The Commission is an agency of the United States for purpose of part V of title 18, United States Code (relating to immunity of witnesses). (g) Subpoena power (1) In general The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter described in paragraphs (1) through (3) of section 4. (2) Failure to obey an order or subpoena If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (h) Contract authority The Commission may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). 8. Report of commission Not later than 1 year after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission made pursuant to section 4. 9. Termination of commission (a) Termination The Commission shall terminate 60 days after the date of submission of the report pursuant to section 8. (b) Administrative activities before termination The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report. 10. Authorization of appropriations (a) In general There are authorized to be appropriated $2,000,000 for fiscal year 2012 for use in the development and implementation of plans under this Act. (b) Availability Amounts authorized to be appropriated by subsection (a) are authorized to remain available until expended.	https://www.govinfo.gov/content/pkg/BILLS-113hr3642ih/xml/BILLS-113hr3642ih.xml
113-hr-3643	I 113th CONGRESS 1st Session H. R. 3643 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Israel (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reauthorize the Undetectable Firearms Act of 1988 for 10 years and to close a loophole in the Act. 1. Short title This Act may be cited as the Undetectable Firearms Modernization Act of 2013 . 2. Amendments to prohibition on undetectable firearms (a) Extension of sunset provision Section 2(f)(2) of the Undetectable Firearms Act of 1988 ( Public Law 100–649 ; 18 U.S.C. 922 note) is amended in the matter preceding subparagraph (A) by striking 25 and inserting 35 . (b) Other amendments Section 922(p) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking grips, stocks, and magazines and inserting all parts other than major components ; and (B) in subparagraph (B), by striking when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate and inserting the following: if subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate ; (2) in paragraph (2)— (A) by striking subparagraph (B) and inserting the following: (B) the term major component , with respect to a firearm— (i) means the slide or cylinder, or the frame or receiver of the firearm; and (ii) in the case of a rifle or shotgun, includes the barrel of the firearm; and ; and (B) by striking subparagraph (C) and the proviso that follows and inserting the following: (C) the term Security Exemplar means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling a handgun; and (ii) suitable for testing and calibrating metal detectors. ; (3) in paragraph (3)— (A) in the first sentence, by inserting after of a firearm the following: , including a prototype, ; and (B) by striking the second sentence; and (4) in paragraph (5), by striking shall not apply to any firearm which and all that follows and inserting the following: “shall not apply to— (A) any firearm received by, in the possession of, or under the control of the United States; or (B) the manufacture, importation, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or licensed importer pursuant to an existing contract with the United States. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3643ih/xml/BILLS-113hr3643ih.xml
113-hr-3644	I 113th CONGRESS 1st Session H. R. 3644 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Budget and Appropriations , 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 rescind funds provided to certain Federal agencies if the improper payment rate for certain agency-administered programs has increased from the previous year, and for other purposes. 1. Short title This Act may be cited as the Eliminate Preventable Waste Act . 2. Reports on improper payments (a) In general Notwithstanding the requirements of section 2(a)(2) of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), not later than 90 days after the end of fiscal year 2014 and each fiscal year thereafter, the following agency heads shall perform the review required under section 2(a)(1) of such Act for the following programs, respectively: (1) Commissioner of the Social Security Administration— (A) the Supplemental Security Income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); and (B) the Old Age, Survivors, and Disability Insurance program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). (2) Secretary of Agriculture— (A) the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (B) the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (3) Secretary of Labor; State unemployment compensation programs approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. (4) Secretary of Health and Human Services— (A) Medicare fee-for-service (parts A and B of title XVIII of the Social Security Act ( 42 U.S.C. 1381 et seq. )); (B) Medicaid (title XIX of such Act), Medicare Advantage (part C of title XVIII of such Act); (C) Medicare prescription drug benefit (part D of title XVIII of such Act); and (D) the Child Care and Development Fund (section 5082 of subchapter C of Public Law 101–508 ). (5) Secretary of the Treasury; the Earned Income Tax Credit ( section 32 of the Internal Revenue Code of 1986). (6) Secretary of Veterans Affairs— (A) payments under section 607 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199 ) ; and (B) payments to non-Department facilities (as defined in section 1701(4) of title 38, United States Code) under the following: (i) section 1703 of such title (relating to hospital care and medical services provided to veterans in non-Department facilities); (ii) section 1725 of such title (relating to reimbursement to veterans for certain emergency treatment in non-Department facilities); (iii) section 1728 of such title (relating to reimbursement to veterans for certain treatment in non-Department facilities); (iv) section 8111 of such title (relating to the sharing of Department of Veterans Affairs and Department of Defense health-care resources); and (v) section 8153 of such title (relating to the sharing of health-care resources). (b) Budget submission Each agency head shall include in the applicable agency annual budget request to the Office of Management and Budget a report on the review required under subsection (a). (c) Sunset If a review under subsection (a) shows that the improper payment rate for any listed program is less than or equal to 0.00034 percent, this section shall no longer apply with respect to such program. 3. Amendment with respect to President’s budget submission (a) In general Section 1105(a) of title 31, United States Code, is amended by— (1) redesignating paragraph (37) (relating to the list of outdated or duplicative plans and reports) as paragraph (39); and (2) by adding at the end the following: (40) any report submitted to the Office of Management and Budget pursuant to section 2 of the Eliminate Preventable Waste Act. . (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 4. Rescission of funds (a) Reduction in error rates If any report submitted by an agency head required under section 2, as included in President’s budget under section 1105(a) of title 31, United States Code (as amended by section 2 of this Act), does not show, with respect to the relevant program listed in section 2(a), a decrease in the improper payment rate from the fiscal year immediately preceding the fiscal year covered by the report, a rescission under subsection (b) of certain funds made available to the applicable agency shall apply. (b) Rescission (1) In general On the day that the President submits such a budget, there is rescinded (if necessary) from the following accounts a percentage of such account equal to the percentage of the highest improper payment rate of the program listed in the report submitted by the relevant agency pursuant to section 2 and included in such agency’s budget: (A) Department of Agriculture, Agricultural Programs—Production, Process, and Marketing—Office of the Secretary . (B) Department of Health and Human Services, Department of Health and Human Services—Office of the Secretary . (C) Department of Labor, Department of Labor—Departmental Management—Salaries and Expenses . (D) Department of the Treasury, Department of the Treasury—Departmental Offices—Salaries and Expenses . (E) Social Security Administration, Social Security Administration—Limitation on Administrative Expenses . (F) Department of Veterans Affairs, Department of Veterans Affairs—Departmental Administration—General Administration . (2) Proportionate application Any rescission made under paragraph (1) shall be applied proportionately within each listed account to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the applicable fiscal year covering such account). (c) Report to Congress For each fiscal year beginning in fiscal year 2015, not later than the date on which President submits a budget under section 1105(a) of title 31, United States Code, each agency head listed in section 2(a) shall submit to Congress any report required by section 2 of this Act. (d) Effective date This section shall take effect on October 1, 2014.	https://www.govinfo.gov/content/pkg/BILLS-113hr3644ih/xml/BILLS-113hr3644ih.xml
113-hr-3645	I 113th CONGRESS 1st Session H. R. 3645 IN THE HOUSE OF REPRESENTATIVES December 3, 2013 Ms. Kuster introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Comptroller General of the United States to submit a legislative proposal to Congress to reorganize executive branch agencies, and for other purposes. 1. Short title This Act may be cited as the Executive Agency Simplification and Efficiency Act or the EASE Act . 2. Requirement for Comptroller General to submit legislative proposal to reorganize executive branch agencies (a) Legislative proposal requirement The Comptroller General of the United States shall submit one legislative proposal to Congress, with a copy transmitted to the President at the same time, to reorganize executive branch agencies in order to achieve the following: (1) A decrease in the total number of Federal agencies that promote American competitiveness, exports, and businesses, in order to improve and simplify support and services for American businesses. (2) Cost savings in the performance by the Federal Government of support and services for American businesses. (b) Deadline The Comptroller General shall submit the legislative proposal required by subsection (a) not later than one year after the date of the enactment of this Act. (c) Agency defined In this Act, the term agency has the meaning provided in section 551(1) of title 5, United States Code. 3. Expedited congressional consideration of GAO legislative proposal (a) Definition In this section, the term bill means only a bill that implements the legislative proposal submitted to Congress under section 2(a) and that is introduced within the 90-day period beginning on the date on which the Comptroller General submits the legislative proposal to Congress under section 2(a). (b) Referral A bill described in subsection (a) that is introduced in the House of Representatives shall be referred to the committee with jurisdiction over the subject matter concerned. A bill described in subsection (a) introduced in the Senate shall be referred to the committee with jurisdiction over the subject matter concerned. An amendment to the bill is not in order in the committee in either House. (c) Discharge If the committee to which a bill described in subsection (a) is referred has not reported such a bill (or an identical bill) by the end of the 20-day period beginning on the date on which the Comptroller General submits the proposal to the Congress under section 2, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a bill described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a bill described in subsection (a) shall be decided without debate. (e) Consideration by other house (1) If, before the passage by one House of a bill of that House described in subsection (a), that House receives from the other House a bill described in subsection (a), then the following procedures shall apply: (A) The bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a bill described in subsection (a) of the House receiving the bill— (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (f) Computation of period For purposes of subsections (a) and (c), the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. (g) Rules of the senate and house This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.	https://www.govinfo.gov/content/pkg/BILLS-113hr3645ih/xml/BILLS-113hr3645ih.xml
113-hr-3646	I 113th CONGRESS 1st Session H. R. 3646 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Jeffries (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of the Army to give priority to projects and studies for hurricane and storm damage risk reduction, and for other purposes. 1. Short title This Act may be cited as the Extreme Weather Mitigation Act of 2013 . 2. Hurricane and storm damage risk reduction prioritization (a) Purposes The purposes of this Act are— (1) to provide adequate levels of protection to communities impacted by natural disasters, including hurricanes, tropical storms, and other related extreme weather events; and (2) to expedite critical water resources projects in communities that have historically been and continue to remain susceptible to extreme weather events. (b) Priority For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary of the Army shall give funding priority to projects and ongoing studies that— (1) address an imminent threat to life and property; (2) prevent storm surge from inundating populated areas; (3) prevent the loss of coastal wetlands that help reduce the impact of storm surge; (4) protect emergency hurricane evacuation routes or shelters; (5) prevent adverse impacts to publicly owned or funded infrastructure and assets; (6) minimize disaster relief costs to the Federal Government; and (7) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (c) Expedited consideration of currently authorized projects Not later than 180 days after the date of enactment of this Act, the Secretary shall— (1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all— (A) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost share agreements and have received Federal funds since 2009; and (B) authorized hurricane and storm damage reduction projects that— (i) have been authorized for more than 20 years but are less than 75 percent complete; or (ii) are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report; (2) identify those projects on the list required under paragraph (1) that meet the criteria described in subsection (b); and (3) provide a plan for expeditiously completing the projects identified under paragraph (2), subject to available funding. (d) Prioritization of new studies for hurricane and storm damage risk reduction In selecting new studies for hurricane and storm damage reduction to propose to Congress, the Secretary shall give priority to studies— (1) that— (A) have been recommended in a comprehensive hurricane protection study carried out by the Corps of Engineers; or (B) are included in a State plan or program for hurricane, storm damage reduction, flood control, coastal protection, conservation, or restoration that is created in consultation with the Corps of Engineers or other relevant Federal agencies; and (2) for areas for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).	https://www.govinfo.gov/content/pkg/BILLS-113hr3646ih/xml/BILLS-113hr3646ih.xml
113-hr-3647	I 113th CONGRESS 1st Session H. R. 3647 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the provision of guide dogs to veterans blinded by a service-connected injury. 1. Provision of guide dogs to certain blind veterans (a) In general Subsection (b) of section 1714 of title 38, United States Code, is amended to read as follows: (b) (1) The Secretary shall provide guide dogs trained for the aid of the blind to a veteran who— (A) is blind by reason of a service-connected injury; (B) is enrolled under section 1705 of this title; and (C) elects to receive such a dog. (2) The Secretary may provide guide dogs trained for the aid of the blind to a veteran who is— (A) enrolled under section 1705 of this title; and (B) not otherwise described under paragraph (1)(A). (3) The Secretary may also provide a veteran described in paragraph (1) or (2) with mechanical or electronic equipment for aiding them in overcoming the disability of blindness. . (b) Conforming amendment Section 1714(d) of such title is amended by striking subsection (b) or (c) and inserting paragraph (1) or (2) of subsection (b) or subsection (c) . (c) Effective date The amendments made by this section shall take effect on the date that is 60 days after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr3647ih/xml/BILLS-113hr3647ih.xml
113-hr-3648	I 113th CONGRESS 1st Session H. R. 3648 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow the work opportunity credit to small businesses which hire individuals who are members of the Ready Reserve or National Guard, and for other purposes. 1. Short title This Act may be cited as the Hire A Hero Act of 2013 . 2. Work opportunity credit to small businesses for hiring members of Ready Reserve or National Guard (a) In general Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) in the case of an eligible employer (as defined in section 408(p)(2)(C)(i)), an individual who is a member of— (i) the Ready Reserve (as described in section 10142 of title 10, United States Code), or (ii) the National Guard (as defined in section 101(c)(1) of such title 10). . (b) Effective date (1) In general The amendment made by this section shall apply to wages paid or incurred after the date of the enactment of this Act in taxable years ending after such date. (2) Current employees covered by credit For purposes of applying section 51 of the Internal Revenue Code of 1986, individuals described in section 51(d)(1)(J) of such Code, as added by this section, who are employed by an eligible employer (as defined in section 408(p)(2)(C)(i) of such Code) on the date of the enactment of this Act shall be treated as beginning work for such employer on such date. 3. Permanent extension of work opportunity credit for employers hiring qualified veterans and members of Ready Reserve and National Guard (a) In general Section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting (other than any individual described in subparagraph (B) or (J) of subsection (d)(1)) after individual . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013.	https://www.govinfo.gov/content/pkg/BILLS-113hr3648ih/xml/BILLS-113hr3648ih.xml
113-hr-3649	I 113th CONGRESS 1st Session H. R. 3649 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mrs. Bustos introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow the work opportunity credit for hiring individuals who are veterans or members of the Ready Reserve or National Guard, to make permanent the work opportunity credit, and to expand and make permanent the employer wage credit for employees who are active duty members of the uniformed services. 1. Short title This Act may be cited as the Jobs for Heroes Act . 2. Work opportunity credit for hiring veterans and members of Ready Reserve or National Guard (a) Expansion of veterans eligible for credit (1) In general Section 51(d)(3) of the Internal Revenue Code of 1986 is amended to read as follows: (3) Qualified veteran The term qualified veteran means any individual who is certified by the designated local agency as— (A) (i) having served on active duty (other than active duty for training) in the Armed Forces of the United States for a period of more than 180 days, or (ii) having been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability, and (B) not having any day during the 60-day period ending on the hiring date which was a day of extended active duty in the Armed Forces of the United States. For purposes of subparagraph (B), the term extended active duty means a period of more than 90 days during which the individual was on active duty (other than active duty for training). . (2) Conforming amendments (A) Section 51(b) of such Code is amended by adding at the end the following new paragraphs: (4) Certain veterans (A) A veteran is described in this subparagraph if such veteran is certified by the designated local agency as— (i) entitled to compensation for a service-connected disability, and (ii) having a hiring date which is not more than 1 year after having been discharged or released from active duty in the Armed Forces of the United States. (B) A veteran is described in this subparagraph if such veteran is certified by the designated local agency as having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. (C) A veteran is described in this subparagraph if such veteran is certified by the designated local agency as— (i) entitled to compensation for a service-connected disability, and (ii) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. (5) Service-connected; compensation For purposes of paragraph (4), the terms compensation and service-connected have the meanings given such terms under section 101 of title 38, United States Code. . (B) Section 51(b)(3) of such Code is amended— (i) by striking subsection (d)(3)(A)(ii)(I) and inserting paragraph (4)(A) , (ii) by striking subsection (d)(3)(A)(iv) and inserting paragraph (4)(B) , and (iii) by striking subsection (d)(3)(A)(ii)(II) and inserting paragraph (4)(C) . (b) Application of credit to members of Ready Reserve and National Guard (1) In general Section 51(d)(1) of such Code is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) a qualified member of the Ready Reserve or National Guard. . (2) Qualified member of the Ready Reserve or National Guard Section 51(d) of such Code is amended by striking paragraph (14), by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Qualified member of the Ready Reserve or National Guard The term qualified member of the Ready Reserve or National Guard means any individual who is certified by the designated local agency as being a member of— (A) the Ready Reserve (as described in section 10142 of title 10, United States Code), or (B) the National Guard (as defined in section 101(c)(1) of such title 10). . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 3. Work opportunity credit made permanent (a) In general Section 51(c) of the Internal Revenue Code of 1986 is amended by striking paragraphs (4) and (5). (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. 4. Employer wage credit for employees who are active duty members of the uniformed services expanded and made permanent (a) Credit allowable to all employers without regard to size (1) In general Section 45P(b)(3)(A) of the Internal Revenue Code of 1986 is amended by striking any employer which and all that follows through under a written plan and inserting any employer which, under a written plan . (2) Conforming amendments (A) Subsections (a) and (b)(3)(A) of section 45P of such Code are each amended by striking eligible small business employer and inserting eligible employer . (B) Section 45P(b)(3) of such Code is amended by striking eligible small business employer in the heading thereof and inserting eligible employer . (b) Credit made permanent Section 45P of such Code is amended by striking subsection (f). (c) Effective date The amendments made by this section shall apply to payments made after December 31, 2013.	https://www.govinfo.gov/content/pkg/BILLS-113hr3649ih/xml/BILLS-113hr3649ih.xml
113-hr-3650	I 113th CONGRESS 1st Session H. R. 3650 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Crowley (for himself, Ms. Meng , Ms. Schakowsky , Mr. Quigley , Mr. Himes , Mr. Meeks , Mr. Israel , and Mr. Sires ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to prohibit the operation of certain aircraft not complying with stage 4 noise levels, and for other purposes. 1. Short title This Act may be cited as the Silent Skies Act of 2013 . 2. Findings Congress finds that— (1) aircraft and airport noise is one of the most common quality of life nuisance issues in neighborhoods throughout the United States; and (2) the stage 4 aircraft noise certification standard became applicable to new type design aircraft in 2006 pursuant to an agreement signed by the International Civil Aviation Organization, of which the United States is a member. 3. Aircraft noise reduction technology research, development, and implementation partnership (a) Cooperative agreement Subchapter I of chapter 475 of title 49, United States Code, is amended by adding at the end the following: 47511. Aircraft noise reduction technology research, development, and implementation partnership (a) In general The Administrator of the Federal Aviation Administration shall enter into a cooperative agreement, using a competitive process, with an institution, entity, or consortium to carry out a program for the development, maturing, and certification of aircraft technology that will assist in-service and in-production civil turbojets that have noise levels greater than the levels specified in stage 4 noise standards in complying with such noise standards, as required under subchapter II of this chapter, or more stringent noise standards. (b) Terms and conditions The Administrator may include in a cooperative agreement entered into under this section terms and conditions requiring a recipient of funds under the cooperative agreement— (1) to conduct activities under the cooperative agreement on a cost-shared basis, using Federal and non-Federal funds; and (2) to make repayments to the United States of all or a portion of the amounts received by the recipient under the cooperative agreement, if an aircraft technology developed under the cooperative agreement results in revenues for the recipient. (c) Funding Of amounts appropriated under section 48102(a), not more than $10,000,000 for each of fiscal years 2014, 2015, and 2016 may be used to carry out this section. (d) Report Beginning in fiscal year 2014, the Administrator shall publish an annual report on the program established under this section until completion of the program. . (b) Clerical amendment The analysis for such subchapter is amended by adding at the end the following: 47511. Aircraft noise reduction technology research, development, and implementation partnership. . 4. Prohibition on operating certain aircraft not complying with stage 4 noise levels (a) In general Subchapter II of chapter 475 of title 49, United States Code, is amended by adding at the end the following: 47535. Limitation on operating certain aircraft not complying with stage 4 noise levels (a) Regulations Not later than December 3, 2015, the Secretary of Transportation, in consultation with the International Civil Aviation Organization, shall issue regulations to establish minimum standards for civil turbojets to comply with stage 4 noise levels. (b) General rule The Secretary shall issue regulations to ensure that, except as provided in section 47529— (1) 25 percent of the civil turbojets with a maximum weight of more than 75,000 pounds operating after December 31, 2020, to or from airports in the United States comply with the stage 4 noise levels established under subsection (a); (2) 50 percent of such turbojets operating after December 31, 2025, to or from airports in the United States comply with the stage 4 noise levels; (3) 75 percent of such turbojets operating after December 31, 2030, to or from airports in the United States comply with the stage 4 noise levels; and (4) 100 percent of such turbojets operating after December 31, 2035, to or from airports in the United States comply with the stage 4 noise levels. (c) Foreign-Flag aircraft (1) International standards The Secretary shall request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft that do not comply with stage 4 noise levels. (2) Enforcement The Secretary shall enforce the requirements of this section with respect to foreign-flag aircraft only to the extent that such enforcement is consistent with United States obligations under international agreements. (d) Annual report Beginning with calendar year 2016— (1) each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations issued to carry out this section; and (2) the Secretary shall submit to Congress an annual report on the progress being made toward that compliance. (e) Recertification not required (1) Limitation on statutory construction Nothing in this section may be construed to require the recertification of a civil turbojet that has been retrofitted to comply with or otherwise already meets the stage 4 noise levels established under subsection (a). (2) Means of demonstrating compliance with stage 4 noise levels The Secretary shall specify means for demonstrating that an aircraft complies with stage 4 noise levels without requiring recertification. . (b) Nonaddition rule (1) In general Section 47529 of such title is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking subsonic ; and (II) by striking November 4, 1990 and inserting December 31, 2018 ; (ii) in paragraph (1) by striking stage 3 and inserting stage 4 ; and (iii) in paragraph (2) by striking November 5, 1990 and inserting January 1, 2019 ; (B) in subsection (b) by striking stage 3 and inserting stage 4 ; and (C) in subsection (c)(1) by striking November 5, 1990 and inserting January 1, 2019 . (2) Effective date The amendments made by this subsection take effect on December 31, 2018. (c) Conforming amendments (1) In general Chapter 475 of such title is amended— (A) in the chapter analysis— (i) by striking the item relating to section 47530 and inserting the following: 47530. Nonapplication of certain requirements to aircraft outside the 48 contiguous States. ; and (ii) by adding at the end the following: 47535. Nonapplication of certain requirements to aircraft outside the 48 contiguous States. ; (B) in section 47530— (i) by striking the section designation and heading and inserting the following: 47530. Nonapplication of certain requirements to aircraft outside the 48 contiguous States ; (ii) by striking and 47529 and inserting , 47529, and 47535 ; (iii) by striking subsonic ; (iv) by striking November 4, 1990 and inserting December 31, 2018 ; and (v) by striking stage 3 and inserting stage 4 ; and (C) in section 47531 by striking or 47534 and inserting 47534, or 47535 . (2) Effective date The amendments made by clauses (iii), (iv), and (v) of paragraph (1)(B) take effect on December 31, 2018.	https://www.govinfo.gov/content/pkg/BILLS-113hr3650ih/xml/BILLS-113hr3650ih.xml
113-hr-3651	I 113th CONGRESS 1st Session H. R. 3651 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Hastings of Florida (for himself, Mr. Conyers , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a commission to study employment and economic insecurity in the United States workforce. 1. Short title This Act may be cited as the National Commission on Employment and Economic Security Act . 2. Findings Congress finds the following: (1) Americans’ commitment to economic participation has been a defining feature of the cultural fabric of the United States, helping individuals feel positive about themselves, develop independence, and maintain hope for the future. (2) During the recession that began in December 2007, more than 8.7 million jobs were lost. The scope of the economic downturn was so large that its impact was felt almost everywhere along the economic spectrum, and continues to be felt in many communities across the Nation. (3) As Americans lose their jobs and their incomes shrink, too often, they also face the loss of their family’s health insurance and, subsequent to the loss of income, even their housing. (4) Research has shown that people who have experienced home foreclosure are at risk for severe depressive symptoms and increased risk for mental illness. In a 2009 study from the American Journal of Public Health, more than 37 percent of people going through foreclosure met criteria for major depression . (5) The loss of a job and the subsequent loss of income, insurance, and other benefits from that job have been proven to not only lead to increased stress but also be substantial triggers for mental health disorders including depression and anxiety. (6) Calls to the National Suicide Prevention Lifeline increased by more than 72 percent from 2007 to 2010. (7) According to the Bureau of Labor Statistics, the unemployment rate hovered between 8.9 and 10 percent from April 2009 to October 2011, peaking at 10.0 percent in October 2009. By October 2009, the number of unemployed persons had reached nearly 15.4 million, and has yet to fall below 11 million. (8) The number of long-term unemployed workers (those jobless for 27 weeks or more) was 6.2 million in September 2011, an increase of 426 percent since the beginning of the recession in 2007. In August 2013, 4.3 million Americans were classified as long-term unemployed. (9) According to an American Psychological Association September 2010 report, money (76 percent), work (70 percent) and the economy (65 percent) remained the most frequently cited sources of stress for Americans at the height of the recession. A recent report from February 2013 found that even as the economy improves, these factors are relatively unchanged. Money (69 percent), work (65 percent), and the economy (61 percent) remain high sources of stress for Americans. (10) According to the same 2010 American Psychological Association report, job stability rose as a source of stress. Nearly half (49 percent) of adults reported that job stability was a source of stress in 2010, compared to 44 percent in 2009. During the same time period, fewer Americans were satisfied with the ways their employer helped them balance work and non-work demands (36 percent compared to 42 percent in 2009). (11) Research shows that time flexible work policies are associated with less stress, fewer absences from work, and more employer loyalty. (12) Between March 2010 and October 2013, there were 45 months of consistent job growth, with 7.8 million jobs created. During the same time period, the unemployment rate has fallen from 9.9 percent to 7.2 percent. The Congressional Budget Office projects that the unemployment rate will not fall below 6 percent until the end of 2016, and will remain above 5 percent through 2023. 3. Establishment of commission There is established a commission to be known as the National Commission on Employment and Economic Security . 4. Duties of commission The Commission shall— (1) examine the issues of economic and psychological insecurity of members of the United States workforce caused by employment displacement; (2) gather data on the relationship between psychological stress caused by employment insecurity and economic insecurity, the increase in mental health disorders including clinical depression and anxiety in the United States, and increased violence by employees and former employees in the workplace and in their private lives; (3) analyze the psychological impact of increased workplace responsibilities and stress on current workers due to downsizing, and the role of workplace flexibility policies in alleviating stress on these remaining workers; (4) examine the economic and psychological effects of the decreasing number of well-paid jobs on members of the United States workforce and their families; (5) analyze whether measures may be taken to reduce said economic and psychological effects; and (6) recommend potential solutions, including recommendations for legislative and administrative action, to alleviate the problems of economic and psychological insecurity of members of the United States workforce. 5. Membership of commission (a) Number and appointment The Commission shall be composed of 17 members, with expertise in research methods or statistics, who shall be appointed as follows: (1) 9 individuals appointed by the President, of which— (A) 2 members shall be individuals who represent labor organizations, as defined by section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ); (B) 2 members shall be individuals who represent business interests; (C) 2 members shall be individuals who represent mental health interests; and (D) 3 members shall be individuals who represent relevant Federal agencies. (2) 2 individuals appointed by the Speaker of the House of Representatives. (3) 2 individuals appointed by the minority leader of the House of Representatives. (4) 2 individuals appointed by the majority leader of the Senate. (5) 2 individuals appointed by the minority leader of the Senate. (b) Qualifications (1) In general Members shall be experts in the fields of labor, employment, economics, and psychology. (2) Political affiliation Political affiliation shall not be a factor in the appointment of members. (c) Deadline for appointment Each member shall be appointed to the Commission not later than 90 days after the date of enactment of this Act. (d) Terms Each member shall be appointed for the life of the Commission. (e) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic pay Members shall serve without pay. (g) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Chairperson (1) In general The Chairperson of the Commission shall be elected by the members not later than 30 days after the date on which all of the original members of the Commission have been appointed. (2) Presidential appointment If the members of the Commission are unable to elect the Chairperson in accordance with paragraph (1), the President shall appoint a member of the Commission to be the Chairperson. (j) Meetings The Commission shall meet at the call of the Chairperson. 6. Staff of commission (a) Staff The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of certain civil service laws The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of federal agencies Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 7. Powers of commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (d) Mail The Commission may use the United States mail in the same manner and under the same conditions as other Federal departments and agencies. (e) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Immunity The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (g) Subpoena power (1) In general The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter described in paragraphs (1) through (3) of section 4. (2) Failure to obey an order or subpoena If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (h) Contract authority The Commission may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). 8. Report of commission Not later than 1 year after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission made pursuant to section 4. 9. Termination of commission (a) Termination The Commission shall terminate 60 days after the date of submission of the report pursuant to section 8. (b) Administrative activities before termination The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report. 10. Authorization of appropriations (a) In general There are authorized to be appropriated $2,000,000 for fiscal year 2014 for use in the development and implementation of plans under this Act. (b) Availability Amounts authorized to be appropriated by subsection (a) are authorized to remain available until expended.	https://www.govinfo.gov/content/pkg/BILLS-113hr3651ih/xml/BILLS-113hr3651ih.xml
113-hr-3652	I 113th CONGRESS 1st Session H. R. 3652 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Holding introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for penalties for aggravated identity theft facilitated by employment at an agency implementing the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the No Identity Theft in Health Care Act of 2013 . 2. Certain healthcare-related offenses Section 1028A of title 18, United States Code, is amended by inserting after paragraph (2): (3) Certain healthcare-related offenses Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person, if that transfer, possession, or use was facilitated by being an officer or employee of the United States or of any department or agency thereof charged with the implementation of the Patient Protection and Affordable Care Act, shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3652ih/xml/BILLS-113hr3652ih.xml
113-hr-3653	I 113th CONGRESS 1st Session H. R. 3653 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. King of New York (for himself, Mr. Poe of Texas , Ms. Kelly of Illinois , Mr. Grimm , Mr. Webster of Florida , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow an increased work opportunity credit with respect to recent veterans, and for other purposes. 1. Short title This Act may be cited as the Jobs for Veterans Act of 2013 . 2. Work opportunity credit for recent veterans (a) Work opportunity credit (1) In general Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (l) Special rules for veterans For purposes of this subpart— (1) In general In the case of an individual who is an applicable veteran who begins work for the employer after December 31, 2012, and before January 1, 2015, the following rules shall apply: (A) Applicable veteran Such individual shall be treated as a member of a targeted group. (B) Increased percentage Subsection (a) shall be applied by substituting 100 percent for 40 percent . (C) Wage limitation Paragraph (3) of subsection (b) shall be applied— (i) by substituting $5,000 for $6,000 , and (ii) without regard to the parenthetical therein. (D) Minimum employment periods Subparagraph (A) of subsection (i)(3) shall be applied by substituting 0 percent for 25 percent . (E) Disabled veterans In the case of such an individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii), the credit determined with respect to such individual under the rules of this subsection shall be in addition to any credit allowable with respect to such individual under this section determined without regard to this subsection. (2) Applicable veteran The term applicable veteran means any veteran (as defined in subsection (d)(3)(B)) who is certified by the designated local agency as having been discharged or released from active duty in the Armed Forces of the United States after September 11, 2001. (3) Election to have subsection not apply A taxpayer may elect (at such time and in such form and manner as the Secretary shall prescribe) to have this subsection not apply with respect to an individual for any taxable year. (4) Special rule For purposes of this subsection, this section shall be deemed to remain in effect with respect to individuals who begin work for the employer after December 31, 2013, and before January 1, 2015. . (2) Effective date The amendments made by paragraph (1) shall apply to individuals who begin work for the employer after December 31, 2012. (b) Offset The amounts otherwise authorized to be appropriated to the Department of Veterans Affairs for General Administration are hereby reduced as follows: (1) The amount for fiscal year 2013 is reduced by $5,000,000. (2) The amount for fiscal year 2014 is reduced by $5,000,000.	https://www.govinfo.gov/content/pkg/BILLS-113hr3653ih/xml/BILLS-113hr3653ih.xml
113-hr-3654	I 113th CONGRESS 1st Session H. R. 3654 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Polis (for himself, Mr. Ben Ray Luján of New Mexico , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a renewable electricity standard, and for other purposes. 1. Short title This Act may be cited as the Renewable Electricity Standard Act of 2013 . 2. Renewable electricity standard (a) In general Title VI of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) is amended by adding at the end the following: 610. Renewable electricity standard (a) Definitions In this section: (1) Base quantity of electricity (A) In general The term base quantity of electricity means the total quantity of electric energy sold by a retail electric supplier, expressed in terms of kilowatt hours, to electric customers for purposes other than resale during the most recent calendar year for which information is available. (B) Exclusions The term base quantity of electricity does not include— (i) electric energy that is not incremental hydropower generated by a hydroelectric facility; and (ii) electricity generated through the incineration of municipal solid waste. (2) Biomass (A) In general The term biomass means— (i) cellulosic (plant fiber) organic materials from a plant that is planted for the purpose of being used to produce energy; (ii) nonhazardous plant or algal matter that is derived from— (I) an agricultural crop, crop byproduct, or residue resource; or (II) waste, such as landscape or right-of-way trimmings (but not including municipal solid waste, recyclable postconsumer waste paper, painted, treated, or pressurized wood, wood contaminated with plastic, or metals); (iii) animal waste or animal byproducts; and (iv) landfill methane. (B) National forest land and certain other public land In the case of organic material removed from National Forest System land or from public land administered by the Secretary of the Interior, the term biomass means only organic material from— (i) ecological forest restoration; (ii) precommercial thinnings; (iii) brush; (iv) mill residues; or (v) slash. (C) Exclusion of certain Federal land Notwithstanding subparagraph (B), the term biomass does not include material or matter that would otherwise qualify as biomass if the material or matter is located on the following Federal land: (i) Federal land containing old growth forest or late successional forest unless the Secretary of the Interior or the Secretary of Agriculture determines that the removal of organic material from the land— (I) is appropriate for the applicable forest type; and (II) maximizes the retention of— (aa) late-successional and large and old growth trees; (bb) late-successional and old growth forest structure; and (cc) late-successional and old growth forest composition. (ii) Federal land on which the removal of vegetation is prohibited, including components of the National Wilderness Preservation System. (iii) Wilderness study areas. (iv) Inventoried roadless areas. (v) Components of the National Landscape Conservation System. (vi) National Monuments. (3) Existing facility The term existing facility means a facility for the generation of electric energy from a renewable energy resource that is not an eligible facility. (4) Incremental hydropower The term incremental hydropower means additional generation that is achieved from increased efficiency or additions of capacity made on or after— (A) the date of enactment of this section; or (B) the effective date of an existing applicable State renewable portfolio standard program at a hydroelectric facility that was placed in service before that date. (5) Indian land The term Indian land means— (A) any land within the limits of any Indian reservation, pueblo, or rancheria; (B) any land not within the limits of any Indian reservation, pueblo, or rancheria title to which on the date of enactment of this section was held by— (i) the United States for the benefit of any Indian tribe or individual; or (ii) any Indian tribe or individual subject to restriction by the United States against alienation; (C) any dependent Indian community; or (D) any land conveyed to any Alaska Native corporation under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ). (6) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (7) Renewable energy The term renewable energy means electric energy generated by a renewable energy resource. (8) Renewable energy resource The term renewable energy resource means solar, wind, ocean, tidal, geothermal energy, biomass, landfill gas, incremental hydropower, or hydrokinetic energy. (9) Repowering or cofiring increment The term repowering or cofiring increment means— (A) the additional generation from a modification that is placed in service on or after the date of enactment of this section, to expand electricity production at a facility used to generate electric energy from a renewable energy resource; (B) the additional generation above the average generation during the 3-year period ending on the date of enactment of this section at a facility used to generate electric energy from a renewable energy resource or to cofire biomass that was placed in service before the date of enactment of this section; or (C) the portion of the electric generation from a facility placed in service on or after the date of enactment of this section, or a modification to a facility placed in service before the date of enactment of this section made on or after January 1, 2001, associated with cofiring biomass. (10) Retail electric supplier (A) In general The term retail electric supplier means a person that sells electric energy to electric consumers that sold not less than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. (B) Inclusion The term retail electric supplier includes a person that sells electric energy to electric consumers that, in combination with the sales of any affiliate organized after the date of enactment of this section, sells not less than 1,000,000 megawatt hours of electric energy to consumers for purposes other than resale. (C) Sales to parent companies or affiliates For purposes of this paragraph, sales by any person to a parent company or to other affiliates of the person shall not be treated as sales to electric consumers. (D) Governmental agencies (i) In general Except as provided in clause (ii), the term retail electric supplier does not include— (I) the United States, a State, any political subdivision of a State, or any agency, authority, or instrumentality of the United States, State, or political subdivision; or (II) a rural electric cooperative. (ii) Inclusion The term retail electric supplier includes an entity that is a political subdivision of a State, or an agency, authority, or instrumentality of the United States, a State, a political subdivision of a State, a rural electric cooperative that sells electric energy to electric consumers, or any other entity that sells electric energy to electric consumers that would not otherwise qualify as a retail electric supplier if the entity notifies the Secretary that the entity voluntarily agrees to participate in the Federal renewable electricity standard program. (b) Compliance For calendar year 2014 and each calendar year thereafter, each retail electric supplier shall meet the requirements of subsection (c) by submitting to the Secretary, not later than April 1 of the following calendar year, 1 or more of the following: (1) Federal renewable energy credits issued under subsection (e). (2) Certification of the renewable energy generated and electricity savings pursuant to the funds associated with State compliance payments as specified in subsection (e)(4)(G). (3) Alternative compliance payments pursuant to subsection (h). (c) Required annual percentage For each of calendar years 2014 through 2039, the required annual percentage of the base quantity of electricity of a retail electric supplier that shall be generated from renewable energy resources, or otherwise credited towards the percentage requirement pursuant to subsection (d), shall be the applicable percentage specified in the following table: Required Amount Calendar Years percentage 2014 6.0 2015 8.5 2016 11.0 2017 11.0 2018 14.0 2019 14.0 2020 17.5 2021 17.5 2022 21.0 2023 21.0 2024 23.0 2025 and thereafter through 2039 25.0. (d) Renewable energy credits (1) In general A retail electric supplier may satisfy the requirements of subsection (b)(1) through the submission of Federal renewable energy credits— (A) issued to the retail electric supplier under subsection (e); (B) obtained by purchase or exchange under subsection (f); or (C) borrowed under subsection (g). (2) Federal renewable energy credits A Federal renewable energy credit may be counted toward compliance with subsection (b)(1) only once. (e) Issuance of Federal renewable energy credits (1) In general Not later than 1 year after the date of enactment of this section, the Secretary shall establish by rule a program— (A) to verify and issue Federal renewable energy credits to generators of renewable energy; (B) to track the sale, exchange, and retirement of the credits; and (C) to enforce the requirements of this section. (2) Existing non-Federal tracking systems To the maximum extent practicable, in establishing the program, the Secretary shall rely on existing and emerging State or regional tracking systems that issue and track non-Federal renewable energy credits. (3) Application (A) In general An entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits. (B) Eligibility To be eligible for the issuance of the credits, the applicant shall demonstrate to the Secretary that— (i) the electric energy will be transmitted onto the grid; or (ii) in the case of a generation offset, the electric energy offset would have otherwise been consumed onsite. (C) Contents The application shall indicate— (i) the type of renewable energy resource that is used to produce the electricity; (ii) the location at which the electric energy will be produced; and (iii) any other information the Secretary determines appropriate. (4) Quantity of Federal renewable energy credits (A) In general Except as otherwise provided in this paragraph, the Secretary shall issue to a generator of electric energy 1 Federal renewable energy credit for each kilowatt hour of electric energy generated by the use of a renewable energy resource at an eligible facility. (B) Incremental hydropower (i) In general For purpose of compliance with this section, Federal renewable energy credits for incremental hydropower shall be based on the increase in average annual generation resulting from the efficiency improvements or capacity additions. (ii) Water flow information The incremental generation shall be calculated using the same water flow information that is— (I) used to determine a historic average annual generation baseline for the hydroelectric facility; and (II) certified by the Secretary or the Federal Energy Regulatory Commission. (iii) Operational changes The calculation of the Federal renewable energy credits for incremental hydropower shall not be based on any operational changes at the hydroelectric facility that is not directly associated with the efficiency improvements or capacity additions. (C) Indian land (i) In general The Secretary shall issue 2 renewable energy credits for each kilowatt hour of electric energy generated and supplied to the grid in a calendar year through the use of a renewable energy resource at an eligible facility located on Indian land. (ii) Biomass For purposes of this paragraph, renewable energy generated by biomass cofired with other fuels is eligible for 2 credits only if the biomass was grown on the land. (D) On-site eligible facilities (i) In general In the case of electric energy generated by a renewable energy resource at an on-site eligible facility that is not larger than 1 megawatt in capacity and is used to offset all or part of the requirements of a customer for electric energy, the Secretary shall issue 3 renewable energy credits to the customer for each kilowatt hour generated. (ii) Indian land In the case of an on-site eligible facility on Indian land, the Secretary shall issue not more than 3 credits per kilowatt hour. (E) Combination of renewable and nonrenewable energy resources If both a renewable energy resource and a nonrenewable energy resource are used to generate the electric energy, the Secretary shall issue the Federal renewable energy credits based on the proportion of the renewable energy resources used. (F) Retail electric suppliers If a generator has sold electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract for power from an existing facility and the contract has not determined ownership of the Federal renewable energy credits associated with the generation, the Secretary shall issue the Federal renewable energy credits to the retail electric supplier for the duration of the contract. (G) Compliance with State renewable portfolio standard programs Payments made by a retail electricity supplier, directly or indirectly, to a State for compliance with a State renewable portfolio standard program, or for an alternative compliance mechanism, shall be valued at 1 credit per kilowatt hour for the purpose of subsection (b)(2) based on the quantity of electric energy generation from renewable resources that results from the payments. (f) Renewable energy credit trading (1) In general A Federal renewable energy credit may be sold, transferred, or exchanged by the entity to whom the credit is issued or by any other entity that acquires the Federal renewable energy credit, other than renewable energy credits from existing facilities. (2) Carryover A Federal renewable energy credit for any year that is not submitted to satisfy the minimum renewable generation requirement of subsection (c) for that year may be carried forward for use pursuant to subsection (b)(1) within the next 3 years. (3) Delegation The Secretary may delegate to an appropriate market-making entity the administration of a national tradeable renewable energy credit market for purposes of creating a transparent national market for the sale or trade of renewable energy credits. (g) Renewable energy credit borrowing (1) In general Not later than December 31, 2014, a retail electric supplier that has reason to believe the retail electric supplier will not be able to fully comply with subsection (b) may— (A) submit a plan to the Secretary demonstrating that the retail electric supplier will earn sufficient Federal renewable energy credits within the next 3 calendar years that, when taken into account, will enable the retail electric supplier to meet the requirements of subsection (b) for calendar year 2014 and the subsequent calendar years involved; and (B) on the approval of the plan by the Secretary, apply Federal renewable energy credits that the plan demonstrates will be earned within the next 3 calendar years to meet the requirements of subsection (b) for each calendar year involved. (2) Repayment The retail electric supplier shall repay all of the borrowed Federal renewable energy credits by submitting an equivalent number of Federal renewable energy credits, in addition to the credits otherwise required under subsection (b), by calendar year 2022 or any earlier deadlines specified in the approved plan. (h) Alternative compliance payments As a means of compliance under subsection (b)(4), the Secretary shall accept payment equal to the lesser of— (1) 200 percent of the average market value of Federal renewable energy credits and Federal energy efficiency credits for the applicable compliance period; or (2) 3 cents per kilowatt hour (as adjusted on January 1 of each year following calendar year 2006 based on the implicit price deflator for the gross national product). (i) Information collection The Secretary may collect the information necessary to verify and audit— (1) (A) the annual renewable energy generation of any retail electric supplier; and (B) Federal renewable energy credits submitted by a retail electric supplier pursuant to subsection (b)(1); (2) the validity of Federal renewable energy credits submitted for compliance by a retail electric supplier to the Secretary; and (3) the quantity of electricity sales of all retail electric suppliers. (j) Environmental savings clause Incremental hydropower shall be subject to all applicable environmental laws and licensing and regulatory requirements. (k) State programs (1) In general Nothing in this section diminishes any authority of a State or political subdivision of a State— (A) to adopt or enforce any law (including regulations) respecting renewable energy, including programs that exceed the required quantity of renewable energy under this section; or (B) to regulate the acquisition and disposition of Federal renewable energy credits by retail electric suppliers. (2) Compliance with section No law or regulation referred to in paragraph (1)(A) shall relieve any person of any requirement otherwise applicable under this section. (3) Coordination with State program The Secretary, in consultation with States that have in effect renewable energy programs, shall— (A) preserve the integrity of the State programs, including programs that exceed the required quantity of renewable energy under this section; and (B) facilitate coordination between the Federal program and State programs. (4) Existing renewable energy programs In the regulations establishing the program under this section, the Secretary shall incorporate common elements of existing renewable energy programs, including State programs, to ensure administrative ease, market transparency and effective enforcement. (5) Minimization of administrative burdens and costs In carrying out this section, the Secretary shall work with the States to minimize administrative burdens and costs to retail electric suppliers. (l) Recovery of costs An electric utility that has sales of electric energy that are subject to rate regulation (including any utility with rates that are regulated by the Commission and any State regulated electric utility) shall not be denied the opportunity to recover the full amount of the prudently incurred incremental cost of renewable energy obtained to comply with the requirements of subsection (b). (m) Program review (1) In general The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a comprehensive evaluation of all aspects of the program established under this section. (2) Evaluation The study shall include an evaluation of— (A) the effectiveness of the program in increasing the market penetration and lowering the cost of the eligible renewable energy technologies; (B) the opportunities for any additional technologies and sources of renewable energy emerging since the date of enactment of this section; (C) the impact on the regional diversity and reliability of supply sources, including the power quality benefits of distributed generation; (D) the regional resource development relative to renewable potential and reasons for any investment in renewable resources; and (E) the net cost/benefit of the renewable electricity standard to the national and State economies, including— (i) retail power costs; (ii) the economic development benefits of investment; (iii) avoided costs related to environmental and congestion mitigation investments that would otherwise have been required; (iv) the impact on natural gas demand and price; and (v) the effectiveness of green marketing programs at reducing the cost of renewable resources. (3) Report Not later than January 1, 2018, the Secretary shall transmit to Congress a report describing the results of the evaluation and any recommendations for modifications and improvements to the program. (n) State renewable energy account (1) In general There is established in the Treasury a State renewable energy account. (2) Deposits All money collected by the Secretary from the alternative compliance payments under subsection (h) shall be deposited into the State renewable energy account established under paragraph (1). (3) Grants (A) In general Proceeds deposited in the State renewable energy account shall be used by the Secretary, subject to annual appropriations, for a program to provide grants— (i) to the State agency responsible for administering a fund to promote renewable energy generation for customers of the State or an alternative agency designated by the State; or (ii) if no agency described in clause (i), to the State agency developing State energy conservation plans under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ). (B) Use The grants shall be used for the purpose of— (i) promoting renewable energy production; and (ii) providing energy assistance and weatherization services to low-income consumers. (C) Criteria The Secretary may issue guidelines and criteria for grants awarded under this paragraph. (D) State-approved funding mechanisms At least 75 percent of the funds provided to each State for each fiscal year shall be used to promote renewable energy production through grants, production incentives, or other State-approved funding mechanisms. (E) Allocation The funds shall be allocated to the States on the basis of retail electric sales subject to the renewable electricity standard under this section or through voluntary participation. (F) Records State agencies receiving grants under this paragraph shall maintain such records and evidence of compliance as the Secretary may require. . (b) Table of contents amendment The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following: Sec. 609. Rural and remote communities electrification grants. Sec. 610. Renewable electricity standard. .	https://www.govinfo.gov/content/pkg/BILLS-113hr3654ih/xml/BILLS-113hr3654ih.xml
113-hr-3655	I 113th CONGRESS 1st Session H. R. 3655 IN THE HOUSE OF REPRESENTATIVES December 4, 2013 Mr. Ryan of Ohio (for himself and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to Simeon Booker in recognition of his achievements in the field of journalism, including reporting during the Civil Rights movement, as well as social and political commentary. 1. Findings Congress finds the following: (1) Simeon Saunders Booker, Jr., was born on August 27, 1918, in Baltimore, Maryland, to Reberta Waring and Simeon Saunders Booker, Sr., a YMCA director and minister. (2) After his family moved to Youngstown, Ohio, Booker became interested in journalism. (3) Booker promoted and wrote about Negro League baseball teams in Youngstown’s local newspaper, The Vindicator. (4) In 1945, he moved back to Ohio to work for the Call and Post, where he became the first African-American reporter to win a Newspaper Guild Award for his series on Cleveland, Ohio, slum housing, and a Willkie Award for reporting on racial inequities in the public schools. (5) In 1950, Booker was the recipient of the Nieman Fellowship from Harvard University to study journalism and develop his talent as a reporter. (6) After leaving Harvard in 1951, Booker became the first full-time African-American reporter at The Washington Post. (7) In 1955, he helped to advance the civil rights movement with his famous coverage of the Emmett Till murder and trial, turning a common occurrence in the Deep South into a national tragedy that united the black community. (8) He remained at the forefront of the civil rights movement, reporting on the 1957 integration of Central High School in Little Rock, Arkansas. (9) In 1961, he rode with the Congress on Racial Equality (CORE) Freedom Riders through the Deep South. (10) When the Freedom Riders were firebombed and beaten in Anniston, Alabama, in a Ku Klux Klan ambush, Booker arranged for their rescue by calling U.S. Attorney General Robert F. Kennedy. (11) In two wartime tours of Vietnam in the 1960's, he interviewed Black troops on the front lines, and took enemy fire in a helicopter with United States Army General William Westmoreland for reports for Jet and Ebony magazines. (12) He has chronicled the most tumultuous period in American history in two highly acclaimed books, Shocking the Conscience: A Reporter’s Account of the Civil Rights Movement (University Press of Mississippi, 2013), and Black Man’s America (Prentice Hall, 1964). (13) Often called the dean of the black press , as chief of Ebony and Jet magazines’ Washington bureau, he interviewed presidents, senators and representatives, members of the judiciary, cabinet officers, foreign ambassadors, and other important members of the Washington community. His column, Ticker Tape U.S.A. , became a must-read for politicians and government officials. (14) He covered every Presidential election since the Eisenhower Administration in his fifty-three years with Johnson Publishing until he retired in 2007. (15) In 1982, Booker received one of the most prestigious awards in journalism, the National Press Club’s Fourth Estate Award. (16) His honors and awards include: Nieman Fellowship, Harvard University 1950; elected president of the Capitol Press Club, 1956; Fourth Estate Award, National Press Club, 1982; inducted into Hall of Fame, Washington Chapter of Sigma Delta Chi, and Hall of Fame of Washington, D.C., 1984; Master Communicators Award, National Black Media Coalition, 1998; Phoenix Award, Congressional Black Caucus Foundation, 2010; inducted into Hall of Fame, National Association of Black Journalists, 2013. 2. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to Simeon Saunders Booker, Jr., in recognition of his achievements in the field of journalism, including reporting during the Civil Rights movement, as well as social and political commentary. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 4. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.	https://www.govinfo.gov/content/pkg/BILLS-113hr3655ih/xml/BILLS-113hr3655ih.xml
113-hr-3656	I 113th CONGRESS 1st Session H. R. 3656 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Ellison (for himself, Mr. Stivers , Mrs. Carolyn B. Maloney of New York , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Home Loan Bank Act to expand the purposes of advances and collateral available to community development financial institutions. 1. Short title This Act may be cited as the The Small Business and Community Investments Expansion Act of 2013 . 2. Expanding the purposes of advances and collateral available to community development financial institutions Section 10(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1430(a) ) is amended— (1) in paragraph (2)(B), by inserting or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 )) after community financial institution ; and (2) in paragraph (3)(E), by inserting or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 )) after community financial institution .	https://www.govinfo.gov/content/pkg/BILLS-113hr3656ih/xml/BILLS-113hr3656ih.xml

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