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113-hr-153

I 113th CONGRESS 1st Session H. R. 153 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre 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 outreach activities of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Outreach Improvement Act of 2013 . 2. Improvement of outreach activities within Department of Veterans Affairs (a) In General Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: IV OUTREACH ACTIVITIES 561. Outreach activities: coordination of activities within the Department (a) Coordination Procedures The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: (1) The Office of the Secretary. (2) The Office of Public Affairs. (3) The Veterans Health Administration. (4) The Veterans Benefits Administration. (5) The National Cemetery Administration. (b) Annual Review of Procedures The Secretary shall— (1) annually review the procedures in effect under subsection (a) for the purpose of ensuring that those procedures meet the requirements of that subsection; and (2) make such modifications to those procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach (a) Purpose It is the purpose of this section to provide for assistance by the Secretary to State and county veterans agencies to carry out programs in locations within the respective jurisdictions of such agencies that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans’ and veterans-related benefits and programs (including State veterans’ programs) for which they may be eligible. (b) Priority for Areas With High Concentration of Eligible Individuals In providing assistance under this section, the Secretary shall give priority to State and county veteran agencies in locations— (1) that have relatively large concentrations of populations of veterans and other individuals referred to in subsection (a); or (2) that are experiencing growth in the population of veterans and other individuals referred to in subsection (a). (c) Contracts for Outreach Services The Secretary may enter into a contract with a State or county veterans agency in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the State or county (including outreach with respect to a State or county veterans program). As a condition of entering into any such contract, the Secretary shall require the agency to submit annually to the Secretary a three-year plan for the use of any funds provided to the agency pursuant to the contract and to meet the annual outcome measures developed by the Secretary under subsection (d)(4). (d) Grants (1) The Secretary may make a grant to a State or county veterans agency to be used to carry out, coordinate, improve, or otherwise enhance— (A) outreach activities, including activities carried out pursuant to a contract entered into under subsection (c); and (B) activities to assist in the development and submittal of claims for veterans and veterans-related benefits, including activities carried out pursuant to a contract entered into under subsection (c). (2) A State veterans agency that receives a grant under this subsection may award all or a portion of the grant to county veterans agencies within the State to provide outreach services for veterans, on the basis of the number of veterans residing in the jurisdiction of each county. (3) To be eligible for a grant under this subsection, a State or county veterans agency shall submit to the Secretary an application containing such information and assurances as the Secretary may require. The Secretary shall require a State or county veterans agency to include, as part of the agency’s application— (A) a three-year plan for the use of the grant; and (B) a description of the programs through which the agency will meet the annual outcome measures developed by the Secretary under paragraph (4). (4) (A) The Secretary shall develop and provide to the recipient of a grant under this subsection written guidance on annual outcome measures, Department policies, and procedures for applying for grants under this section. (B) The Secretary shall annually review the performance of each State or county veterans agency that receives a grant under this section. (C) In the case of a State or county veterans agency that is a recipient of a grant under this subsection that does not meet the annual outcome measures developed by the Secretary, the Secretary shall require the agency to submit a remediation plan under which the agency shall describe how and when it plans to meet such outcome measures. The Secretary must approve such plan before the Secretary may make a subsequent grant to that agency under this subsection. (5) No portion of any grant awarded under this subsection may be used for the purposes of administering the grant funds or to subsidize the salaries of State or county veterans service officers or other employees of a State or county veterans agency that receives a grant under this subsection. (6) Federal funds provided to a State or county veterans agency under this subsection may not be used to provide more than 50 percent of the total cost of the State or county government activities described in paragraph (1) and shall be used to expand existing outreach programs and services and not to supplant State and local funding that is otherwise available. (7) In awarding grants under this subsection, the Secretary shall give priority to State and county veterans agencies that serve the largest populations of veterans. (8) (A) In a case in which a county government does not have a county veterans agency, the county government may be awarded a grant under this subsection to establish such an agency. (B) In a case in which a county government does not have a county veterans agency and does not seek to establish such an agency through the use of a grant under this subsection, the State veterans agency for the State in which the county is located may use a grant under this section to provide outreach services for that county. (C) In the case of a State in which no State or county veterans agency seeks to receive a grant under this subsection, the funds that would otherwise be allocated for that State shall be reallocated to those States in which county veterans agencies exist and have sought grants under this subsection. (9) A grant under this subsection may be used to provide education and training, including on-the-job training, for State, county, and local government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary and, for employees so accredited, for purposes of continuing education. (e) Definitions For the purposes of this section: (1) The term State veterans agency means the element of the government of a State that has responsibility for programs and activities of that State government relating to veterans benefits. (2) The term county veterans agency means the element of the government of a county or municipality that has responsibility for programs and activities of that county or municipal government relating to veterans benefits. 563. Outreach activities: funding (a) Separate Account Amounts for the outreach activities of the Department under this subchapter shall be budgeted and appropriated through a separate appropriation account. (b) Separate Statement of Amount In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in subsection (a). 564. Definition of outreach For purposes of this subchapter, the term outreach means the act or process of taking steps in a systematic manner to provide information, services, and benefits counseling to veterans, and the survivors of veterans, who may be eligible to receive benefits under the laws administered by the Secretary to ensure that those individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws for which they may be eligible. 565. Authorization of appropriations There is authorized to be appropriated to the Secretary for each of fiscal years 2013, 2014, and 2015, $25,000,000 to carry out this subchapter, including making grants under section 562(d) of this title. . (b) Clerical Amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new items: subchapter iv—outreach activities 561. Outreach activities: coordination of activities within the Department. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach. 563. Outreach activities: funding. 564. Definition of outreach. 565. Authorization of appropriations. . (c) Deadline for Implementation The Secretary of Veterans Affairs shall implement the outreach activities required under subchapter IV of chapter 5 of title 38, United States Code, as added by subsection (a), by not later than 120 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr153ih/xml/BILLS-113hr153ih.xml

113-hr-154

I 113th CONGRESS 1st Session H. R. 154 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a Department of Veterans Affairs Medal for Distinguished Public Service to honor veterans who make remarkable and distinguished contributions to their communities. 1. Department of Veterans Affairs Medal for Distinguished Public Service (a) Establishment Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: 533. Department of Veterans Affairs Medal for Distinguished Public Service (a) In general The Secretary may award a decoration called the Department of Veterans Affairs Medal for Distinguished Public Service to a veteran described in subsection (b). (b) Veteran described A veteran described in this subsection is a veteran whom the Secretary determines has, during the period after the date of the veteran’s discharge or release from the active military, naval, or air service— (1) made remarkable and distinguished contributions to the community of the veteran; and (2) exemplified the virtues of honor, duty, and commitment to service that originally led the veteran to service in the Armed Forces. (c) Posthumous award The Secretary may award the medal under this section to a veteran described in subsection (b) who is deceased. (d) Regulations The Secretary may prescribe regulations to carry out this section. . (b) Clerical amendment The table of sections at the beginning of such chapter of such title is amended by inserting after the item relating to section 532 the following new item: 533. Department of Veterans Affairs Medal for Distinguished Public Service. .

https://www.govinfo.gov/content/pkg/BILLS-113hr154ih/xml/BILLS-113hr154ih.xml

113-hr-155

I 113th CONGRESS 1st Session H. R. 155 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes. 1. Short title This Act may be cited as the Notch Fairness Act of 2013 . 2. New guaranteed minimum primary insurance amount where eligibility arises during transitional period (a) In General Section 215(a) of the Social Security Act is amended— (1) in paragraph (4)(B), by inserting (with or without the application of paragraph (8)) after would be made , and by striking 1984 in clause (i) and inserting 1989 ; and (2) by adding at the end the following: (8) (A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual’s primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of— (i) such amount, and (ii) the applicable transitional increase amount (if any). (B) For purposes of subparagraph (A)(ii), the term applicable transitional increase amount means, in the case of any individual, the product derived by multiplying— (i) the excess under former law, by (ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: If the individual becomes The applicable  eligible for such benefits in: percentage is: 1979 55 1980 45 1981 35 1982 32 1983 25 1984 20 1985 16 1986 10 1987 3 1988 5. (C) For purposes of subparagraph (B), the term excess under former law means, in the case of any individual, the excess of— (i) the applicable former law primary insurance amount, over (ii) the amount which would be such individual’s primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). (D) For purposes of subparagraph (C)(i), the term applicable former law primary insurance amount means, in the case of any individual, the amount which would be such individual’s primary insurance amount if it were— (i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or (ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). (E) In determining the amount which would be an individual’s primary insurance amount as provided in subparagraph (D)— (i) subsection (b)(4) shall not apply; (ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual’s computation base years may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual’s wages and self-employment income is the largest; and (iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words without regard to any increases in that table in such subdivision read including any increases in that table . (F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. (G) (i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. (ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual’s death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual’s wages and self-employment income. Any such election filed after December 31, 2013, shall be null and void and of no effect. (iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)— (I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 2014 not later than July 1, 2014, and (II) subparagraph (A) shall not apply in determining such individual’s primary insurance amount. (iv) Upon receipt by the Commissioner as of December 31, 2013, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self-employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)— (I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 2014 not later than July 1, 2014, and (II) solely for purposes of determining the amount of such beneficiary’s benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual’s primary insurance amount. . (b) Effective Date and Related Rules (1) Applicability of amendments (A) In general Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 2014. (2) Recomputation to reflect benefit increases In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 2014, if such benefits are based on a primary insurance amount computed— (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr155ih/xml/BILLS-113hr155ih.xml

113-hr-156

I 113th CONGRESS 1st Session H. R. 156 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide for the withdrawal of the United States from the North American Free Trade Agreement. 1. Withdrawal of the United States from the NAFTA (a) Withdrawal of approval Notwithstanding any other provision of law, the approval of the NAFTA by the Congress provided for in section 101(a) of the North American Free Trade Agreement Implementation Act shall cease to be effective beginning on the date that is six months after the date of the enactment of this Act. (b) Notification of withdrawal On the date of the enactment of this Act, the President shall provide to the Governments of Canada and Mexico written notice of withdrawal of the United States from the NAFTA in accordance with Article 2205 of the NAFTA. (c) NAFTA defined In this section, the term NAFTA means the North American Free Trade Agreement entered into between the United States, Canada, and Mexico on December 17, 1992.

https://www.govinfo.gov/content/pkg/BILLS-113hr156ih/xml/BILLS-113hr156ih.xml

113-hr-157

I 113th CONGRESS 1st Session H. R. 157 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize a project for hurricane and storm damage reduction, West Onslow Beach and New River Inlet (Topsail Beach), North Carolina. 1. West Onslow Beach and New River Inlet (Topsail Beach), North Carolina The Secretary of the Army is authorized to carry out a project for hurricane and storm damage reduction, West Onslow Beach and New River Inlet (Topsail Beach), North Carolina, substantially in accordance with the plans, and subject to the conditions, described in the West Onslow Beach and New River Inlet (Topsail Beach), North Carolina: Report of the Chief of Engineers, dated September 28, 2009, at a total cost of $47,000,000, with an estimated Federal cost of $30,000,000 and an estimated non-Federal cost of $17,000,000, and at an estimated total cost of $252,000,000 for periodic beach nourishment and monitoring over the 50-year economic life of the project, with an estimated Federal cost of $125,000,000 and an estimated non-Federal cost of $127,000,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr157ih/xml/BILLS-113hr157ih.xml

113-hr-158

I 113th CONGRESS 1st Session H. R. 158 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize a project for hurricane and storm damage reduction, Surf City and North Topsail Beach, North Carolina. 1. Surf City and North Topsail Beach, North Carolina The Secretary of the Army is authorized to carry out a project for hurricane and storm damage reduction, Surf City and North Topsail Beach, North Carolina, substantially in accordance with, and subject to the conditions described in, the Surf City and North Topsail Beach, North Carolina, Coastal Storm Damage Reduction Report, dated December 30, 2010, at an estimated total cost of $353,924,000, for periodic beach nourishment and monitoring over the 50-year economic life of the project.

https://www.govinfo.gov/content/pkg/BILLS-113hr158ih/xml/BILLS-113hr158ih.xml

113-hr-159

I 113th CONGRESS 1st Session H. R. 159 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To modify the project for the improvement of the Shallotte River, North Carolina, to change the authorized depth to 8 feet. 1. Shallotte River, North Carolina The project for the improvement of the Shallotte River, North Carolina, authorized by the Act of March 4, 1913 (37 Stat. 807), is modified to change the authorized maintenance depth to 8 feet.

https://www.govinfo.gov/content/pkg/BILLS-113hr159ih/xml/BILLS-113hr159ih.xml

113-hr-160

I 113th CONGRESS 1st Session H. R. 160 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to eliminate the 5-month waiting period for entitlement to disability benefits and to eliminate reconsideration as an intervening step between initial benefit entitlement decisions and subsequent hearings on the record on such decisions. 1. Short title This Act may be cited as the Disability Benefit Fairness Act of 2013 . 2. Elimination of 5-MONTH waiting period for benefits based on disability (a) Disability Insurance Benefits (1) In general The first sentence of section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking (i) for each month and all that follows through the first month in which he is under such disability and inserting the following: for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits . (2) Waiting period eliminated from determination of benefit amount (A) In general The first sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking in— and all that follows through and as though and inserting the following: in the first month for which such individual becomes entitled to such disability insurance benefits, and as though . (B) Conforming amendment The second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking subparagraph (A) or (B) of such sentence, as the case may be and inserting such sentence . (3) Elimination of defined term (A) In general Section 223(c)(2) of such Act is repealed. (B) Conforming amendments (i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) ) is amended to read as follows: Definition of Insured Status . (ii) Section 223(c)(1) of such Act ( 42 U.S.C. 423(c)(1) ) is amended by striking For purposes of subparagraph (B) of this paragraph, when the number of quarters in the last sentence and inserting the following: (2) In applying paragraph (1)(B), when the number of quarters . (b) Widow’s Insurance Benefits Based on Disability (1) In general Section 202(e)(1)(F) of such Act ( 42 U.S.C. 402(e)(1)(F) ) is amended to read as follows: (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, . (2) Elimination of defined term Section 202(e) of such Act ( 42 U.S.C. 402(e) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (c) Widower’s Insurance Benefits Based on Disability (1) In general Section 202(f)(1)(F) of such Act ( 42 U.S.C. 402(f)(1)(F) ) is amended to read as follows: (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, . (2) Elimination of defined term Section 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (d) Elimination of Waiting Period for Commencement of Periods of Disability Section 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended by striking , but only and all that follows and inserting a period. (e) Effective Dates The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act , or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act ( 42 U.S.C. 402 ) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act. 3. Elimination of reconsideration in the review process governing decisions on benefit entitlement (a) In General Section 205(b)(1) of the Social Security Act ( 42 U.S.C. 405(b)(1) ) is amended by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration. . (b) Conforming Amendments Section 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Effective Date The amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act ) issued after 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr160ih/xml/BILLS-113hr160ih.xml

113-hr-161

I 113th CONGRESS 1st Session H. R. 161 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McIntyre introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Water Resources Development Act of 1976 to direct the Secretary of the Army to evaluate the feasibility of continuing Federal participation in a beach nourishment project, and for other purposes. 1. Short title This Act may be cited as the Bringing Economic Advancement and Coastal Health Act . 2. Beach nourishment Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ) is amended— (1) by striking The and inserting (a) Continuing Federal participation in a project .—The ; (2) by inserting before the period at the end the following: or after the date of the last estimated periodic nourishment as contemplated in the Chief’s Report, whichever is later ; and (3) by adding at the end the following: (b) Feasibility review Before the end of the fifty-year period referred to in subsection (a), the Secretary of the Army, acting through the Chief of Engineers, shall undertake, subject to the availability of appropriations, a review of a project to which subsection (a) applies to evaluate the feasibility of continuing Federal participation in the project and shall make a recommendation concerning such participation to Congress. .

https://www.govinfo.gov/content/pkg/BILLS-113hr161ih/xml/BILLS-113hr161ih.xml

113-hr-162

I 113th CONGRESS 1st Session H. R. 162 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mrs. Bachmann introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 1932 of the Social Security Act to require independent audits and actuarial services under Medicaid managed care programs, and for other purposes. 1. Short title This Act may be cited as the Medicaid Integrity Act of 2013 . 2. Independent audit and actuary requirements for State Medicaid managed care programs (a) In general Section 1932 of the Social Security Act ( 42 U.S.C. 1396u–2 ) is amended by adding at the end the following: (i) Independent audit requirements (1) In general As a condition of receiving a payment under section 1903(a) with respect to expenditures under a contract with a managed care entity under section 1903(m), a State, acting through the State agency under the State plan or another State entity, shall, in accordance with this subsection, enter into a contract with an independent auditor to— (A) conduct audits of such managed care entity under such contract; and (B) report the results of such audits under paragraph (7) . (2) Independent auditor defined In this subsection, subject to subparagraph (B), the term independent auditor means, with respect to the audit of a managed care entity in a State for a period of time, an auditing entity that— (A) had no financial relationship with the managed care entity or an affiliate of such managed care entity for activities occurring during the period for which the audit is conducted; (B) has no such financial relationship with the managed care entity or affiliate for the period during which the audit is being conducted; and (C) with respect to the initial audits under paragraph (4) of a managed care entity, has not had such a financial relationship with the managed care entity or affiliate during the 2-year period ending on the date the auditing entity and State enter into a contract under paragraph (1). (3) Standards for audits (A) In general The Secretary shall set uniform standards for the audits required under paragraph (4) . (B) Requirements for standards The standards under subparagraph (A) shall— (i) be consistent with Federal Government auditing standards issued by the Comptroller General of the United States; (ii) specify a uniform reporting format for the reporting of such audits under paragraph (7) ; and (iii) require that any report for an audit required under paragraph (7) include a certification by a certified public accountant. (4) Types of audits and information required (A) In general The independent auditor contracting with a State under paragraph (1) shall conduct and complete, for each managed care entity with a contract under section 1903(m) in such State the following: (i) A biannual financial audit described in paragraph (5) . (ii) A biannual performance-compliance audit described in paragraph (6). (B) Timing of audits (i) Initial, staggered audits For the purpose of establishing baseline data, with respect to each managed care entity with a contract under section 1903(m) with a State, the State shall complete— (I) an initial audit under subparagraph (A)(i) not later than 6 months after the date of enactment of the Medicaid Integrity Act of 2013; and (II) an initial audit under subparagraph (A)(ii) not later than 18 months after such date. The initial audit of an entity under subparagraph (A)(ii) shall be completed approximately 1 year after the initial audit of the entity under subparagraph (A)(i) . (ii) Subsequent, staggered audits Subsequent audits under each such subparagraph shall be completed every two years. (C) Period covered by audit (i) In general Each audit under this paragraph shall cover a 2-calendar-year period. (ii) Initial financial audit The first biennial financial audit under subparagraph (A)(i) shall cover the 2-calendar-year period that ends on the last day of the calendar year that ends 6 months before the deadline for completion of such initial audit under (B)(i)(I). (iii) Initial performance-compliance audit The first biennial performance-compliance audit under subparagraph (A)(ii) shall cover the 2-calendar-year period that ends on the last day of the calendar year that ends 6 months before the deadline for completion of such initial audit under (B)(i)(II). (5) Biannual financial audit A biannual financial audit under paragraph (4)(A)(i) , with respect to a managed care entity with a contract under section 1903(m) in a State, is an audit of the finances of the managed care entity relating to such contract. Each such audit shall include an audit of at least the following information: (A) Expenses and revenues With respect to services provided under such contract, the managed care entity’s— (i) administrative expenses; (ii) revenues, including investment income; and (iii) payments made by the managed care entity for nonadministrative services. (B) Claims and encounter data Subject to paragraph (7)(C) — (i) claims data related to services provided by such managed care entity under such contract; and (ii) encounter data that relate to such services and support such claims. (C) Expenditures on patient services With respect to services provided under such contract, the managed care entity’s payments to health care providers, that have been issued a national provider identifier under title XI, for items and services furnished on behalf of beneficiaries based on the claims and encounter data described in subparagraph (B) . (D) Provider payment ratio (i) In general The ratio of the payments to health care providers described in subparagraph (C) to the aggregate payments to the managed care entity under the contract. (ii) Construction The ratio under clause (i) is not a medical loss ratio and is not comparable to a medical loss ratio. (E) Provider payment rates and methodologies Subject to paragraph (7)(C)(ii) , the managed care entity’s payment rates and payment methodology for health care services under such contract, by provider type or service category, including a description of— (i) alternative payment arrangements between the managed care entity and providers; and (ii) payments made by the managed care entity to providers that are separate from claims for services provided. (F) Identification of administrative vendors With respect to services provided under such contract, identification of providers and vendors for administrative services under contract with the managed care entity. (G) Reserve fund contributions Contributions that the managed care entity has made to its reserve fund under such contract. (H) Reinsurance Data on the amount of reinsurance or transfer of risk that the managed care entity has obtained with respect to the risk assumed by such entity under such contract. (I) Charitable contributions and donations Contributions and donations that the managed care entity has made to government or non-profit entities, the identity of such government or non-profit entities, and the amount of the contributions and donations made to each such entity. (6) Biannual performance-compliance audit A biannual audit under this paragraph (4)(A)(ii) , with respect to a managed care entity with a contract under section 1903(m) in a State, is an audit of the performance of such managed care entity under such contract (including with respect to the performance of risk assessment under the contract) and the compliance of such managed care entity, during the period covered by the audit, with— (A) the terms of the contract; and (B) applicable State and Federal laws, regulations, and guidance, including provisions of such laws, regulations, and guidance related to allowable costs under such contracts. (7) Reporting and public availability of audit results (A) Notice and opportunity for comment (i) In general With respect to an audit of a managed care entity conducted by an independent auditor under this subsection, such auditor shall— (I) submit a report on the results of the audit to the managed care entity; and (II) provide the managed care entity with the opportunity to submit comments on such audit to the auditor during a 30-day period. (ii) Review of comments and revision of report The independent auditor shall review the comments submitted under clause (i)(II) and may revise such report based on such comments. (B) Public report (i) In general Not later than 45 days after the end of the 30-day comment period provided under subparagraph (A)(i)(II), the independent auditor shall submit to the Secretary, the State, and the managed care entity a report containing the results of such audit (including, in the case of an annual financial audit under paragraph (4)(A)(i) , the information described in paragraph (5)(D)), any comments received under subparagraph (A)(i)(II), and an executive summary of the audit report. The Secretary for good cause may extend by not more than 30 days the deadline for submitting a report under the previous sentence. (ii) Posting on public web site Subject to subparagraph (C), not later than 30 days after the date that the State receives a report under clause (i), the State shall post such report (including the executive summary of the report) on a Web site maintained by the State in connection with administration of this title and available to the public. (C) Privacy and confidentiality protection (i) Patient protections Nothing in this subsection shall be construed as modifying the application of the HIPAA privacy regulations (as defined in section 1180(b)(3)). (ii) Protection of certain proprietary information Nothing in this subsection shall be construed as authorizing the public disclosure of the payment rates that a managed care entity uses to pay any health care provider or the methodology that the managed care entity uses to develop such rates. (iii) Protection of encounter data Subject to clause (i) , an independent auditor, when submitting a report under subparagraph (A) , may submit encounter data to a State. An independent auditor, or a State, shall not submit to the Federal Government any encounter data that are collected for purposes of the audits under this subsection. (D) Withholding of payment for failure to report (i) In general If a report required under this paragraph is not submitted to the Secretary as required under subparagraph (B)(i) by an independent auditor with respect to a managed care entity in a State, the Secretary shall withhold, by the withholding percentage under clause (ii), the payment to the State under section 1903(a) for expenditures under a contract under section 1903(m) for the managed care entity for the period during which the report is due but not submitted. (ii) Withholding percentage The withholding percentage specified in this clause is— (I) 5 percentage points; plus (II) if the failure to report continued beyond 30 days after the date on which such report was due under subparagraph (B)(i) , 5 additional percentage points for each subsequent 30-day period until such report is submitted. (iii) Restoration of payment Any amounts withheld under this subparagraph due to the failure to submit a report shall be paid to a State not later than 10 days after the date such report is submitted. (8) Response to deficiencies (A) Report If a report submitted under paragraph (7) indicates a deficiency with respect to the financial reporting, performance, or compliance (as applicable) with respect to a managed care entity with a contract under section 1903(m) with a State, not later than 30 days after the date of submission of such report the State shall submit to the Secretary (and post on the Web site referred to in paragraph (7)(B)(ii) ) documentation of any action that the State has taken or intends to take in response to a reported deficiency. Such documentation shall include documentation of any of the following: (i) Adjustments to the terms of new or renewed contracts with such managed care entity. (ii) A corrective action plan entered into by the managed care entity with such State. (iii) Any intermediate sanction under subsection (e) against the managed care entity. (iv) Termination of the contract with the managed care entity. (B) OIG report to Congress The Secretary, acting through the Inspector General in the Department of Health and Human Services, shall annually submit to Congress and make available to the public a report on the audits conducted under this subsection and the responses of States to reports of deficiencies in such audits. Such report shall contain such recommendations for changes in law or regulation as may be appropriate to ensure the prudent expenditure of funds for items and services furnished through managed care entities. (9) Access to information required under contract; sanctions for misrepresentation or falsification of records (A) Access If a State enters into or renews a contract under section 1903(m) after the date of the enactment of the Medicaid Integrity Act of 2013 , such contract shall provide that the managed care entity, as a condition of receiving payment under such contract, shall provide the independent auditor with access to all information necessary for purposes of the audits under paragraph (4) . (B) Sanctions for misrepresentation or falsification The misrepresentation or falsification of information that is furnished for purposes of such an audit shall be subject to a civil monetary penalty under subparagraph (B)(i) of section 1903(m)(5) in the same manner as a misrepresentation or falsification described in subparagraph (A)(iv)(I) of such section. (10) Application to waiver States In the case of any State which is providing medical assistance to its residents under a waiver granted under section 1115, the Secretary shall require the State to meet the requirements of this subsection and subsection (j) in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this title. (11) Reducing duplicate audits Notwithstanding any other provision of this title, insofar as the Secretary determines that the performance of an audit under this subsection duplicates the performance of an audit required under another provision of this title, the completion of the audit under this subsection shall satisfy such requirement. (12) Reservation of State powers Nothing in this subsection shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under this title. (13) Construction Nothing in this subsection shall be construed to prevent the Secretary from taking any action, including disallowances of payment, with respect to violations of this title related to a contract with a managed care entity. (14) Definitions (A) Affiliate of the managed care entity For purposes of this subsection and subsection (j), the term affiliate of the managed care entity means an entity that, to a significant extent, is associated or affiliated with, or has control of or is controlled by, the managed care entity or that is related to such managed care entity by common ownership. For purposes of this definition— (i) common ownership exists if an individual or individuals possess significant ownership or equity in the managed care entity and the affiliate of the managed care entity; and (ii) control exists if an entity has the power, directly or indirectly, to significantly influence or direct the actions or policies of another entity. (B) Contract year For purposes of this subsection, the term contract year means, with respect to a managed care entity and a State, the 12-month period that begins on the effective date of a contract under section 1903(m) between the managed care entity and the State, and each subsequent 12-month period while such contract is effective. . (b) Independent actuary Section 1932 of the Social Security Act (42 U.S.C. 1396u–2), as amended by section 2, is further amended by adding at the end the following: (j) Independent actuary As a condition of receiving a payment under section 1903(a) with respect to expenditures under a contract between a State and a managed care entity under section 1903(m), a State may not enter into an agreement with an entity (referred to in this subsection as an actuary ) to provide actuarial services related to the State’s administration of such contract unless the following requirements are met: (1) No actuarial services or financial relationship for contract period The actuary has not provided actuarial services to the managed care entity for, or otherwise had any financial relationship with the managed care entity during, any period of the contract (between such managed care entity and the State) with respect to which the actuarial services under the agreement (between the actuary and the State) are to be provided. (2) No financial relationship during term of agreement with State The actuary agrees not to have such a financial relationship with the managed care entity or affiliate during any part of the period of the agreement (between the State and the actuary). (3) Special rule for first contract year For the first contract year in which this subsection applies, the actuary has not had such a financial relationship with the managed care entity or affiliate during the 2-year period ending on the date the actuary and State enter into an agreement subject to this subsection. . (c) Transitional financial incentives to States Section 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) ) is amended by inserting after subparagraph (F) the following: (G) 75 percent of so much of the sums expended as are attributable to expenditures for the first 3 biannual financial audits conducted under section 1932(i)(4)(A)(i) after the date of enactment of the Medicaid Integrity Act of 2013, and for the first 2 biannual performance-compliance audits conducted under section 1932(i)(4)(A)(ii) after such date; plus .

https://www.govinfo.gov/content/pkg/BILLS-113hr162ih/xml/BILLS-113hr162ih.xml

113-hr-163

I 113th CONGRESS 1st Session H. R. 163 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Benishek (for himself, Mr. Camp , Mr. Huizenga of Michigan , Mr. Walberg , Mr. Upton , and Mr. Rogers of Michigan ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate as wilderness certain land and inland water within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes. 1. Short title This Act may be cited as the Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act . 2. Definitions In this Act: (1) Map The term map means the map consisting of 6 sheets entitled Sleeping Bear Dunes National Lakeshore Proposed Wilderness Boundary , numbered 634/80,083B, and dated November 2010. (2) Secretary The term Secretary means the Secretary of the Interior. 3. Sleeping bear dunes wilderness (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain land and inland water within the Sleeping Bear Dunes National Lakeshore comprising approximately 32,557 acres along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties, Michigan, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sleeping Bear Dunes Wilderness . (b) Map (1) Availability The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Corrections The Secretary may correct any clerical or typographical errors in the map. (3) Legal description As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a legal description of the wilderness boundary and submit a copy of the map and legal description to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (c) Road setbacks The wilderness boundary shall be— (1) 100 feet from the centerline of adjacent county roads; and (2) 300 feet from the centerline of adjacent State highways. 4. Administration (a) In general Subject to valid existing rights, the wilderness area designated by section 3(a) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Maintenance of roads outside wilderness boundary Nothing in this Act prevents the maintenance and improvement of roads that are located outside the boundary of the wilderness area designated by section 3(a). (c) Fish and wildlife Nothing in this Act affects the jurisdiction of the State of Michigan with respect to the management of fish and wildlife, including hunting and fishing within the national lakeshore in accordance with section 5 of Public Law 91–479 ( 16 U.S.C. 460x–4 ). (d) Savings provisions Nothing in this Act modifies, alters, or affects— (1) any treaty rights; or (2) any valid private property rights in existence on the day before the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr163ih/xml/BILLS-113hr163ih.xml

113-hr-164

I 113th CONGRESS 1st Session H. R. 164 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to permit veterans who have a service-connected, permanent disability rated as total to travel on military aircraft in the same manner and to the same extent as retired members of the Armed Forces entitled to such travel. 1. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total (a) Availability of transportation Section 2641b of title 10, United States Code, as amended by section 622 of National Defense Authorization Act for Fiscal Year 2013, is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Special priority for certain disabled veterans (1) The Secretary of Defense shall provide transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total. (2) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary shall provide transportation under paragraph (1) on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay. (3) The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (2) to veterans covered by this subsection applies whether or not the travel program is established under this section. (4) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38. . (b) Effective date Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr164ih/xml/BILLS-113hr164ih.xml

113-hr-165

I 113th CONGRESS 1st Session H. R. 165 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the placement at the former Navy Dive School at the Washington Navy Yard of a memorial to honor the members of the Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world. 1. Short title This Act may be cited as the Man in the Sea Memorial Act . 2. Establishment of military divers memorial at Washington Navy Yard (a) Memorial authorized Consistent with the sense of the Congress expressed in section 2855 of the National Defense Authorization Act for Fiscal Year 2013, the Secretary of the Navy may permit a third party to establish and maintain, at a suitable location at the former Navy Dive School at the Washington Navy Yard in the District of Columbia, a memorial to honor the members of the United States Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world. (b) Location and design of monument The actual location at the Washington Navy Yard for the memorial authorized by subsection (a) and the final design of the memorial shall be subject to the approval of the Secretary. In selecting the site to serve as the location for the memorial, the Secretary shall seek to maximize visitor access to the memorial. (c) Military support The Secretary shall provide military ceremonial support at the dedication of the memorial authorized by subsection (a). (d) Use of Federal funds prohibited Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a), but the Secretary may accept and expend contributions of non-Federal funds and resources for such purposes.

https://www.govinfo.gov/content/pkg/BILLS-113hr165ih/xml/BILLS-113hr165ih.xml

113-hr-166

I 113th CONGRESS 1st Session H. R. 166 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Boustany (for himself and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent the evasion of antidumping and countervailing duty orders, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Preventing Recurring Trade Evasion and Circumvention Act or PROTECT Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Application to Canada and Mexico. Title I—Actions relating to enforcement of trade remedy laws Sec. 101. Trade Remedy Law Enforcement Division. Sec. 102. Collection of information on evasion of trade remedy laws. Sec. 103. Access to information. Sec. 104. Cooperation with foreign countries on preventing evasion of trade remedy laws. Sec. 105. Trade negotiating objectives. Title II—Other matters Sec. 201. Allocation and training of personnel. Sec. 202. Annual report on prevention of evasion of antidumping and countervailing duty orders. Sec. 203. Addressing circumvention by new shippers. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Finance and the Committee on Appropriations of the Senate; and (B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives. (2) Commissioner The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection. (3) Covered merchandise The term covered merchandise means merchandise that is subject to— (A) a countervailing duty order issued under section 706 of the Tariff Act of 1930; or (B) an antidumping duty order issued under section 736 of the Tariff Act of 1930. (4) Eligible small business (A) In general The term eligible small business means any business concern which, in the Commissioner’s judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion. (B) Non-reviewability Any agency decision regarding whether a business concern is an eligible small business for purposes of section 101(b)(3) is not reviewable by any other agency or by any court. (5) Enter; entry The terms enter and entry refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States. (6) Evade; evasion The terms evade and evasion refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise. (7) Secretary The term Secretary means the Secretary of the Treasury. (8) Trade remedy laws The term trade remedy laws means title VII of the Tariff Act of 1930. 3. Application to Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 ), this Act and the amendments made by this Act shall apply with respect to goods from Canada and Mexico. I Actions relating to enforcement of trade remedy laws 101. Trade Remedy Law Enforcement Division (a) Establishment (1) In general The Secretary of Homeland Security shall establish and maintain within the Office of International Trade of U.S. Customs and Border Protection, established under section 2(d) of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d) ), a Trade Remedy Law Enforcement Division. (2) Composition The Trade Law Remedy Enforcement Division shall be composed of— (A) headquarters personnel led by a Director, who shall report to the Assistant Commissioner of the Office of International Trade; and (B) a National Targeting and Analysis Group dedicated to preventing and countering evasion. (3) Duties The Trade Remedy Law Enforcement Division shall be dedicated— (A) to the development and administration of policies to prevent and counter evasion; (B) to direct enforcement and compliance assessment activities concerning evasion; (C) to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c); (D) to issuing Trade Alerts described in subsection (d); and (E) to the development of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of noncollection. (b) Duties of Director The duties of the Director of the Trade Remedy Law Enforcement Division shall include— (1) directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion; (2) facilitating, promoting, and coordinating cooperation and the exchange of information between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant agencies regarding evasion; (3) notifying on a timely basis the administering authority (as defined in section 771(1) of the Tariff Act of 1930 ( 19 U.S.C. 1677(1) )) and the Commission (as defined in section 771(2) of the Tariff Act of 1930 ( 19 U.S.C. 1677(2) )) of any finding, determination, civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal agency regarding evasion; and (4) serving as the primary liaison between U.S. Customs and Border Protection and the public regarding United States Government activities concerning evasion, including— (A) receive and transmit to the appropriate U.S. Customs and Border Protection office allegations from parties of evasion; (B) upon request by the party or parties that submitted an allegation of evasion, provide information to such party or parties on the status of U.S. Customs and Border Protection’s consideration of the allegation and decision to pursue or not pursue any investigations or other actions, such as changes in policies, procedures, or resource allocation as a result of the allegation; (C) as needed, request from the party or parties that submitted an allegation of evasion any additional information that may be relevant for U.S. Customs and Border Protection determining whether to initiate an investigation or take any other action regarding the allegation; (D) notify on a timely basis the party or parties that submitted such an allegation of the results of any civil or criminal actions taken by U.S. Customs and Border Protection or other Federal agency regarding evasion as a direct or indirect result of the allegation; (E) upon request, provide technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit allegations of evasion, except that the Director may deny assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an investigation or any other action to address the allegation; (F) in cooperation with the public, the Advisory Committee on Commercial Operations of the United States Customs Service, the Trade Support Network and any other relevant parties and organizations, develop guidelines on the types and nature of information that may be provided in allegations of evasion; and (G) regularly consult with the public, the Advisory Committee on Commercial Operations of the United States Customs Service, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of regulations, interpretations, and policies related to countering evasion. (c) Preventing and countering evasion of the trade remedy laws In carrying out its duties with respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated to preventing and countering evasion shall— (1) establish targeted risk assessment methodologies and standards— (A) for evaluating the risk that cargo destined for the United States may constitute evading covered merchandise; and (B) for issuing, as appropriate, Trade Alerts described in subsection (d); and (2) to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment computer system, the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System, and any successor systems, to administer the methodologies and standards established under paragraph (1). (d) Trade alerts Based upon the application of the targeted risk assessment methodologies and standards established under subsection (c), the Director of the Trade Remedy Law Enforcement Division shall issue Trade Alerts or other such means of notification to directors of United States ports of entry directing further inspection, or physical examination or testing, of specific merchandise to ensure compliance with the trade remedy laws. (e) Definitions In this section— (1) the term Advisory Committee on Commercial Operations of the United States Customs Service means the Advisory Committee established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 ( 19 U.S.C. 2071 note); and (2) the term Trade Support Network means the network of private sector entities that provide input on the design and development of modernization projects of U.S. Customs and Border Protection. (f) Use of trade data for commercial enforcement purposes Section 343(a)(3) of the Trade Act of 2002 ( 19 U.S.C. 2071 note) is amended— (1) by striking subparagraph (F); and (2) by redesignating subparagraphs (G) through (L) as subparagraphs (F) through (K), respectively. 102. Collection of information on evasion of trade remedy laws (a) Authority To collect information To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner— (1) shall exercise all existing authorities to collect information needed to make the determination; and (2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to— (A) a person who filed an allegation with respect to the covered merchandise; (B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or (C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion. (b) Adverse inference (1) In general If the Secretary finds that a person who filed an allegation, a person alleged to have entered covered merchandise into the customs territory of the United States through evasion, or a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion, has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information, the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred. (2) Adverse inference described An adverse inference used under paragraph (1) may include reliance on information derived from— (A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection; (B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or (C) any other available information. 103. Access to information (a) In general Section 777(b)(1)(A)(ii) of the Trade Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting negligence, gross negligence, or after regarding . (b) Additional information Notwithstanding any other provision of law, the Secretary is authorized to provide to the Secretary of Commerce or the U.S. International Trade Commission any information that is necessary to enable the Secretary of Commerce or the U.S. International Trade Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered into the customs territory of the United States through evasion. 104. Cooperation with foreign countries on preventing evasion of trade remedy laws (a) Bilateral agreements (1) In general The Secretary shall seek to negotiate and enter into bilateral agreements with the customs authorities or other appropriate authorities of foreign countries for purposes of cooperation on preventing evasion of the trade remedy laws of the United States and the trade remedy laws of the other country. (2) Provisions and authorities The Secretary shall seek to include in each such bilateral agreement the following provisions and authorities: (A) On the request of the importing party, the exporting party shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine whether an entry or entries exported from the exporting party are subject to the importing party’s trade remedy laws. (B) On the written request of the importing party, the exporting party shall conduct a verification for purposes of enabling the importing party to make a determination described in subparagraph (A). (C) The exporting party may allow the importing party to participate in a verification described in subparagraph (B), including through a site visit. (D) If the exporting party does not allow participation of the importing party in a verification described in subparagraph (B), the importing party may take this fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the exporting countries’ exports with the importing countries’ trade remedy laws. (b) Consideration The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection (a) and the extent to which the country is cooperating under the bilateral agreement for purposes of trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion by such country’s exports. (c) Report Not later than December 31 of each year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report summarizing— (1) the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of the countries involved in such negotiations; (2) the terms of any completed bilateral agreements described in subsection (a); and (3) bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a). 105. Trade negotiating objectives The principal negotiating objectives of the United States shall include obtaining the objectives of the bilateral agreements described under section 104(a) for any trade agreements under negotiation as of the date of the enactment of this Act or future trade agreement negotiations. II Other matters 201. Allocation and training of personnel The Commissioner shall, to the maximum extent possible, ensure that U.S. Customs and Border Protection— (1) employs sufficient personnel who have expertise in, and responsibility for, preventing and investigating the entry of covered merchandise into the customs territory of the United States through evasion; (2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the United States through evasion to the ports of entry in the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States; and (3) provides adequate training to relevant personnel to increase expertise and effectiveness in the prevention and investigation of entries of covered merchandise into the customs territory of the United States through evasion. 202. Annual report on prevention of evasion of antidumping and countervailing duty orders (a) In general Not later than February 28 of each year, beginning in 2013, the Commissioner, in consultation with the Secretary of Commerce and the Assistant Secretary for U.S. Immigration and Customs Enforcement, shall submit to the appropriate congressional committees a report on the efforts being taken to prevent and investigate evasion. (b) Contents Each report required under subsection (a) shall include— (1) for the calendar year preceding the submission of the report— (A) a summary of the efforts of U.S. Customs and Border Protection to prevent and investigate evasion; (B) the number of allegations of evasion received and the number of allegations of evasion resulting in investigations by U.S. Customs and Border Protection or any other agency; (C) a summary of the completed investigations of evasion, including the number and nature of the investigations initiated, conducted, or completed, as well as their resolution; (D) with respect to investigations that lead to issuance of a penalty notice, the penalty amounts; (E) the amounts of antidumping and countervailing duties collected as a result of any investigations or other actions by U.S. Customs and Border Protection or any other agency; (F) a description of the allocation of personnel and other resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to prevent and investigation evasion, including any assessments conducted regarding the allocation of such personnel and resources; and (G) a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion; and (2) a description of U.S. Customs and Border Protection processes and procedures to prevent and investigate evasion, including— (A) the specific guidelines, policies, and practices used by U.S. Customs and Border Protection to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner; (B) an evaluation of the efficacy of such existing guidelines, policies, and practices; (C) identification of any changes since the last report that have materially improved or reduced the effectiveness of U.S. Customs and Border Protection to prevent and investigate evasion; (D) a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk on noncollection; (E) the processes and procedures for increased cooperation and information sharing with the Department of Commerce, U.S. Immigration and Customs Enforcement, and any other relevant Federal agencies to prevent and investigate evasion; and (F) identification of any recommended policy changes of other Federal agencies or legislative changes to improve the effectiveness of U.S. Customs and Border Protection to prevent and investigate evasion. 203. Addressing circumvention by new shippers Section 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B) ) is amended— (1) by striking clause (iii); (2) by redesignating clause (iv) as clause (iii); and (3) inserting after clause (iii), as redesignated by paragraph (2) of this section, the following: (iv) Any weighted average dumping margin or individual countervailing duty rate determined for an exporter or producer in a review conducted under clause (i) shall be based solely on the bona fide United States sales of an exporter or producer, as the case may be, made during the period covered by the review. In determining whether the United States sales of an exporter or producer made during the period covered by the review were bona fide, the administering authority shall consider, depending on the circumstances surrounding such sales— (I) the prices of such sales; (II) whether such sales were made in commercial quantities; (III) the timing of such sales; (IV) the expenses arising from such sales; (V) whether the subject merchandise involved in such sales were resold in the United States at a profit; (VI) whether such sales were made on an arms-length basis; and (VII) any other factor the administering authority determines to be relevant as to whether such sales are, or are not, likely to be typical of those the exporter or producer will make after completion of the review. .

https://www.govinfo.gov/content/pkg/BILLS-113hr166ih/xml/BILLS-113hr166ih.xml

113-hr-167

I 113th CONGRESS 1st Session H. R. 167 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Buchanan introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States. 1. Amendments to the Legislative Reorganization Act of 1946 (a) In general Section 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ) is amended by adding at the end the following: (C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office. . (b) Technical amendment Section 601(a)(2)(A) of such Act is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C), .

https://www.govinfo.gov/content/pkg/BILLS-113hr167ih/xml/BILLS-113hr167ih.xml

113-hr-168

I 113th CONGRESS 1st Session H. R. 168 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Garrett introduced the following bill; which was referred to the Committee on Small Business A BILL To permit small business concerns operating in the United States to elect to be exempt from certain Federal rules and regulations, and for other purposes. 1. Short title This Act may be cited as the Small Business Freedom of Commerce Act of 2013 . 2. Small business exemptions (a) Election Notwithstanding any other provision of law, a small business concern operating in the United States may elect to be exempt from any Federal rule or regulation issued on or after January 20, 2009. (b) Process for exemption (1) Notification of Federal agency To be exempt from a rule or regulation under this section, the highest ranking official of a small business concern shall provide to the Federal agency that issued such rule or regulation written notice that the small business concern has elected to be exempt from such rule or regulation. (2) Timing A small business concern shall be exempt from a rule or regulation beginning on the date that is 30 days after the date that written notice provided by such concern under paragraph (1), with respect to such rule or regulation, is received by the applicable Federal agency. (3) Confirmation of written notice Not later than 7 days after receiving a written notice under paragraph (1), the head of the Federal agency that received such notice shall provide to the applicable small business concern written confirmation that such notice has been received. (c) Notification of public A small business concern that is exempt from a Federal rule or regulation under this section shall— (1) label any product of the concern affected by such exemption in a manner that provides notice that the product is no longer subject to such rule or regulation; and (2) include in any communication of the concern relating to a product or activity affected by such exemption notice that the product or activity is no longer subject to such rule or regulation. (d) Penalties A small business concern that fails to satisfy any requirement under this section shall be subject to penalties for noncompliance with an applicable Federal rule or regulation without regard to any election of the small business concern to be exempt from such rule or regulation. (e) Limitations A small business concern may not elect to be exempt under this section from a rule or regulation issued by the Department of Defense or the Department of Homeland Security, if the Secretary of Defense or the Secretary of Homeland Security has determined that such rule or regulation is necessary for the security of the United States. (f) Definitions In this section, the following definitions apply: (1) Federal agency The term Federal agency means any department, agency, or independent establishment of the Federal Government. (2) Small business concern The term small business concern has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

https://www.govinfo.gov/content/pkg/BILLS-113hr168ih/xml/BILLS-113hr168ih.xml

113-hr-169

I 113th CONGRESS 1st Session H. R. 169 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to require the arbitration of initial contract negotiation disputes, and for other purposes. 1. Short title This Act may be cited as the Labor Relations First Contract Negotiations Act of 2013 . 2. Initial contract disputes Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended by adding at the end the following new subsection: (h) (1) If, not later than 60 days after the certification of a new representative of employees for the purpose of collective bargaining, the employer of the employees and the representative have not reached a collective bargaining agreement with respect to the terms and conditions of employment, the employer and the representative shall jointly select a mediator to mediate those issues on which the employer and the representative cannot agree. (2) If the employer and the representative are unable to agree upon a mediator, either party may request the Federal Mediation and Conciliation Service to select a mediator and the Federal Mediation and Conciliation Service shall upon the request select a person to serve as mediator. (3) If, not later than 30 days after the date of the selection of a mediator under paragraph (1) or (2), the employer and the representative have not reached an agreement, the employer or the representative may transfer the matters remaining in controversy to the Federal Mediation and Conciliation Service for binding arbitration. .

https://www.govinfo.gov/content/pkg/BILLS-113hr169ih/xml/BILLS-113hr169ih.xml

113-hr-170

I 113th CONGRESS 1st Session H. R. 170 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to revise regulations concerning the recording and reporting of occupational injuries and illnesses under the Occupational Safety and Health Act of 1970. 1. Recording and reporting of occupational injuries and illnesses (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall revise the regulations in part 1904 of title 29, Code of Federal Regulations, concerning the recording and reporting of occupational injuries and illnesses under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ), to require site-controlling employers to keep a site log for all recordable injuries and illnesses occurring among all employees on the particular site, whether such employees are employed directly by the site-controlling employer or are employed by contractors or temporary help or employee leasing services. (b) Definition As used in this section, the term site-controlling employer means the employer that has primary control over the work on a particular work site and supervises the employees on a day-to-day basis on a particular work site.

https://www.govinfo.gov/content/pkg/BILLS-113hr170ih/xml/BILLS-113hr170ih.xml

113-hr-171

I 113th CONGRESS 1st Session H. R. 171 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas 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 appointment of Doctors of Chiropractic to regular and reserve corps of the Public Health Service Commissioned Corps, and for other purposes. 1. Short title This Act may be cited as the Chiropractic Membership in the Public Health Service Commissioned Corps Act of 2013 . 2. Doctors of Chiropractic in the Public Health Service Commissioned Corps (a) Appointment of personnel Section 207(a)(1) of the Public Health Service Act (42 U.S.C. 209(a)(1)) is amended by inserting chiropractic, after nursing, . (b) Authorization of appointment of Doctors of Chiropractic Section 207 of the Public Health Service Act ( 42 U.S.C. 209 ) is amended by adding at the end the following new subsection: (j) Appointment of Doctors of Chiropractic Doctors of Chiropractic who are graduates of colleges of chiropractic whose graduates are eligible for licensure to practice chiropractic in a majority of the States of the United States, or approved by a body or bodies acceptable to the Secretary, shall be eligible for appointment as officers in the commissioned Regular Corps and the Ready Reserve Corps of the Public Health Service. The Secretary and the Surgeon General shall ensure that such Doctors of Chiropractic are trained, equipped, and otherwise prepared to fulfill applicable public health and emergency response service responsibilities in the Commissioned Corps. . (c) Required placement of Doctors of Chiropractic into Public Health Service Commissioned Corps (1) In general Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Surgeon General and the Secretary of Health and Human Services, shall commence the appointment of no fewer than 6 Doctors of Chiropractic into the commissioned Regular Corps and the Ready Reserve Corps of the Public Health Service. (2) Reports The Surgeon General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health Education Labor and Pensions of the Senate quarterly reports on all measures taken by the President, the Surgeon General, and the Secretary of Health and Human Services to carry out the provisions of this Act, including the amendments made by this Act. The first such report shall be submitted not later than 120 days after the date of the enactment of this Act. (d) Authorization of appropriations Out of the total aggregate appropriations made available to the Department of Health and Human Services through annual appropriations Acts for fiscal years 2014, 2015, 2016, and 2017, $1,500,000 is authorized and shall be made available in each of such fiscal years only for the salaries and expenses necessary to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr171ih/xml/BILLS-113hr171ih.xml

113-hr-172

I 113th CONGRESS 1st Session H. R. 172 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXI of the Social Security Act to require 12-month continuous coverage under the State Children’s Health Insurance Program. 1. Short title This Act may be cited as the Ensuring Continuous Coverage under SCHIP Act of 2013 . 2. Requirement of 12-month continuous coverage under SCHIP (a) In general Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: (6) Requirement for 12-month continuous eligibility In the case of a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), the plan shall provide for implementation under this title of the 12-month continuous eligibility option described in section 1902(e)(12) for targeted low-income children whose family income is below 200 percent of the poverty line. . (b) Conforming amendment In section 2105(a)(4) of such Act, strike subparagraph (A) and redesignate the following subparagraphs accordingly. (c) Effective date The amendments made by this section shall apply to determinations (and redeterminations) of eligibility made on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr172ih/xml/BILLS-113hr172ih.xml

113-hr-173

I 113th CONGRESS 1st Session H. R. 173 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas 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 require 12-month continuous coverage for children under Medicaid. 1. Short title This Act may be cited as the Ensuring Continuous Medicaid Coverage for Children Act of 2013 . 2. Requirement of 12-month continuous coverage for children under Medicaid (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (74); (B) by striking and at the end of paragraph (82); (C) by striking the period at the end of paragraph (83) and inserting ; and ; and (D) by inserting after paragraph (83) the following new paragraph: (84) meet the requirement of subsection (e)(12). ; and (2) in subsection (e)(12), by striking At the option of a State, the plan may and inserting The State plan under this title shall . (b) Effective date (1) In general Except as provided under paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 2013, and shall apply to individuals who were determined eligible for medical assistance before, on, or after such date. (2) Special rule for State legislation 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 requirement imposed by the amendment 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 that additional requirement before the later of the following dates: (A) 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 the enactment of this Act. (B) October 1, 2013. For purposes of subparagraph (A), 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-113hr173ih/xml/BILLS-113hr173ih.xml

113-hr-174

I 113th CONGRESS 1st Session H. R. 174 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes. 1. Short title This Act may be cited as the Social Security Earnings Test Repeal Act of 2013 . 2. Repeal of provisions relating to deductions on account of work (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act ( 42 U.S.C. 403 ) are repealed. (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) in subsection (c), by redesignating such subsection as subsection (b), and— (A) by striking Noncovered Work Outside the United States or in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking For purposes of paragraphs (2), (3), and (4) and inserting For purposes of paragraphs (1), (2), and (3) ; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking subsections (c) and (d) and inserting subsection (b) ; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking subsection (c) each place it appears and inserting subsection (b) ; and (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking subsection (g) or (h)(1)(A) and inserting subsection (d) . 3. Additional conforming amendments (a) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) ) is amended by striking Section 203 (b), (c), and (d) and inserting Section 203(b) . (b) Provisions relating to exemptions from reductions based on early retirement (1) Section 202(q)(5)(B) of such Act ( 42 U.S.C. 402(q)(5)(B) ) is amended by striking section 203(c)(2) and inserting section 203(b)(1) . (2) Section 202(q)(7)(A) of such Act ( 42 U.S.C. 402(q)(7)(A) ) is amended by striking deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) and inserting deductions on account of work under section 203 or deductions under section 222(b) . (c) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits (1) Section 202(s)(1) of such Act ( 42 U.S.C. 402(s)(1) ) is amended by striking paragraphs (2), (3), and (4) of section 203(c) and inserting paragraphs (1), (2), and (3) of section 203(b) . (2) Section 202(s)(3) of such Act ( 42 U.S.C. 402(s)(3) ) is amended by striking The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections and inserting Subsections . (d) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) ) is amended by striking Subsections (b), (c), and (d) and inserting Subsection (b) . (e) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act ( 42 U.S.C. 403(a)(3)(B)(iii) ) is amended by striking and subsections (b), (c), and (d) and inserting and subsection (b) . (f) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) ) is amended by striking under section 203(f) of this title for purposes of deductions from benefits and inserting under section 203 for purposes of deductions from benefits on account of work . (g) Provisions taking into account earnings in determining benefit computation years Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended by striking no earnings as described in section 203(f)(5) in such year and inserting no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year . (h) Provisions relating to rounding of benefits Section 215(g) of such Act ( 42 U.S.C. 415(g) ) is amended by striking and any deduction under section 203(b) . (i) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals The second sentence of section 223(d)(4)(A) of such Act ( 42 U.S.C. 423(d)(4)(A) ) is amended by striking if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted and inserting the following: . (j) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) ) is amended— (1) by striking as determined under section 203(f)(5)(C) in paragraph (1)(A) and inserting as defined in the last two sentences of this subsection ; and (2) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term wages shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee’s employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer. . (k) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) ) is amended in the first sentence by striking before any reductions under the provisions of section 2(f) of this Act, . (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) ) is amended— (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, and inserting shall ; and (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before . 4. Effective date The amendments and repeals made by this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr174ih/xml/BILLS-113hr174ih.xml

113-hr-175

I 113th CONGRESS 1st Session H. R. 175 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require labor organizations to provide the notice to employees related to fees collection required pursuant to the Supreme Court cases Teachers Local No. 1 v. Hudson and Knox v. Service Employees International Union. 1. Short title This Act may be cited as the Employee Paycheck Protection Act . 2. Notice requirements related to fees collection by labor organizations (a) Notice required Prior to imposing or collecting any dues or fees from its members or from any other employees covered by a collective bargaining agreement, or increasing any such dues or fees, a labor organization shall provide all employees covered by the collective bargaining agreement with a written notice explaining how the labor organization calculated the share of such dues or fees that are for non-political costs related to collective bargaining. (b) Affirmative consent required from non-Union employees A labor organization may not exact any funds for dues or fees from any employee covered by a collective bargaining agreement who is not a member of the labor organization without the affirmative consent of such employee. 3. Definitions As used in this Act, the terms employee and labor organization have the meanings given such terms in section 2 of the National Labor Relations Act (29 U.S.C. 152).

https://www.govinfo.gov/content/pkg/BILLS-113hr175ih/xml/BILLS-113hr175ih.xml

113-hr-176

I 113th CONGRESS 1st Session H. R. 176 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit universal service support of commercial mobile service through the Lifeline program. 1. Short title This Act may be cited as the Stop Taxpayer Funded Cell Phones Act of 2011 . 2. Prohibition on Lifeline support for commercial mobile service (a) In general A provider of commercial mobile service may not receive universal service support under sections 214(e) and 254 of the Communications Act of 1934 ( 47 U.S.C. 214(e) ; 254) for the provision of such service through the Lifeline program of the Federal Communications Commission. (b) Commercial mobile service defined In this section, the term commercial mobile service has the meaning given such term in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1)).

https://www.govinfo.gov/content/pkg/BILLS-113hr176ih/xml/BILLS-113hr176ih.xml

113-hr-177

I 113th CONGRESS 1st Session H. R. 177 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To repeal the Federal estate and gift taxes. 1. Short title This Act may be cited as the Death Tax Repeal Act . 2. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr177ih/xml/BILLS-113hr177ih.xml

113-hr-178

I 113th CONGRESS 1st Session H. R. 178 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes. 1. Short title This Act may be cited as the End Pensions in Congress Act or the EPIC Act . 2. Amendments relating to the Civil Service Retirement System (a) In general Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this subchapter and subject to subsection (f), effective as of the date of enactment of this section— (1) a Member shall not be subject to this subchapter for any further period of time; and (2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations Any regulations necessary to carry out this section may— (1) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and (2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (e) Exclusion For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date may elect, by giving notice in writing to the official by whom he is paid, to remain subject to this subchapter. . (b) Clerical amendment The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress. . 3. Amendments relating to the Federal Employees’ Retirement System (a) In general Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section— (1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment— (A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and (B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and (2) in the case of an individual who first becomes a Member on or after such date of enactment— (A) such Member shall not be subject to this chapter; and (B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations (1) In general Any regulations necessary to carry out this section may— (A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and (B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Refunds Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. (e) Exclusion For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom he is paid, to remain subject to this chapter. . (b) Clerical amendment The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress. .

https://www.govinfo.gov/content/pkg/BILLS-113hr178ih/xml/BILLS-113hr178ih.xml

113-hr-179

I 113th CONGRESS 1st Session H. R. 179 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to allow certain veterans to use educational assistance provided by the Department of Veterans Affairs for franchise training. 1. Short title This Act may be cited as the Franchise Education for Veterans Act . 2. Use of educational assistance for franchise training (a) GI Bill (1) Program of education Subparagraph (C) of section 3002(3) of title 38, United States Code, is amended to read as follows: (C) in the case of an individual who is not serving on active duty, includes— (i) a full-time program of apprenticeship or of other on-job training approved as provided in paragraph (1) or (2), as appropriate, of section 3687(a) of this title; (ii) a cooperative program (as defined in section 3482(a)(2) of this title); and (iii) a training program at a training establishment described in section 3452(e)(2) of this title that— (I) is approved for purposes of chapter 32 or 34 of this title; and (II) is for a franchise (as defined in section 436.1 of title 16, Code of Federal Regulations). . (2) Limitations Section 3032 of such title is amended by adding at the end the following: (h) (1) Subject to paragraphs (3) and (4), the amount of educational assistance payable under this chapter for a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be, with respect to any 12-month period in which such training is pursued, the lesser of the following: (A) The sum of— (i) the fees assessed by the training establishment concerned for the training; (ii) a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and (iii) a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs. (B) $15,000. (2) The number of months of entitlement charged in the case of any individual for a training program described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such program by the full-time monthly institutional rate of educational assistance such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. (3) (A) In no event shall payment of educational assistance under this subsection for training described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter. (B) With respect to an individual entitled to educational assistance under this subsection who is not described in subsection (a)(1) or (c)(1) of section 3015 of this title, the Secretary shall adjust the amount payable under paragraph (1) by an amount determined by the Secretary to reflect the difference in the rate of educational assistance such individual would be paid under such section as compared to the rate an individual described in subsection (a)(1) or (c)(1) of such section would be paid under such section. (4) A veteran may not receive— (A) more than 12 months of educational assistance under this subsection; and (B) a total amount of educational assistance under this subsection that is more than $15,000. . (b) Post-9/11 GI Bill (1) Approved programs Section 3313(b) of such title is amended by striking the period at the end and inserting , including a training program described in section 3002(3)(C)(iii) of this title. . (2) Franchise training Section 3313(g)(3) of such title is amended by adding at the end the following new subparagraph: (E) Subject to clauses (ii) and (iii), in the case of an individual pursuing a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title, amounts, with respect to any 12-month period in which such training is pursued, as follows: (i) An amount equal to the lesser of— (I) the sum of— (aa) the fees assessed by the training establishment concerned for the training; (bb) a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and (cc) a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs; or (II) $15,000. (ii) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of sections 3311(b), the amounts payable pursuant to clause (i) shall be the amounts otherwise determined pursuant to such clause multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). (iii) A veteran may not receive— (I) more than 12 months of educational assistance under this subsection; and (II) a total amount of educational assistance under this subsection that is more than $15,000. . (3) Payments Section 3313(g)(4)(C) of such title is amended by adding at the end the following: (iii) Payment for the amount payable under paragraph (3)(E) for pursuit of a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be paid to the individual upon the Secretary receiving a certification of enrollment with respect to the individual made by such establishment. .

https://www.govinfo.gov/content/pkg/BILLS-113hr179ih/xml/BILLS-113hr179ih.xml

113-hr-180

I 113th CONGRESS 1st Session H. R. 180 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself, Mr. Pascrell , Mr. Reichert , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty. 1. Short title This Act may be cited as the National Blue Alert Act of 2013 . 2. Definitions In this Act: (1) Coordinator The term Coordinator means the Blue Alert Coordinator of the Department of Justice designated under section 4(a). (2) Blue alert The term Blue Alert means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) Blue alert plan The term Blue Alert plan means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) Law enforcement officer The term law enforcement officer shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b(6) ). (5) Network The term network means the Blue Alert communications network established by the Attorney General under section 3. (6) State The term State means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Blue alert communications network The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. 4. Blue alert coordinator; guidelines (a) Coordination within department of justice The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the coordinator The Coordinator shall— (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including— (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if— (i) the law enforcement agency involved— (I) confirms— (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines— (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for— (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating— (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include— (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are— (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for— (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine— (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations (1) Voluntary participation The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections The guidelines established under subsection (b) shall— (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation with other agencies The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Restrictions on coordinator The Coordinator may not— (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.

https://www.govinfo.gov/content/pkg/BILLS-113hr180ih/xml/BILLS-113hr180ih.xml

113-hr-181

I 113th CONGRESS 1st Session H. R. 181 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm 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 3031 Veterans Road West in Staten Island, New York, as the Leonard Montalto Post Office Building . 1. Leonard Montalto Post Office Building (a) Designation The facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, shall be known and designated as the Leonard Montalto 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 Leonard Montalto Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr181ih/xml/BILLS-113hr181ih.xml

113-hr-182

I 113th CONGRESS 1st Session H. R. 182 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Secretary of Transportation to modify the final rule relating to flightcrew member duty and rest requirements for passenger operations of air carriers to apply to all-cargo operations of air carriers, and for other purposes. 1. Short title This Act may be cited as the Safe Skies Act of 2013 . 2. Modification of final rule relating to flightcrew member duty and rest requirements for passenger operations to apply to all-cargo operations (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall modify the final rule specified in subsection (b) so that the flightcrew member duty and rest requirements under that rule apply to flightcrew members in all-cargo operations conducted by air carriers in the same manner as those requirements apply to flightcrew members in passenger operations conducted by air carriers. (b) Final rule specified The final rule specified in this subsection is the final rule of the Federal Aviation Administration— (1) published in the Federal Register on January 4, 2012 (77 Fed. Reg. 330); and (2) relating to flightcrew member duty and rest requirements. (c) Applicability of rulemaking requirements The requirements of section 553 of title 5, United States Code, shall not apply to the modification required by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr182ih/xml/BILLS-113hr182ih.xml

113-hr-183

I 113th CONGRESS 1st Session H. R. 183 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy. 1. Short title This Act may be cited as the Veterans Dog Training Therapy Act . 2. Department of Veterans Affairs pilot program on dog training therapy (a) In general Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program for the purpose of assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder symptoms through a therapeutic medium of training service dogs for veterans with disabilities. (b) Duration of pilot program The pilot program required by subsection (a) shall be carried out at least three and not more than five Department of Veterans Affairs medical centers during the five-year period beginning on the date of the commencement of the pilot program. (c) Locations of pilot program In selecting medical centers for the pilot program required under subsection (a), the Secretary shall ensure that each medical center selected provides a training area for educating veterans with mental health conditions in the art and science of service dog training and handling. Such training area shall— (1) include a dedicated space that is suitable for grooming and training dogs indoors; (2) be wheelchair accessible; (3) include classroom or lecture space; (4) include office space for staff; (5) include a suitable space for storing training equipment; (6) provide for periodic use of other training areas for training the dogs with wheelchairs and conducting other exercises; (7) include outdoor exercise and toileting space for dogs; and (8) provide transportation for weekly field trips to train dogs in other environments. (d) Design of pilot program In carrying out the pilot program under this section, the Secretary shall— (1) administer the program through the Recreation Therapy Service of the Department of Veterans Affairs under the direction of a certified recreational therapist with sufficient administrative experience to oversee all pilot program sites; (2) establish, for purposes of overseeing the training of dogs at medical centers selected for the pilot program, a director of service dog training with a background working in social services, experience in teaching others to train service dogs in a vocational setting, and at least one year of experience working with veterans or active duty service members with post-traumatic stress disorder in a clinical setting; (3) ensure that each pilot program site has certified service dog training instructors; (4) ensure that in selecting assistance dogs for use in the program, dogs residing in animal shelters or foster homes are looked at as an option, if appropriate, and ensure that all dogs used in the program have adequate temperament and health clearances; (5) ensure that each service dog in training participating in the pilot program is taught all essential commands pertaining to service dog skills; (6) ensure that each service dog in training lives at the pilot program site or a volunteer foster home in the vicinity of such site while receiving training; (7) ensure that the pilot program involves both lecture of service dog training methodologies and practical hands-on training and grooming of service dogs; and (8) ensure that the pilot program is designed to— (A) maximize the therapeutic benefits to veterans participating in the program; and (B) provide well-trained service dogs to veterans with disabilities. (e) Veteran eligibility A veteran with post-traumatic stress disorder or other post-deployment mental health condition may volunteer to participate in the pilot program under subsection (a) if the Secretary determines that there are adequate program resources available for such veteran at the pilot program site. Veterans may participate in the pilot program in conjunction with the compensated work therapy program of the Department of Veterans Affairs. (f) Hiring preference In hiring service dog training instructors under the pilot program under subsection (a), the Secretary shall give a preference to veterans who have successfully graduated from post-traumatic stress disorder or other residential treatment programs and who have received adequate certification in service dog training. (g) Collection of data The Secretary shall collect data on the pilot program required under subsection (a) to determine how effective the program is for the veterans participating in the program. Such data shall include data to determine how effectively the program assists veterans in— (1) reducing stigma associated with post-traumatic stress disorder or other post-deployment mental health condition; (2) improving emotional regulation; (3) improving patience; (4) instilling or re-establishing a sense of purpose; (5) providing an opportunity to help fellow veterans; (6) reintegrating into the community; (7) exposing the dog to new environments and in doing so, helping the veteran reduce social isolation and withdrawal; (8) building relationship skills, including parenting skills; (9) relaxing the hyper-vigilant survival state; (10) improving sleep patterns; and (11) enabling veterans to decrease the use of pain medication. (h) Reports to Congress Not later than one year after the date of the commencement of the pilot program under subsection (a), and each year thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include— (1) the number of veterans participating in the pilot program; (2) a description of the services carried out by the Secretary under the pilot program; (3) the effects that participating in the pilot program has on the following— (A) symptoms of post-traumatic stress disorder and post-deployment adjustment difficulties, including depression, maintenance of sobriety, suicidal ideations, and homelessness; (B) potentially relevant physiological markers that possibly relate to the interactions with the service dogs; (C) family dynamics; (D) insomnia and pain management; and (E) overall well-being; and (4) the recommendations of the Secretary with respect to the extension or expansion of the pilot program. (i) Definition For the purposes of this section, the term service dog training instructor means an instructor who provides the direct training of veterans with post-traumatic stress disorder and other post-deployment issues in the art and science of service dog training and handling.

https://www.govinfo.gov/content/pkg/BILLS-113hr183ih/xml/BILLS-113hr183ih.xml

113-hr-184

I 113th CONGRESS 1st Session H. R. 184 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Grimm (for himself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property. 1. Short title This Act may be cited as the Mechanical Insulation Installation Incentive Act of 2013 . 2. Expensing of mechanical insulation property (a) In general Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: 179F. Mechanical insulation property (a) Treatment as expenses In addition to any other deduction in this subtitle, there shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year. (b) Applicable percentage For purposes of subsection (a)— (1) In general The term applicable percentage means the lesser of— (A) 30 percent, and (B) the reduction in energy loss (expressed as a percentage) from the installed mechanical insulation property compared to reference mechanical insulation property which meets the minimum requirements of ASHRAE standard 90.1–2007. (2) Special rule relating to maintenance In the case of mechanical insulation property placed in service as a replacement for insulation property— (A) paragraph (1)(B) shall not apply, and (B) the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167. (c) Definitions For purposes of this section— (1) Mechanical insulation property The term mechanical insulation property means insulation materials, facings, and accessory products— (A) placed in service in connection with a mechanical system which— (i) is located in the United States, and (ii) is of a character subject to an allowance for depreciation, and (B) utilized for thermal requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. (2) Cost The cost of mechanical insulation property includes— (A) the amounts paid or incurred for the installation of such property for that incremental portion above the minimums in ASHRAE standard 90.1–2007 and the total insulation cost for maintenance applications, (B) in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property (determined without regard to this subparagraph), and (C) expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property. (d) Coordination Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section. (e) Allocation of deduction for tax-Exempt property In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service. (f) Certification For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy. (g) Termination This section shall not apply to any property placed in service after the end of the 5-year period beginning on the date of the enactment of this section. . (b) Deduction for capital expenditures Section 263(a)(1) of such Code (relating to capital expenditures) is amended by striking or at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting , or , and by adding at the end the following new subparagraph: (M) expenditures for which a deduction is allowed under section 179F. . (c) Technical and clerical amendments (1) Section 312(k)(3)(B) of such Code is amended by striking or 179E each place it appears in the text or heading thereof and inserting 179E, or 179F . (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting 179F, after 179E, . (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: Sec. 179F. Mechanical insulation property. . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr184ih/xml/BILLS-113hr184ih.xml

113-hr-185

I 113th CONGRESS 1st Session H. R. 185 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Hall introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 101 East Pecan Street in Sherman, Texas, as the Paul Brown United States Courthouse . 1. Designation The United States courthouse located at 101 East Pecan Street in Sherman, Texas, shall be known and designated as the Paul Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Paul Brown United States Courthouse .

https://www.govinfo.gov/content/pkg/BILLS-113hr185ih/xml/BILLS-113hr185ih.xml

113-hr-186

I 113th CONGRESS 1st Session H. R. 186 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to permit candidates for election for Federal office to designate an individual who will be authorized to disburse funds of the authorized campaign committees of the candidate in the event of the death of the candidate. 1. Designation of Individual Authorized to Make Campaign Committee Disbursements in Event of Death of Candidate (a) In General Section 302 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432 ) is amended by adding at the end the following new subsection: (j) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (4) Nothing in paragraph (3) may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a). . (b) Inclusion of Designation in Statement of Organization of Committee Section 303(b) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 433(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(j) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section). . 2. Effective Date The amendments made by this Act shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr186ih/xml/BILLS-113hr186ih.xml

113-hr-187

I 113th CONGRESS 1st Session H. R. 187 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources A BILL To correct the boundaries of the John H. Chafee Coastal Barrier Resources System Unit L06, Topsail, North Carolina. 1. Replacement of John H. Chafee Coastal Barrier Resources System map (a) In general The map included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to Unit L06 in North Carolina is hereby replaced by another map relating to the same unit entitled John H. Chafee Coastal Barrier Resources System Corrected Unit L06 and dated ______. (b) Availability The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr187ih/xml/BILLS-113hr187ih.xml

113-hr-188

I 113th CONGRESS 1st Session H. R. 188 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the President to reestablish the Civilian Conservation Corps as a means of providing gainful employment to unemployed and underemployed citizens of the United States through the performance of useful public work, and for other purposes. 1. Short title This Act may be cited as the 21st Century Civilian Conservation Corps Act . 2. Establishment and operation of Civilian Conservation Corps (a) Establishment and purpose In order to relieve the acute condition of widespread distress and unemployment existing in the United States and to provide for the restoration of depleted natural resources in the United States and the advancement of an orderly program of useful public works, the President may establish and operate a Civilian Conservation Corps to employ citizens of the United States, who are otherwise unemployed or underemployed, in the construction, maintenance, and carrying on of works of a public nature in connection with— (1) the forestation of lands belonging to the United States or a State; (2) the prevention of forest fires, floods, and soil erosion; (3) plant pest and disease control; (4) the construction, maintenance, or repair of paths, trails, and fire-lanes in units of the National Park System, public lands, and other lands under the jurisdiction of the Secretary of the Interior and units of the National Forest System; and (5) such other work on Federal or State land incidental to or necessary in connection with any projects of the character enumerated in paragraphs (1) through (4) that the President determines to be desirable. (b) Role of Federal agencies To operate the Civilian Conservation Corps, the President may utilize existing Federal departments and agencies, including the Department of Labor, the Department of Defense, the National Guard Bureau, the Department of the Interior, the Department of Agriculture, the Army Corps of Engineers, the Department of Transportation, the Department of Energy, the Environmental Protection Agency, and Federal governmental corporations. (c) Inclusion of other lands The President may extend the activities of the Civilian Conservation Corps to lands owned by a political subdivision of a State and lands in private ownership, but only for the purpose of conducting such kinds of cooperation work as are otherwise authorized by law in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary and in the public interest to control floods. (d) Contract authority For the purpose of carrying out this Act, the President may enter into such contracts or agreements with States as may be necessary, including provisions for utilization of existing State administrative agencies. (e) Acquisition of real property The President, or the head of any department or agency authorized by the President to construct any project or to carry on any public works under this Act, may acquire real property for such project or public work by purchase, donation, condemnation, or otherwise. 3. Administration of Civilian Conservation Corps (a) Employment preference If the President determines that amounts appropriated to carry out a Civilian Conservation Corps under this Act for a fiscal year will be insufficient to employ all of the citizens of the United States described in section 2(a) who are seeking or likely to seek employment in the Civilian Conservation Corps and continue the employment of current employees who desire to remain in the Civilian Conservation Corps, the President shall employ additional persons in the Civilian Conservation Corps in the following order of preference: (1) Unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces. (2) Unemployed citizens who have exhausted their entitlement to unemployment compensation. (3) Unemployed citizens, who immediately before employment in the Civilian Conservation Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws. (4) Other citizens described in section 2(a). (b) Housing and care of employees The President may provide housing for persons employed in the Civilian Conservation Corps and furnish them with such subsistence, clothing, medical attendance and hospitalization, and cash allowance, as may be necessary, during the period they are so employed. (c) Transportation The President may provide for the transportation of persons employed in the Civilian Conservation Corps to and from the places of employment. (d) Non-Discrimination In employing citizens for the Civilian Conservation Corps, no discrimination shall occur in accordance with Federal employment law; except that no individual under conviction for crime and serving sentence therefore shall be employed under the provisions of this Act. 4. Authorization of appropriations (a) Authorization of appropriations There are authorized to be appropriated to the President $16,000,000,000 for each of fiscal years 2014 through 2017 to establish and operate a Civilian Conservation Corps under this Act. (b) Use of unobligated funds appropriated for public works (1) Use of existing funds The President may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this Act to establish and operate a Civilian Conservation Corps under this Act. (2) Use to relieve unemployment Not less than 80 percent of the funds utilized pursuant to paragraph (1) must be used to provide for the employment of individuals under this Act. (3) Exceptions Paragraph (1) does not apply to— (A) unobligated moneys appropriated for public works on which actual construction has been commenced as of the date of the enactment of this Act or may be commenced within 90 days after that date; and (B) maintenance funds for river and harbor improvements already allocated as of the date of the enactment of this Act. (c) Duration of availability Amounts appropriated pursuant to the authorization of appropriations in subsection (a) or made available under subsection (b) shall remain available until expended. 5. Termination The authority of the President to establish and operate a Civilian Conservation Corps under this Act expires on September 30, 2017.

https://www.govinfo.gov/content/pkg/BILLS-113hr188ih/xml/BILLS-113hr188ih.xml

113-hr-189

I 113th CONGRESS 1st Session H. R. 189 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record. 1. Short title This Act may be cited as the Transparency and Security in Mortgage Registration Act of 2013 . 2. Prohibition on guaranteeing MERS mortgages (a) Fannie Mae and Freddie Mac (1) Fannie Mae Section 302(b) of the National Housing Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: (7) (A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013 , the corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. (B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the corporation. Not later than the expiration of such period, the corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the corporation. The corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. (C) (i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013. (ii) In the case of any mortgage owned, guaranteed, or securitized by the corporation for which the servicer, holder, or creditor has demonstrated to the corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. (D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). (E) For purposes of this paragraph, the following definitions shall apply: (i) The term MERS means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. (ii) The term MERS mortgage means any mortgage— (I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; (II) that is, or was at any time, assigned to or recorded in the MERS; or (III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage. . (2) Freddie Mac Section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) (A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013 , the Corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. (B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the Corporation. Not later than the expiration of such period, the Corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the Corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Corporation. The Corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. (C) (i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013. (ii) In the case of any mortgage owned, guaranteed, or securitized by the Corporation for which the servicer, holder, or creditor has demonstrated to the Corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. (D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the Corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). (E) For purposes of this paragraph, the following definitions shall apply: (i) The term MERS means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. (ii) The term MERS mortgage means any mortgage— (I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; (II) that is, or was at any time, assigned to or recorded in the MERS; or (III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage. . (3) Regulations Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Director shall consult and coordinate with the Secretary of Housing and Urban Development to ensure that the regulations issued by the Director and the regulations issued by the Secretary pursuant to subsection (b)(2) of this section are uniform and consistent to maximum extent possible. (b) Ginnie Mae (1) Prohibition Section 302(c) of the National Housing Act ( 12 U.S.C. 1717(c) ) is amended by adding at the end the following new paragraph: (6) (A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013 , the Association may not newly guarantee the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. (B) (i) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned or held by the Association or on any mortgage contained in a pool backing or on which is based any trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association. (ii) Not later than the expiration of such period, the Association shall require that all mortgage loans that are owned or held at such time by the Association, or that at such time are contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, and on which MERS is the named mortgagee or mortgagee of record, shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Association. The Association shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. (C) (i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2013. (ii) In the case of any mortgage owned or held by the Association, or contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, for which the servicer, holder, or creditor has demonstrated to the Association, in accordance with standards established by the Secretary, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Association, in accordance with standards established by the Secretary, but in no case has a duration longer than 12 months. (D) Not later than the expiration of the 6-month period described in subparagraph (C)(i), the Association shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Secretary, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). (E) For purposes of this paragraph, the following definitions shall apply: (i) The term MERS means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. (ii) The term MERS mortgage means any mortgage— (I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; (II) that is, or was at any time, assigned to or recorded in the MERS; or (III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage. . (2) Regulations Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Secretary shall consult and coordinate with the Director of the Federal Housing Finance Agency to ensure that the regulations issued by the Secretary and the regulations issued by the Director pursuant to subsection (a)(3) of this section are uniform and consistent to maximum extent possible. 3. HUD study (a) Study The Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall conduct a study to analyze and determine— (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various States; (2) any progress States have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development; (3) the current oversight role of the Federal Government in the transfer and recordation of land titles; (4) opportunities, and the feasibility of such opportunities, that may be present to leverage progress made by some States and localities to create an electronic land title recordation system, including through— (A) a system that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title; and (B) further actions by the States or by the Federal Government, or coordinated actions of both; and (5) the feasibility of creating a Federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title. (b) Report Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall submit to the Congress a report on the results and findings of the study conducted under this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr189ih/xml/BILLS-113hr189ih.xml

113-hr-190

I 113th CONGRESS 1st Session H. R. 190 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the filing of certain information regarding a residential mortgage in any proceeding for foreclosure of the mortgage. 1. Short title This Act may be cited as the Produce the Note Act of 2013 . 2. Required information and notice Notwithstanding any other provision of State or Federal law, no foreclosure, whether judicial or nonjudicial, may be commenced with respect to a covered residential mortgage unless the person commencing the foreclosure complies with all of the following requirements: (1) Submission of information The person commencing the foreclosure shall submit to the court, in the case of a judicial foreclosure, or to the office of the State or other subdivision of the State to which notice of default, foreclosure, or sale of the foreclosed property is required under State law to be submitted, in the case of a nonjudicial foreclosure, a report prepared by an independent party that includes the following information: (A) A statement of findings as to whether the covered residential mortgage was made and serviced in compliance with the terms of, and regulations under, the following laws: (i) The Truth in Lending Act ( 15 U.S.C. 1601 ) and Regulation Z of the Board of Governors of the Federal Reserve System under such Act. (ii) The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) and Regulation B of the Board of Governors of the Federal Reserve System under such Act. (iii) The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ). (iv) The Federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). (v) The Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2601 et seq. ) and Regulation X of the Secretary of Housing and Urban Development under such Act. (vi) The Flood Disaster Protection Act of 1973 ( 42 U.S.C. 2002 et seq. ). (vii) The Fair Housing Act ( 42 U.S.C. 3601 et seq. ). (viii) The Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. ). (ix) The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101–73). (x) Any applicable provisions of State and local law relating to real estate lending or consumer protection. (B) Certification of any mortgage modification efforts that were employed and any offers made to the mortgagor by the person commencing the foreclosure. (C) If any noncompliance is found pursuant to subparagraph (A), a statement as to whether the violations are such that the mortgagor should be afforded an extended right, beyond the period permitted under State law— (i) to rescind the mortgage in defense of the foreclosure; or (ii) to redeem the mortgage. (D) Identification of— (i) the actual holder of the mortgage note, the originating lender for the mortgage and all subsequent assignees, and all other parties who have an interest in the real estate that is subject to the mortgage or in the mortgage or the proceeds of the mortgage; and (ii) any parties identified pursuant to clause (i) that received any assistance pursuant to title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) and the amount of any such assistance received. (E) A statement of whether a bona fide default on the covered mortgage has occurred. (F) A description of any hardship circumstances regarding the economic circumstances of the mortgagor that would be relevant to a determination by the mortgagee of whether to modify the mortgage. (G) A statement of whether the mortgage is insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.). (H) A statement of whether the mortgage is, or any terms of the mortgage are, unfair or constitute an unfair or deceptive act or practice violating the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), and if so, a description of the unfairness or the unfair or deceptive act or practice. (I) A statement of whether any material misrepresentations were made that fraudulently induced the mortgagor to enter into the transaction to his or her detriment, and if so, a description of such misrepresentation. (J) Identification of any offsets to the creditor claim on the mortgage. (K) A statement of the racial characteristics, gender, census tract, and income level of the mortgagor, as such terms are used for purposes of compliance with the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. ). (2) Required notification The person commencing the foreclosure shall provide notice to the mortgagor, in writing, not less than 5 days before any action is taken to commence the proceeding or action for foreclosure, and shall certify to the court, in the case of a judicial foreclosure, or to the office of the State or other subdivision of the State to which notice of default, foreclosure, or sale of the foreclosed property is required under State law to be submitted in the case of a nonjudicial foreclosure, that such notice has been provided, that includes the following information: (A) A statement of any rights of the mortgagor under the applicable laws governing the foreclosure and consumer rights. (B) A statement of any deadlines for filing answers, defenses, or objections to the foreclosure, including those rights of the mortgagor under the Real Estate Settlement Procedures Act of 1974 and any applicable State laws. (C) A statement of any penalties and other consequences for the mortgagor if the mortgagor does not respond or file answers to the foreclosure. (D) A statement of the amounts claimed to be in arrears under the mortgage and needed to reinstate the account and all associated costs and fees, set forth in itemized and distinct categories, and current and correct contact information, including telephone numbers, electronic mail addresses, and postal addresses, at which the mortgagor can obtain further information regarding the mortgage account. (E) A description of any additional options, such as mortgage workout, modification, mitigation, and redemption, that might be available to the mortgagor to prevent the foreclosure from proceeding and a description of how the mortgagor can obtain additional information regarding such options. (F) A statement of the correct names, telephone numbers, electronic mail addresses, postal addresses, and any State licensing numbers of the mortgage holder, the mortgage servicer, and the person or persons authorized to take the actions described pursuant to subparagraph (E). 3. Definitions For purposes of this Act, the following definitions shall apply: (1) Independent party The term independent party means, with respect to foreclosure on a covered residential mortgage, an individual who has no interest in, or affiliation with, any party involved in such foreclosure or with the covered residential mortgage involved in such foreclosure, including any party that owns, manages, controls, or directs such an involved party, any party that is owned, managed, controlled, or directed by such an involved party, or any party that is under common ownership, management, control, or direction with such an involved party. (2) Covered residential mortgage The term covered residential mortgage means a mortgage that meets the following requirements: (A) The property securing the obligation under the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (B) The mortgagor under the mortgage shall occupy the property securing the obligation under the mortgage as his or her principal residence. (3) Mortgage (A) In general The term mortgage means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal, or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation. (B) Condominiums and cooperatives Such term includes a first mortgage given to secure— (i) the unpaid purchase price of a fee interest in, or a long-term leasehold interest in, a one-family unit in a multifamily project, including a project in which the dwelling units are attached or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities that serve the project; or (ii) repayment of a loan made to finance the purchase of stock or membership in a cooperative housing corporation the permanent occupancy of dwelling units of which is restricted to members of such corporation, where the purchase of such stock or membership entitles the purchaser to the permanent occupancy of one of such units. 4. Relation to State law This Act does not annul, alter, or affect, or exempt any person subject to the provisions of this Act from complying with, the laws of any State or subdivision thereof with respect to foreclosure on a residential mortgage, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. No provision of the laws of any State or subdivision thereof may be determined to be inconsistent with any provision of this Act if such law is determined to require greater disclosure or notice than is required under this Act or to provide greater protection to the mortgagee than is required under this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr190ih/xml/BILLS-113hr190ih.xml

113-hr-191

I 113th CONGRESS 1st Session H. R. 191 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Ways and Means A BILL To assess the impact of the North American Free Trade Agreement (NAFTA), to require further negotiation of certain provisions of the NAFTA, and to provide for the withdrawal from the NAFTA unless certain conditions are met. 1. Short title This Act may be cited as the NAFTA Accountability Act . 2. Findings The Congress makes the following findings: (1) Rising deficits in united states trade accounts One of the purposes of the North American Free Trade Agreement (NAFTA), as stated in the preamble, is to create an expanded and secure market for goods and services. Instead, the NAFTA has resulted in a spiraling United States trade deficit with Mexico and Canada that exceeded $93,000,000,000 in 2010, and more than $1,300,000,000,000 since the agreement’s inception. Rather than continuous development and expansion as envisioned and growing trade surpluses for the United States, the NAFTA has resulted in United States job losses and escalating trade deficits. (2) Erosion of the united states manufacturing base One of the purposes of the NAFTA is to enhance the competitiveness of firms in the global market. However, rather than increase the ability of the manufacturing sector in the United States to compete in the world market, the NAFTA has facilitated and accelerated the outsourcing of United States manufacturing facilities and jobs to lower-wage Mexico. Conservatively, NAFTA has led to nearly 1,000,000 American job losses. Conversely, Mexico has become an export platform displacing United States production. An unprecedented flood of imports of manufactured and agricultural goods now enter the United States. Further, Mexico has experienced an outsourcing of productivity to even lower-wage China, as Chinese imports to Mexico have grown and are imported into the United States. (3) NAFTA should not be expanded The Congress approved the NAFTA in order to achieve economic, social, and environmental benefits for the people of the United States. Based on currently available information, the goals and objectives of the NAFTA are not being achieved. Therefore, the NAFTA should not be expanded to include any other country. (4) NAFTA to be renegotiated and benefits certified Based on the experience with the NAFTA since its implementation, it has become evident that further negotiation is required to resolve fundamental inadequacies within the NAFTA with respect to trade balances, currency differentials, health and environmental conditions, agricultural provisions, systems of justice, and illegal immigration. If the NAFTA is to continue, Congress must require certification of specific measures of economic, social, legal, and environmental progress. Otherwise Congress has no choice but to withdraw its approval of the NAFTA. 3. Conditions for continued participation in the NAFTA (a) In general (1) Withdrawal of approval Notwithstanding any other provision of law, unless each of the conditions described in paragraph (2) is met— (A) the approval of the NAFTA by the Congress provided for in section 101(a) of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3311(a) ) shall cease to be effective beginning on the date that is 365 days after the date of the enactment of this Act; and (B) not later than 200 days after the date of the enactment of this Act, the President shall provide written notice of withdrawal to the Governments of Canada and Mexico in accordance with Article 2205 of the NAFTA. (2) Conditions for continuing participation in nafta The conditions described in this paragraph are met if, not later than 120 days after the date of the enactment of this Act— (A) the President— (i) renegotiates the terms of the NAFTA in accordance with paragraphs (1), (2), and (3) of subsection (b); and (ii) provides the certification to the Congress described in subsection (b)(8); (B) the Secretary of Labor and the Secretary of Agriculture provide the certification described in subsection (b)(4); (C) the Secretary of Commerce and the Secretary of Agriculture provide the certification described in subsection (b)(5); (D) the Secretary of Agriculture and the Administrator of the Food and Drug Administration provide the certification described in subsection (b)(6)(A); (E) the Administrator of the Environmental Protection Agency submits the certification described in subsection (b)(6)(B); and (F) the Attorney General of the United States provides the certification described in subsection (b)(7). (b) Areas of renegotiation and certification The areas of renegotiation and certification described in this subsection are as follows: (1) Renegotiate the nafta to correct trade deficits The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for implementation of emergency adjustments of tariffs, quotas, and other measures to stabilize and balance the flow of trade among the NAFTA Parties when the United States has an annual deficit in trade of goods and services with another NAFTA Party that— (A) exceeds 10 percent of United States exports to that Party; or (B) equals or exceeds $500,000,000 for 3 or more consecutive years. (2) Renegotiate the nafta to correct currency distortions The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to provide for the implementation of emergency adjustments of tariffs, quotas, and other measures to mitigate the adverse effects of rapid or substantial changes in exchange rates between the United States dollar and the currency of another NAFTA Party. (3) Renegotiate the nafta to correct agricultural provisions The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of the NAFTA to establish and strengthen provisions to prevent imports of agricultural commodities from any NAFTA Party from unfairly displacing United States production, to provide improved mechanisms for relief for United States producers that are adversely impacted by such imports, and to address the serious and growing problem of Mexico’s displaced ejido peasant farmers and crime associated with lawlessness in the United States–Mexico border zone. (4) Certification of gains in united states jobs and living standards If the Secretary of Labor and the Secretary of Agriculture, after consultation with appropriate government agencies and citizen organizations, determine that— (A) the number of jobs resulting from increased exports of United States goods and services to other NAFTA Parties exceeds the number of jobs lost because of imports of goods and services from other NAFTA Parties since January 1, 1994; and (B) the purchasing power of wage-earners in the United States has increased since January 1, 1994, the Secretaries shall so certify to the Congress. (5) Certification of increased domestic manufacturing If the Secretary of Commerce and the Secretary of Agriculture, after consultation with the appropriate government agencies and citizen organizations, determine that the export of United States manufactured and agricultural goods to the NAFTA Parties exceeds the imports of manufactured and agricultural goods from the NAFTA Parties, the Secretaries shall so certify to the Congress. In making the determination, the Secretaries shall not include any goods originating outside the United States that are exported to another NAFTA Party, nor imports from another NAFTA Party that are destined for other countries. (6) Certification relating to health and environmental standards (A) In general If the Secretary of Agriculture and the Administrator of the Food and Drug Administration, after consultation with appropriate government agencies and citizen organizations, determine, with respect to imports from NAFTA Parties, that since January 1, 1994, there has been a reduced incidence of contaminated and adulterated food, food containing additives or pesticide residues exceeding United States standards, or food containing additives or pesticide residues which cannot be legally used in the United States, the Secretary and Administrator shall so certify to the Congress. In making this determination, all foods and food products, including fruits, vegetables, grains, oilseeds, and meats, both fresh and processed, shall be reviewed. (B) Border area pollution If the Administrator of the Environmental Protection Agency determines that conditions affecting public health in the United States–Mexico border zone have not worsened since January 1, 1994, the Administrator shall so certify to the Congress. (7) Certification relating to illegal drugs If the Attorney General of the United States determines, after a review by the Drug Enforcement Administration and consultation with appropriate government agencies and citizen organizations, that increased imports from the NAFTA Parties are not resulting in an increase in crime with illegal drugs or other controlled substances from Mexico or Canada, the Attorney General shall so certify to the Congress. (8) Certification relating to democracy and human freedoms If the President, after consultation with appropriate government agencies, international organizations, and citizen organizations, determines that the Government of Mexico— (A) is elected in free and fair elections; (B) protects the rights of its citizens to organize into political parties; (C) protects the rights of its citizens to free speech and the right of the news media to operate without fear of government control or reprisal; (D) protects the rights of its citizens to assemble and to organize associations to advance human rights and economic opportunities; and (E) receives fair and impartial litigation of suits and trials according to the rule of law in a transparent justice system, the President shall so certify to the Congress. 4. Sense of Congress that NAFTA not be expanded Until such time as the conditions described in section 3(b) are met, it is the sense of the Congress that the President should not engage in negotiations to expand the NAFTA to include other countries and that trade promotion authority should not be renewed with respect to the approval of any such expansion of the NAFTA. 5. Definitions In this Act: (1) NAFTA The term NAFTA means the North American Free Trade Agreement entered into between the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA party The term NAFTA Party means the United States, Canada, or Mexico. (3) United States–Mexico border zone The term United States–Mexico border zone means the area that comprises the 12-mile zone on the Mexican side of the United States–Mexico border and the counties within any State of the United States that are contiguous with Mexico.

https://www.govinfo.gov/content/pkg/BILLS-113hr191ih/xml/BILLS-113hr191ih.xml

113-hr-192

I 113th CONGRESS 1st Session H. R. 192 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that, in cases in which the annual trade deficit between the United States and another country is $10,000,000,000 or more for 3 consecutive years, the President take the necessary steps to create a more balanced trading relationship with that country. 1. Short title This Act may be cited as the Balancing Trade Act of 2013 . 2. Action by the President in cases of large consecutive annual trade deficits with other countries (a) Action by the President If in 3 consecutive calendar years the United States has a trade deficit with another country of $10,000,000,000 or more, the President shall take the necessary steps to create a trading relationship with the country that would eliminate or substantially reduce that trade deficit, by entering into an agreement with that country or otherwise. (b) Definition In this section, the term trade deficit means, with respect to the United States and another country, that the value of goods and services that are products of that country and are imported into the United States from that country exceeds the value of goods and services that are products of the United States and are exported from the United States to that country. (c) Reports (1) Initial report Not later than 3 months after the date of the enactment of this Act, the President shall submit to the Congress a report setting forth— (A) the likely reasons for the trade deficits with each country to which subsection (a) applies, as of the date of the report; and (B) the steps the President intends to take under subsection (a) with respect to each such country. (2) Annual reports The President shall submit to the Congress, not later than December 31 of each year, a report on actions taken to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr192ih/xml/BILLS-113hr192ih.xml

113-hr-193

I 113th CONGRESS 1st Session H. R. 193 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay fees set by the Secretary for retaining such seed, and for other purposes. 1. Short Title This Act may be cited as the Seed Availability and Competition Act of 2013 . 2. Retaining Patented Seed (a) Registration Any person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person— (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained. (b) Fees The Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1). (c) Refunds The Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions The Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c). (e) Patented Seed Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Patented Seed Fund , consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration The Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders. (f) Inapplicability of contracts and patent fees A person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition In this section, the term patented seed means seed for which a person holds a valid patent. 3. Tariff on certain imported products (a) Tariff In any case in which— (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies, in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of duties There shall be deposited in the Patented Seed Fund established under section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definitions In this section— (1) the term genetically modified seed means any seed that contains a genetically modified material, was produced with a genetically modified material, or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term genetically modified material means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis.

https://www.govinfo.gov/content/pkg/BILLS-113hr193ih/xml/BILLS-113hr193ih.xml

113-hr-194

I 113th CONGRESS 1st Session H. R. 194 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the applicability of the Buy American Act to products purchased for the use of the legislative branch, to prohibit the application of any of the exceptions to the requirements of such Act to products bearing an official Congressional insignia, and for other purposes. 1. Short Title This Act may be cited as the Congressional Made in America Promise Act of 2013 . 2. Applicability of Buy American Act to Legislative Branch; No Exceptions for Products Bearing Official Congressional Insignia (a) In general Section 8302 of title 41, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: (b) Clarification of Applicability to Articles, Materials, and Supplies for Use of Legislative Branch (1) Applicability to legislative branch Except as provided in paragraph (2), subsection (a) applies with respect to articles, materials, and supplies acquired for the use of any office in the legislative branch, including the House of Representatives and the Senate, in the same manner as such subsection applies with respect to articles, materials, and supplies acquired for the use of a department or independent establishment. (2) Special rule for products bearing official Congressional insignia In the case of any product which bears an official insignia (including a mark resembling an official seal) of the United States House of Representatives, the United States Senate, or the United States Congress and which is acquired for the use of an office of the legislative branch, the following shall apply: (A) The head of the office may not make a determination under subsection (a)(1) that it is inconsistent with the public interest to enter into a contract in accordance with this Act. (B) The exception under subparagraph (B) of subsection (a)(2) shall not apply. (C) The exception under subparagraph (C) of subsection (a)(2) shall not apply. . (b) Conforming Amendment Section 69 of the Revised Statutes of the United States ( 2 U.S.C. 109 ) is repealed. 3. Effective Date The amendments made by this Act shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr194ih/xml/BILLS-113hr194ih.xml

113-hr-195

I 113th CONGRESS 1st Session H. R. 195 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures by multicandidate political committees controlled by foreign-owned corporations, and for other purposes. 1. Short title This Act may be cited as the Ethics in Foreign Lobbying Act of 2013 . 2. Prohibition of contributions and expenditures by multicandidate political committees or separate segregated funds sponsored by foreign-controlled corporations and associations Title III of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441 et seq. ) is amended by adding at the end the following new section: 325. Prohibition of contributions and expenditures by multicandidate political committees sponsored by foreign-controlled corporations and associations (a) Notwithstanding any other provision of law— (1) no multicandidate political committee or separate segregated fund of a foreign-controlled corporation may make any contribution or expenditure with respect to an election for Federal office; and (2) no multicandidate political committee or separate segregated fund of a trade organization, membership organization, cooperative, or corporation without capital stock may make any contribution or expenditure with respect to an election for Federal office if 50 percent or more of the operating fund of the trade organization, membership organization, cooperative, or corporation without capital stock is supplied by foreign-controlled corporations or foreign nationals. (b) The Commission shall— (1) require each multicandidate political committee or separate segregated fund of a corporation to include in the statement of organization of the multicandidate political committee or separate segregated fund a statement (to be updated annually and at any time when the percentage goes above or below 50 percent) of the percentage of ownership interest in the corporation that is controlled by persons other than citizens or nationals of the United States; (2) require each trade association, membership organization, cooperative, or corporation without capital stock to include in its statement of organization of the multicandidate political committee or separate segregated fund (and update annually) the percentage of its operating fund that is derived from foreign-owned corporations and foreign nationals; and (3) take such action as may be necessary to enforce subsection (a). (c) The Commission shall maintain a list of the identity of the multicandidate political committees or separate segregated funds that file reports under subsection (b), including a statement of the amounts and percentage reported by such multicandidate political committees or separate segregated funds. (d) As used in this section— (1) the term foreign-owned corporation means a corporation at least 50 percent of the ownership interest of which is controlled by persons other than citizens or nationals of the United States; (2) the term multicandidate political committee has the meaning given that term in section 315(a)(4); (3) the term separate segregated fund means a separate segregated fund referred to in section 316(b)(2)(C); and (4) the term foreign national has the meaning given that term in section 319. . 3. Prohibition of certain election-related activities of foreign nationals Section 319 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441e ) is amended by adding at the end the following new subsection: (c) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person, such as a corporation, labor organization, or political committee, with regard to such person’s Federal or non-Federal election-related activities, such as decisions concerning the making of contributions or expenditures in connection with elections for any local, State, or Federal office or decisions concerning the administration of a political committee. . 4. Establishment of a clearinghouse of political activities information within the Federal Election Commission (a) Establishment There shall be established within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and agents of foreign principals. The information comprising this clearinghouse shall include only the following: (1) All registrations and reports filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the preceding 5-year period. (2) All registrations and reports filed pursuant to the Foreign Agents Registration Act, as amended ( 22 U.S.C. 611 et seq. ), during the preceding 5-year period. (3) The listings of public hearings, hearing witnesses, and witness affiliations printed in the Congressional Record during the preceding 5-year period. (4) Public information disclosed pursuant to the rules of the Senate or the House of Representatives regarding honoraria, the receipt of gifts, travel, and earned and unearned income. (5) All reports filed pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) during the preceding 5-year period. (6) All public information filed with the Federal Election Commission pursuant to the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) during the preceding 5-year period. (b) Disclosure of Other Information Prohibited The disclosure by the clearinghouse, or any officer or employee thereof, of any information other than that set forth in subsection (a) is prohibited, except as otherwise provided by law. (c) Director of Clearinghouse (1) The clearinghouse shall have a Director, who shall administer and manage the responsibilities and all activities of the clearinghouse. (2) The Director shall be appointed by the Federal Election Commission. (3) The period of the Director’s term of service shall be determined by the Commission, but may not exceed 5 years. (4) No individual appointed to serve a term as the Director may serve for an additional term. (d) Ensuring Sufficient Staff and Other Resources The Commission shall ensure that the Director has sufficient resources, including staff, to carry out the Director’s duties and responsibilities under this Act. (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to conduct the activities of the clearinghouse. 5. Duties and responsibilities of the Director of the clearinghouse (a) In General It shall be the duty of the Director of the clearinghouse established under section 4— (1) to develop a filing, coding, and cross-indexing system to carry out the purposes of this Act (which shall include an index of all persons identified in the reports, registrations, and other information comprising the clearinghouse); (2) notwithstanding any other provision of law, to make copies of registrations, reports, and other information comprising the clearinghouse available for public inspection and copying, beginning not later than 30 days after the information is first available to the public, and to permit copying of any such registration, report, or other information by hand or by copying machine or, at the request of any person, to furnish a copy of any such registration, report, or other information upon payment of the cost of making and furnishing such copy, except that no information contained in such registration or report and no such other information shall be sold or used by any person for the purpose of soliciting contributions or for any profit-making purpose; (3) to compile and summarize, for each calendar quarter, the information contained in such registrations, reports, and other information comprising the clearinghouse in a manner which facilitates the disclosure of political activities, including, but not limited to, information on— (A) political activities pertaining to issues before the Congress and issues before the executive branch; and (B) the political activities of individuals, organizations, foreign principals, and agents of foreign principals who share an economic, business, or other common interest; (4) to make the information compiled and summarized under paragraph (3) available to the public within 30 days after the close of each calendar quarter, and to publish such information in the Federal Register at the earliest practicable opportunity; (5) not later than 150 days after the date of the enactment of this Act and at any time thereafter, to prescribe, in consultation with the Comptroller General, such rules, regulations, and forms, in conformity with the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of section 4 and this section in the most effective and efficient manner; and (6) at the request of any Member of the Senate or Member of the House of Representatives, to prepare and submit to such Member a study or report relating to the political activities of any person and consisting only of the information in the registrations, reports, and other information comprising the clearinghouse. (b) Definitions As used in this section— (1) the terms foreign principal and agent of a foreign principal have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ); (2) the term issue before the Congress means the total of all matters, both substantive and procedural, relating to— (A) any pending or proposed bill, resolution, report, nomination, treaty, hearing, investigation, or other similar matter in either the Senate or the House of Representatives or any committee or office of the Congress; or (B) any pending action by a Member, officer, or employee of the Congress to affect, or attempt to affect, any action or proposed action by any officer or employee of the executive branch; (3) the term issue before the executive branch means the total of all matters, both substantive and procedural, relating to any pending action by any executive agency, or by any officer or employee of the executive branch, concerning— (A) any pending or proposed rule, rule of practice, adjudication, regulation, determination, hearing, investigation, contract, grant, license, negotiation, or the appointment of officers and employees, other than appointments in the competitive service; or (B) any issue before the Congress; and (4) the term Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress. 6. Penalties for disclosure Any person who discloses information in violation of section 4(b), and any person who sells or uses information for the purpose of soliciting contributions or for any profit-making purpose in violation of section 5(a)(2), shall be imprisoned for a period of not more than 1 year, or fined under title 18, United States Code, or both. 7. Amendments to the Foreign Agents Registration Act of 1938 (a) Quarterly Reports Section 2(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 612(b) ), is amended in the first sentence by striking , within thirty days and all that follows through preceding six months’ period and inserting the following: on January 31, April 30, July 31, and October 31 of each year, file with the Attorney General a supplement thereto on a form prescribed by the Attorney General, which shall set forth regarding the three-month periods ending the previous December 31, March 31, June 30, and September 30, respectively, or if a lesser period, the period since the initial filing, . (b) Exemption for Legal Representation Section 3(g) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 613(g) ) is amended by adding at the end the following: A person may be exempt under this subsection only upon filing with the Attorney General a request for such exemption. . (c) Civil Penalties Section 8 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 618 ) is amended by adding at the end the following: (i) (1) Any person who is determined, after notice and opportunity for an administrative hearing— (A) to have failed to file a registration statement under section 2(a) or a supplement thereto under section 2(b), (B) to have omitted a material fact required to be stated therein, or (C) to have made a false statement with respect to such a material fact, shall be required to pay a civil penalty in an amount not less than $2,000 or more than $5,000 for each violation committed. In determining the amount of the penalty, the Attorney General shall give due consideration to the nature and duration of the violation. (2) (A) In conducting investigations and hearings under paragraph (1), administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing. (B) In the case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and, upon application by the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as contempt thereof. .

https://www.govinfo.gov/content/pkg/BILLS-113hr195ih/xml/BILLS-113hr195ih.xml

113-hr-196

I 113th CONGRESS 1st Session H. R. 196 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Latta (for himself, Mrs. Black , Mr. McKinley , Mr. Miller of Florida , Ms. Bordallo , Mr. Lance , Mr. Nugent , Mr. Wittman , Mr. Marchant , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate automatic pay adjustments for Members of Congress, and for other purposes. 1. Elimination of automatic pay adjustments for Members of Congress (a) In general Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ) is repealed. (b) Conforming amendments Section 601(a)(1) of such Act is amended— (1) by striking (a)(1) and inserting (a) ; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking , as adjusted by paragraph (2) of this subsection . 2. Effective date This Act and the amendments made by this Act shall take effect on December 31, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr196ih/xml/BILLS-113hr196ih.xml

113-hr-197

I 113th CONGRESS 1st Session H. R. 197 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to repeal the denial of food stamp eligibility of ex-offenders. 1. Short title This Act may be cited as the Food Assistance to Improve Reintegration Act of 2013 . 2. Repeal of denial of benefits Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is amended— (1) in subsection (a) by striking paragraph (2); (2) in subsection (b) by striking paragraph (2); and (3) in subsection (e) by striking paragraph (2).

https://www.govinfo.gov/content/pkg/BILLS-113hr197ih/xml/BILLS-113hr197ih.xml

113-hr-198

I 113th CONGRESS 1st Session H. R. 198 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California (for herself, Mr. Conyers , Mr. Ellison , Mr. Grijalva , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To repeal Public Law 107–40 . 1. Short title This Act may be cited as the Repeal of the Authorization for Use of Military Force . 2. Congressional finding Congress finds that the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note), signed into law on September 18, 2001, has been used to justify a broad and open-ended authorization for the use of military force and such an interpretation is inconsistent with the authority of Congress to declare war and make all laws for executing powers vested by the Constitution in the Government of the United States. 3. Repeal of Public Law 107–40 Effective 180 days after the date of the enactment of this Act, the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) is hereby repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr198ih/xml/BILLS-113hr198ih.xml

113-hr-199

I 113th CONGRESS 1st Session H. R. 199 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee 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 limit the deductibility of excessive rates of executive compensation. 1. Short title This Act may be cited as the Income Equity Act of 2013 . 2. Denial of deduction for payments of excessive compensation (a) In general Section 162 of the Internal Revenue Code of 1986 (relating to deduction for trade or business expenses) is amended by inserting after subsection (h) the following new subsection: (i) Excessive compensation (1) In general No deduction shall be allowed under this chapter for any excessive compensation with respect to any full-time employee. (2) Excessive compensation For purposes of this subsection, the term excessive compensation means, with respect to any employee, the amount by which— (A) the compensation for services performed by such employee during the taxable year, exceeds (B) the greater of— (i) an amount equal to 25 times the lowest compensation for services performed by any other full-time employee during such taxable year, or (ii) $500,000. (3) Definitions and special rules For purposes of this subsection— (A) Compensation (i) In general The term compensation includes wages, salary, deferred compensation, retirement contributions, options, bonuses, property, and any other form of compensation or bonus that the Secretary of the Treasury determines is appropriate. (ii) Part-year employees In the case of any part-year employee, the compensation of the employee shall be computed on an annualized basis. (B) Employer All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as 1 employer. (4) Reporting Each employer who provides compensation in any taxable year to any employee in an amount which is more than 25 times the amount of the lowest-compensated full-time employee, shall file a report with the Secretary containing— (A) the compensation of the lowest-compensated full-time employee, (B) the average pay of all non-managerial employees, (C) the average pay of all executive staff, and (D) the exact compensation of the top 5 employees of the company. Any such report shall be filed at such time and in such manner as the Secretary may require. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr199ih/xml/BILLS-113hr199ih.xml

113-hr-200

I 113th CONGRESS 1st Session H. R. 200 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California (for herself, Mr. Jones , Mr. Conyers , Mr. Capuano , Ms. Chu , Mr. Grijalva , Mr. Nadler , Ms. Slaughter , Ms. Velázquez , Mr. Welch , Mr. Ellison , Ms. Moore , Mr. Rangel , Ms. Clarke , Mr. Holt , Ms. Pingree of Maine , Ms. Speier , Mr. Tonko , Mr. Loebsack , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that funds for operations of the Armed Forces in Afghanistan shall be obligated and expended only for purposes of providing for the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan. 1. Short title This Act may be cited as the Responsible End to the War in Afghanistan Act . 2. Statement of policy It is the policy of the United States to ensure that funds made available for operations of the Armed Forces in Afghanistan are to be used only for purposes of providing for the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan. 3. Limitation on use of funds for operations of the Armed Forces in Afghanistan (a) Limitation Funds appropriated or otherwise made available under any provision of law for operations of the Armed Forces in Afghanistan shall be obligated and expended only for purposes of providing for the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan. (b) Rule of construction Nothing in this Act shall be construed— (1) to authorize the use of funds for the continuation of combat operations in Afghanistan while carrying out the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan; and (2) to prohibit or otherwise restrict the use of funds available to any department or agency of the United States to carry out diplomatic efforts or humanitarian, development, or general reconstruction activities in Afghanistan.

https://www.govinfo.gov/content/pkg/BILLS-113hr200ih/xml/BILLS-113hr200ih.xml

113-hr-201

I 113th CONGRESS 1st Session H. R. 201 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Lee of California 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 require poverty impact statements for certain legislation. 1. Short title This Act may be cited as the Poverty Impact Trigger Act of 2013 . 2. Certain poverty impact legislation subject to point of order Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Certain legislation reported by committees 12. It shall not be in order to consider a bill or joint resolution of a public nature authorizing an appropriation of $10,000,000 or more, unless— (a) the committee report accompanying the bill or joint resolution includes a CBO Poverty Index Division impact statement; or (b) the chair of the committee reporting the bill or joint resolution submits such statement to be published in the Congressional Record before consideration of the bill or joint resolution. . 3. Congressional budget office poverty impact division (a) In General Section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 ) is amended by adding at the end the following new subsection: (h) CBO Poverty Impact Division (1) Creation There is established within the Office the CBO Poverty Impact Division (hereinafter in this subsection referred to as the Division ). (2) Duties and functions (A) Preparation and submission of impact statement When a chair of a committee of the House of Representatives submits a written request to the Division to prepare and submit to the committee a CBO Poverty Index Division impact statement, the Division shall prepare and submit such statement to the committee not later than 30 days after such request. (B) Content of impact statement A CBO Poverty Index Division impact statement shall include the following: (i) A projected ratio equal to the amount of appropriations authorized in the bill or joint resolution that will benefit individuals and families below the poverty threshold over the total amount of appropriations authorized by the bill or joint resolution. (ii) A projection of the number of individual and family incomes— (I) that may decrease below the poverty threshold because of the bill or joint resolution; and (II) that may increase above the poverty threshold because of the bill or joint resolution. (iii) A projection as to how the legislation improves access to basic human services, including health care, housing, and education. (C) Poverty threshold defined In this subsection, the term poverty threshold means an income level below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act). . 4. Exercise of rulemaking powers Section 2 of this Act is enacted by the House of Representatives— (1) as an exercise of the rulemaking power of the House of Representatives and as such it shall be considered as part of the rules of the House of Representatives and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with the full recognition of the constitutional right of the House of Representatives to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives. 5. Effective date The amendments made by this Act shall apply to any bill or joint resolution reported by a committee of the House of Representatives after the 90-day period beginning on the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr201ih/xml/BILLS-113hr201ih.xml

113-hr-202

I 113th CONGRESS 1st Session H. R. 202 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. McClintock introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes. 1. Limitation on citizen suit provision Section 505 of the Federal Water Pollution Control Act ( 33 U.S.C. 1365 ) is amended— (1) in subsection (a) by striking subsection (b) and inserting subsections (b) and (i) ; and (2) by adding at the end the following: (i) Limitation for POTW suits (1) In general No action may be commenced under subsection (a)(1) by a citizen with respect to a publicly owned treatment works to enforce an effluent standard or limitation under this Act or an order issued by the Administrator or a State with respect to such a standard or limitation unless the publicly owned treatment works is in significant non-compliance, as defined in the Environmental Protection Agency’s December 12, 1996, guidance document entitled A General Design for SNC Redefinition Enhancement in PCS . (2) Exception Notwithstanding paragraph (1), no action may be commenced under subsection (a)(1) with respect to a publicly owned treatment works that is in significant non-compliance based on a manual designation, as defined in the Environmental Protection Agency’s December 12, 1996, guidance document entitled ‘A General Design for SNC Redefinition Enhancement in PCS’. . 2. Affirmative defenses Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended by adding at the end the following: (h) Affirmative defenses (1) In general There shall be no liability under this Act for a person otherwise liable for the unlawful discharge of a pollutant from a publicly owned treatment works who can establish by a preponderance of the evidence that the immediate cause of the unlawful discharge and any damages was— (A) an act of God; (B) an act of war; (C) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant, if the defendant establishes by a preponderance of the evidence that— (i) he exercised due care in light of all relevant facts and circumstances; and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or (D) any combination of the foregoing subparagraphs. (2) Additional defenses All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under this Act and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience. . 3. Waiting period In implementing the Federal Water Pollution Control Act, the Administrator of the Environmental Protection Agency or a State, as the case may be, shall provide a 60-day waiting period between the notice of a violation of the Act by a publicly owned treatment works and the issuance of a civil penalty. If within such 60-day period the publicly owned treatment works submits a viable plan for correcting the non-compliance that is the subject of the notice and thereafter diligently implements such plan, the Administrator shall not assess a civil penalty for the notice of violation. 4. Permit length (a) In general Notwithstanding any other law, any permit issued to the owner or operator of a publicly owned treatment works by the Administrator of the Environmental Protection Agency or a State, as the case may be, to discharge a pollutant under the Federal Water Pollution Control Act shall have a 15-year term. (b) Conforming amendment Section 402(b)(1)(B) of the Federal Water Pollution Control Act is amended by striking five years and inserting 5 years, or, in the case of a publicly owned treatment works, 15 years . 5. Attorney’s fees Section 505(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1365(d) ) is amended by inserting after the first sentence the following: With respect to an action involving a publicly owned treatment works, the court, in determining whether the costs of litigation (including attorney and expert witness fees) are reasonable, shall consider the prevailing rate of such fees in the community where the publicly owned treatment works is located. . 6. Cost benefit analysis Notwithstanding any other law, any new or increased treatment requirement associated with a permit issued to the owner or operator of a publicly owned treatment works by the Administrator of the Environmental Protection Agency or a State, as the case may be, to discharge a pollutant under the Federal Water Pollution Control Act shall be subject to a cost-benefit analysis performed by the Administrator or the State to ensure that the costs imposed on such owner or operator to comply with such new or increased requirement are outweighed by the benefit to the public of the new or increased requirement.

https://www.govinfo.gov/content/pkg/BILLS-113hr202ih/xml/BILLS-113hr202ih.xml

113-hr-203

I 113th CONGRESS 1st Session H. R. 203 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Mulvaney (for himself, Mr. Ribble , Mr. Jones , Mr. Farenthold , Mr. Westmoreland , Mr. Coffman , Mr. Roe of Tennessee , Mr. Schweikert , Mr. Owens , Mr. Lankford , Mr. Tiberi , Mr. Amodei , and Mr. Graves of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to revise certain rules under titles II and III of the Americans with Disabilities Act of 1990 relating to accessible means of entry to pools. 1. Short title This Act may be cited as the Pool Safety and Accessibility for Everyone Act or the Pool SAFE Act . 2. Findings Congress finds the following: (1) One of the purposes of the Americans with Disabilities Act of 1990 is to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities . (2) The Nation’s proper goals regarding individuals with disabilities are to ensure equality of opportunity and full participation for such individuals. (3) The Department of Justice’s revised regulations for titles II and III of the Americans with Disabilities Act of 1990 (as in effect on the date of enactment of this Act) recognize that public accommodations should provide access to their amenities to individuals with disabilities. (4) It is important for public accommodations to provide access to their amenities, including pools, to individuals with disabilities. (5) Public accommodations should provide access to their amenities, including pools, in a reasonable, efficient, and expedient manner that accounts for the interests of individuals with disabilities and also considers other legitimate concerns, such as safety and feasibility. (6) The revised regulations for titles II and III of the Americans with Disabilities Act of 1990, as the regulations relate to the accessibility of pools at public accommodations, do not reasonably or adequately balance the access needs of individuals with disabilities with other legitimate, and sometimes competing, safety and feasibility concerns. 3. Revision of rules (a) Extension of compliance deadline (1) In general No suit may be brought for an alleged violation of the revised regulations for titles II and III of the Americans with Disabilities Act of 1990 (part 36 of title 28, Code of Federal Regulations, as in effect on the date of enactment of this Act) regarding the requirements for a public accommodation or commercial facility to provide an accessible means of entry to pools that occurred on or after January 31, 2013, and before the date that is 1 year after the date of enactment of this Act. The Attorney General may not investigate or initiate a compliance review of such an alleged violation. (2) Pending proceedings dismissed Beginning on the date of enactment of this Act, any suit against a public accommodation or commercial facility for a violation described in paragraph (1) that is brought on or after January 31, 2013, and before the date of enactment of this Act, shall be dismissed. (b) Revision of rules Not later than 60 days after the date of enactment of this Act, the Attorney General shall revise section 36.304 of title 28, Code of Federal Regulations, and any other appropriate rules in part 36 of such title to provide that— (1) a public accommodation or commercial facility that has a pool and uses a portable pool lift on request shall be in compliance with the requirement under such rules to provide an accessible means of entry to such pool, even if installation of a permanent lift is readily achievable; and (2) a public accommodation or commercial facility that has more than 1 pool and uses 1 portable pool lift on request for all such pools shall be in compliance with the requirement under such rules to provide an accessible means of entry to each such pool. (c) Definitions (1) Commercial facilities; public accommodation The terms commercial facilities and public accommodation have the meanings given the terms in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181). (2) Pool The term pool means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, other water amusement, or any other manmade body of water to which part 36 of title 28, Code of Federal Regulations, requires a public accommodation or commercial facility to provide an accessible means of entry.

https://www.govinfo.gov/content/pkg/BILLS-113hr203ih/xml/BILLS-113hr203ih.xml

113-hr-204

I 113th CONGRESS 1st Session H. R. 204 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Administrator of the Environmental Protection Agency to waive any emission standard or other requirement under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) applicable to the control of asbestos emissions in the demolition or renovation of a condemned building for which there is a reasonable expectation of structural failure. 1. Short title This Act may be cited as the Common Sense Waiver Act of 2013 . 2. Waiver from asbestos NESHAP requirements for demolition or renovation of condemned buildings (a) Waiver At the request of a State or local government, the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator ) may waive any emission standard or other requirement under section 112 of the Clean Air Act (42 U.S.C. 7412) applicable to the control of asbestos emissions in the demolition or renovation of a building. (b) Standard for approval The Administrator may approve a request for a waiver under subsection (a) only if the request demonstrates that— (1) the building has been condemned; and (2) there is a reasonable expectation of the building’s structural failure. (c) Time period for approval or disapproval of request for waiver The Administrator shall approve or disapprove a request for a waiver under subsection (a) within 90 days after the date on which the request is received by the Administrator. If the Administrator fails to approve or disapprove such a request by the end of such 90-day period, the request is deemed to be approved.

https://www.govinfo.gov/content/pkg/BILLS-113hr204ih/xml/BILLS-113hr204ih.xml

113-hr-205

I 113th CONGRESS 1st Session H. R. 205 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Loretta Sanchez 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 treatment of certain retirement plan contributions picked up by governmental employers. 1. Clarification of treatment of certain retirement plan contributions picked up by governmental employers (a) In general Paragraph (2) of section 414(h) of the Internal Revenue Code of 1986 is amended— (1) by striking For purposes of paragraph (1) and inserting the following: (A) In general For purposes of paragraph (1) , and (2) by adding at the end the following new subparagraph: (B) Treatment of elections between alternative benefit formulas (i) In general For purposes of subparagraph (A), a contribution shall not fail to be treated as picked up by an employing unit merely because the employee may make an irrevocable election between the application of two alternative benefit formulas involving the same or different levels of employee contributions. (ii) Application to existing employees Clause (i) shall be applied without regard to whether the employee is already covered by one of the benefit formulas referred to therein. . (b) Effective date The amendment made by this section shall apply to years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr205ih/xml/BILLS-113hr205ih.xml

113-hr-206

I 113th CONGRESS 1st Session H. R. 206 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Loretta Sanchez of California (for herself and Ms. Foxx ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 title 18, United States Code, with respect to the offense of stalking. 1. Short title This Act may be cited as the STALKERS Act of 2013 . 2. Stalking (a) In general Section 2261A of title 18, United States Code, is amended to read as follows: 2261A. Stalking (a) Whoever, with intent to kill, physically injure, harass, or intimidate a person, or place under surveillance with the intent to kill, physically injure, harass, or intimidate a person, travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, and in the course of, or as a result of, such travel— (1) causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; or (2) engages in conduct that would be reasonably expected to cause the other person serious emotional distress; shall be punished as provided in subsection (c). (b) Whoever, with intent to kill, physically injure, harass, or intimidate a person, engages in a course of conduct in or substantially affecting interstate or foreign commerce that— (1) causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; or (2) occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress; shall be punished as provided in subsection (c). (c) The punishment for an offense under this section is the same as that for an offense under section 2261, except that— (1) if the offense involves conduct in violation of a protection order; and (2) if the victim of the offense is under the age of 18 years or over the age of 65 years, the offender has reached the age of 18 years at the time the offense was committed, and the offender knew or should have known that the victim was under the age of 18 years or over the age of 65 years; the maximum term of imprisonment that may be imposed is increased by 5 years over the term of imprisonment otherwise provided for that offense in section 2261. . (b) Clerical amendment The item relating to section 2261A in the table of sections at the beginning of chapter 110A of title 18, United States Code, is amended to read as follows: 2261A. Stalking. . 3. Best practices regarding enforcement of anti-stalking laws to be included in annual report of the Attorney General In the annual report under section 529 of title 28, United States Code, the Attorney General shall— (1) include an evaluation of Federal, tribal, State, and local efforts to enforce laws relating to stalking; and (2) identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws. 4. PAYGO Compliance The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

https://www.govinfo.gov/content/pkg/BILLS-113hr206ih/xml/BILLS-113hr206ih.xml

113-hr-207

I 113th CONGRESS 1st Session H. R. 207 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Schock (for himself, Mrs. Bachmann , Mr. King of Iowa , Mr. Jones , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Pitts , Mr. Posey , Mr. Roe of Tennessee , Mr. Walberg , and Mr. Westmoreland ) 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 make members of health care sharing ministries eligible to establish health savings accounts. 1. Members of health care sharing ministries eligible to establish health savings accounts (a) In general Section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Application to health care sharing ministries For purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under a high deductible health plan. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr207ih/xml/BILLS-113hr207ih.xml

113-hr-208

I 113th CONGRESS 1st Session H. R. 208 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to provide greater access to the supplemental nutrition assistance program by reducing duplicative and burdensome administrative requirements, authorize the Secretary of Agriculture to award grants to certain community-based nonprofit feeding and anti-hunger groups for the purpose of establishing and implementing a Beyond the Soup Kitchen Pilot Program for certain socially and economically disadvantaged populations, and for other purposes. 1. Short title This Act may be cited as the Anti-hunger Empowerment Act of 2013 . 2. Findings The Congress finds the following: (1) In 2009 the number of Americans facing hunger or food insecurity was 50,200,000, and 17,200,000 children lived in these households. (2) According to the United States Department of Agriculture, as of January 2010 more than 40,000,000 people participate in the Supplemental Nutritional Assistance Program (SNAP). In 2009 on a monthly average, 33,700,000 people participated in this program, 11 percent of the United States population. SNAP, WIC, and the NSLP are the largest nutrition assistance programs and provided nutrition assistance to 57 percent of the food insecure households. (3) Administrative burdens involved in securing supplemental nutrition assistance benefits are particularly burdensome for working families. (4) In 2009 more than 16,200,000 people in the United States, of whom 5,700,000 were children, were forced to rely on soup kitchens, food pantries, and other charitable feeding programs. (5) The charitable food distribution system in the United States would benefit from increased coordination and technical assistance. (6) Helping those who use feeding programs to move beyond the soup kitchen, by promoting the values of community, opportunity, and responsibility, is a national priority. I Amendments to the food and nutrition act of 2008 101. Amendments to the food and nutrition act of 2008 (a) Administrative cost sharing and quality control Section 16(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(k) ) is amended by striking subsection (k) and inserting the following: (k) Administrative cost for increasing access Notwithstanding any other provision of this section, the Secretary is authorized to pay to each State agency an amount equal to 75 percent of the administrative costs incurred by the State agency in carrying out new activities not previously funded by the State— (1) to increase the number of hours that supplemental nutrition assistance offices are open on weekends and nights if there is neither a decrease in the total number of supplemental nutrition assistance offices that are open in the State nor a decrease in the number of hours such offices are open during regular work week; (2) to conduct verifiable activities to reduce the average wait time that applicants spend at supplemental nutrition assistance offices or to reduce the average number of office visits required of applicants; (3) to accept applications for supplemental nutrition assistance benefit by means of the Internet; (4) to upgrade computer systems and technology in ways that specifically increase access to the supplemental nutrition assistance program; (5) at the time of application, to provide applicants with a checklist listing all documents required for a complete supplemental nutrition assistance application. . (b) Reduction of burdensome and duplicative office visits; prohibition of fingerprinting Section 11(e)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(2) ) is amended— (1) in subparagraph (A) by striking the period at the end and inserting ; and , (2) in subparagraph (B) by striking In and inserting that in , (3) in subparagraph (D) by inserting the following before the semicolon at the end: , and the fingerprint of any member of a household shall not be required for the purpose of participating in the supplemental nutrition assistance program or for issuance of benefits for which the household would otherwise be eligible , (4) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (5) by inserting after subparagraph (B) the following: (C) that the State agency shall inform households, at the time of application, that— (i) household members are not required to appear in person at the time of application, or at any other time, unless— (I) expressly required by this Act; or (II) in accordance with clause (ii); and (ii) if the State agency has a basis to reasonably believe that information provided by a household is incorrect or that a household has failed to provide information required for participation in the supplemental nutrition assistance program, then the State agency shall— (I) provide to the household a written statement notifying the household of such belief; specifying the factual basis of such belief, informing the household of the applicable information that is believed to be incorrect or missing, and instructing the household how to correct or to provide the appropriate information; and (II) not require any member of such household to appear in person unless either the household fails to provide the appropriate information or the State agency cannot verify the accuracy of information the household provides in response to the request made under this subparagraph by the State agency; . 102. Comparative progress report Section 18 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027 ) is amended by adding at the end the following: (g) The Secretary shall submit a single, unified, annual report to the appropriate committees of the Congress on the comparative progress of States in improving access to the supplemental nutrition assistance program. The following statistics shall be included in the report with respect to each particular State: (1) The percentage of supplemental nutrition assistance program applications processed within the 30-day period required by this Act. (2) The average number of days required to process expedited applications for supplemental nutrition assistance benefits. (3) The average number of days required to process regular applications for supplemental nutrition assistance benefits. (4) The average number of office visits that each applicant makes to receive supplemental nutrition assistance benefits. (5) Statewide negative errors rates. (6) The overall participation rate of households that are eligible to participate in the supplemental nutrition assistance program. (7) The information specified in paragraphs (1) through (6) for a particular geographical area in such State. . II Anti-hunger grants program 201. Short title This title may be cited as the Beyond the Soup Kitchen Grants Program Act of 2013 . 202. Beyond the Soup Kitchen Pilot Program (a) Establishment of pilot program The Secretary shall establish a pilot program, to be known as the Beyond the Soup Kitchen Pilot Program , in accordance with this title. (b) Purposes The purposes of the pilot program are— (1) to provide grant assistance to a primary community-based nonprofit feeding and anti-hunger group in each pilot community for purposes of allocating subgrants to other community-based nonprofit feeding and anti-hunger groups in such community; and (2) to provide technical assistance grants. 203. Selection of primary community-based nonprofit feeding and anti-hunger groups and subgrantees (a) Grants to primary community-Based nonprofit feeding and anti-Hunger groups Under the pilot program and for a fiscal year, the Secretary shall award not more than 30 grants to primary community-based nonprofit feeding and anti-hunger groups, in accordance with this section. (b) Application To be eligible for an award of a grant for a fiscal year under this section, a community-based nonprofit feeding and anti-hunger group shall submit to the Secretary an application that contains a description of how the applicant proposes to use the grant funds to implement the components of the pilot program listed in subsection (c) in the pilot community of the community-based nonprofit feeding and anti-hunger group. The application shall be submitted in such form, at such time, and containing such other information as the Secretary may require. (c) Pilot program components An application for a grant under this section shall contain the following components: (1) Programs component A program component that describes, with respect to a target population of a pilot community and in accordance with section 204, programs designed for the following purposes: (A) To reduce hunger in such target population. (B) To increase the use of nutrition assistance and anti-poverty programs by such target population. (C) To bolster food security within such target population. (D) To assist individuals and families within such target population to develop assets. (E) To promote the economic independence of individuals and families within such target population. (F) To improve the nutrition of such target population. (G) To reduce the occurrence of obesity in such target population. (2) Community food council A community food council component that describes the formation and operation of a community food council designed to engage emergency feeding groups, Federal, State, and local government agencies, the cooperative extension system, land-grant colleges and universities, and historically African-American, Hispanic, and American Indian educational institutes for the purposes described under paragraph (1). (3) Subgrants component A subgrants component that describes a plan for the allocation of grants funds to subgrantees by the primary community-based nonprofit feeding and anti-hunger group, in accordance with subsection (e). (d) Criteria In evaluating an application of a community-based nonprofit feeding and anti-hunger group, the Secretary shall consider, in addition to such other criteria as the Secretary determines appropriate, the extent to which the application of the group demonstrates the following: (1) The capacity to serve as a leader for other community-based nonprofit feeding and anti-hunger groups in the pilot community and to successfully provide technical assistance and other assistance to the greatest number of such groups. (2) Successful experience— (A) in conducting a program described in section 204(b); (B) in working with a national service, community service, or volunteer service group that conducts a program described in section 204(b); (C) in managing and using Federal grant funds, including grants for community food and nutrition programs authorized under section 681(a) of the Community Services Block Grant Act ( 42 U.S.C. 9922(a) ); (D) in working cooperatively with a nutrition assistance and anti-poverty program, other community-based nonprofit feeding and anti-hunger groups, and faith-based and other community programs in the pilot community; and (E) in researching, monitoring, and evaluating the hunger problems in the pilot community of such organization and nutrition assistance and anti-poverty programs. (3) In the case of a community-based nonprofit feeding and anti-hunger group with a large budget, the existence of a financial mechanism to implement the proposal and staff expertise to handle large Federal and private grants, or in the case of a community-based nonprofit feeding and anti-hunger group with a small budget, proven effectiveness in the delivery and coordination of a program described in section 204(b). (4) The ability to influence other community, government, and private resources to assist in the creation and implementation of the pilot program in the pilot community of the community-based nonprofit feeding and anti-hunger group. (e) Subgrants (1) Selection by primary community-based nonprofit feeding and anti-hunger group required Under the pilot program, the Secretary shall require a primary community-based nonprofit feeding and anti-hunger group that is awarded a grant under subsection (a) to select at least 10, but no more than 200, subgrantees to carry out subgrants under the grants. Such subgrants shall be used in support of the pilot program in the pilot community of such group, in accordance with section 204. (2) Selection of subgrantees A primary community-based nonprofit feeding and anti-hunger group shall select subgrantees for purposes of paragraph (1)— (A) by selecting the subgrantee in the application submitted under subsection (b); or (B) in consultation with the Secretary of Agriculture after evaluating proposals submitted by subgrantee applicants. 204. Uses of grants (a) Required uses by primary community-Based nonprofit feeding and anti-Hunger groups A primary community-based nonprofit feeding and anti-hunger group that is awarded a grant under section 203(a) shall— (1) allocate at least 60 percent of the grant for subgrants in accordance with section 203(e); and (2) spend at least 5 percent of the grant on evaluation of the pilot program in the pilot community of such group. (b) Eligible uses by primary community-Based nonprofit feeding and anti-Hunger groups and subgrantees Grant funds awarded to a primary community-based nonprofit feeding and anti-hunger group or allocated to a subgrantee under the pilot program may be used for any of the following purposes: (1) Eligible programs With respect to a target population in a pilot community, any of the following programs: (A) A program that informs such population about benefits under nutrition assistance and anti-poverty programs, pre-screens members of such population to determine the eligibility of such members to receive such benefits, and assists such members to access relevant benefits. (B) A program to assist such population to transition successfully from welfare to work. (C) A program that is likely to result in job creation or that involves job training, readiness, placement, or retention activities. (D) A program to increase the supply of donated foods to community-based nonprofit feeding and anti-hunger groups, especially of fresh fruits, vegetables, and other nutritious foods. (E) A program that increases the access of such population to fresh fruits, vegetables, and other nutritious foods. (F) A program that promotes the use of farmers’ markets, urban farms, and food-producing agriculture projects, especially a program that promotes the use of such markets, farms, and projects by nutrition assistance and anti-poverty programs. (G) A program to assess the flow of food, from production through consumption, in a community. (H) A program that involves nutrition education, obesity reduction, or financial management activities, especially such activities that have hands-on demonstrations or that promote physical activity. (I) A program that promotes microenterprise and small business development, especially the development of such a business that is food-related. (J) A program that assists government agencies and nonprofit groups to increase the number of sites (and participation in existing sites) for after-school snacks and meals programs under the summer food service program for children authorized under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) and the child and adult care food program authorized under section 17 of such Act ( 42 U.S.C. 1761 ). (K) A program that creates a customer advisory council at a community-based nonprofit feeding and anti-hunger group to enable an individual who obtains food from such group to consult with the council on ways to improve the operations of such group. (L) A program to increase the assistance of national and community service programs, including AmeriCorps, Volunteers in Service to America (AmeriCorps–VISTA), Learn and Serve America, Senior Corps, Freedom Corps, and any other volunteer program to aid community-based nonprofit feeding and anti-hunger groups. (M) A program to increase the involvement of volunteers who have professional skills with community-based nonprofit feeding and anti-hunger groups and other nonprofit groups. (N) A program that relates nutrition improvement and the problem of hunger within such population to broader issues within the pilot community, including community development and economic improvement. (O) A program that promotes the use of individual development accounts, as defined in section 404(5) of the Assets for Independence Act (title IV of Public Law 105–285 ; 42 U.S.C. 604 note), or any other such asset-development program. (P) With respect to a community-based nonprofit feeding and anti-hunger group, a program to— (i) provide technical assistance to such group to increase the technical capacities of such group; or (ii) enable the group to more efficiently and effectively use computer technology, recruit volunteers, write grants, or otherwise increase the fundraising and operation of such group. (Q) A program that provides for the provision of technical assistance and informational materials on the Internet that relate to any program described in subparagraphs (A) through (P). (R) A program to coordinate activities of community-based nonprofit feeding and anti-hunger groups within the pilot community, including activities that further any of the following goals: (i) Creation of joint advertising, communications, and referral systems. (ii) Coordination of hours of operations and services provided. (iii) Creation of joint client, funding, and other databases, tracking systems, and benefits referral systems. (iv) Implementation of joint activities to reduce hunger, strengthen local food systems, reduce poverty, improve economic self-sufficiency, and reduce obesity. (2) Eligible food-related uses Subject to the limitation in subsection (c)(1), any of the following food-related purposes: (A) Gathering food. (B) The collection of perishable, but safe, food from entities such as restaurants, caterers, and farms, for distribution to a target population. (C) Packing food. (D) Sorting food. (E) Processing food. (F) Transportation of food. (G) Heating, cooling, or freezing of food. (H) Storage of food. (I) Administrative expenses necessary to increase the supply of nutritious food (especially fresh fruit and vegetables) distributed by community-based nonprofit feeding and anti-hunger groups. (J) Administrative staff and volunteer management for purposes of performing activities listed in subparagraphs (A) through (H). (3) Eligible stipends For the provision of stipends to customers for expenses incurred by such customers for participating in a customer advisory council described in subsection (b)(1)(K). (c) Limitations (1) Limitation on food purchases No more than 20 percent of the total amount of grant funds awarded to a primary community-based nonprofit feeding and anti-hunger group or allocated to a subgrantee under the pilot program may be used to directly purchase food. (2) Limitation on funds expended to national or community service program Grant funds awarded to a primary community-based nonprofit feeding and anti-hunger group or allocated to a subgrantee under the pilot program may not be used to provide a volunteer in a national or community service program listed in subsection (b)(1)(L) with any educational funding, stipend, health care, or child care. 205. Technical assistance (a) Technical assistance grants Under the pilot program and for a fiscal year, the Secretary shall award grants to technical assistance community-based nonprofit feeding and anti-hunger groups, in accordance with this section. (b) Application for technical assistance grants To be eligible for an award of a grant under this section, a technical assistance community-based nonprofit feeding and anti-hunger group shall submit to the Secretary an application containing a description of how the applicant proposes to use the grant funds to provide technical assistance to all pilot communities. The application shall be submitted in such form, at such time, and containing such other information as the Secretary may require. (c) Criteria To receive grants In evaluating an application of a technical assistance community-based nonprofit feeding and anti-hunger group, the Secretary shall consider, in addition to such other criteria as the Secretary determines appropriate, the extent to which the application of the technical assistance group demonstrates the following: (1) The ability to provide capacity-building technical assistance to community-based nonprofit feeding and anti-hunger groups. (2) Organizational and staff experience in— (A) national issues related to emergency food programs, food banks, food rescue organizations, the hunger problem, food insecurity, anti-poverty programs, and nutrition education; (B) providing technical assistance to community-based nonprofit feeding and anti-hunger groups and conducting outreach programs on nutrition assistance and anti-poverty programs; (C) successfully working with national and community service programs, including such programs listed in section 204(b)(1)(L); (D) working cooperatively or in a leadership role with other national, regional, State, and local eligible technical entities; and (E) working with a wide variety of faith-based and community organizations and with community-wide religious and civic organizations. (3) Proven financial control mechanisms and staff expertise to work with large Federal and private grants, or in the case of a technical assistance community-based nonprofit feeding and anti-hunger group with a small operating budget, effectiveness in program delivery and coordination. (d) Department of Agriculture technical assistance authorized (1) Assistance from Department of Agriculture The Secretary may provide technical and evaluation assistance to— (A) a technical assistance community-based nonprofit feeding and anti-hunger group awarded a grant under subsection (a); (B) a primary community-based nonprofit feeding and anti-hunger group awarded a grant under section 203(a) or a subgrantee selected under section 203(e); or (C) any community-based nonprofit feeding and anti-hunger group or technical assistance community-based nonprofit feeding and anti-hunger group that does not receive a grant under this Act, but that carries out activities similar to those of such a group or subgrantee. (2) Assistance from Federal departments and agencies The head of any Federal department or agency may provide technical assistance to a group or subgrantee referred to in subparagraph (A), (B), or (C) of paragraph (1) to carry out activities described in subparagraph (C) of such paragraph. (3) Assistance from State and local agencies and land-grant colleges and universities The Secretary may encourage any appropriate State or local agency or land-grant college or university to provide technical assistance to such groups or subgrantees to carry out such activities. 206. Allocation of grants (a) Allocation by type of grant Of the amounts made available to carry out this title for a fiscal year— (1) $190,000,000 is available for grants to primary community-based nonprofit feeding and anti-hunger groups authorized under section 203(a); and (2) $8,000,000 is available for technical assistance grants authorized under section 205(a). (b) Allocation to pilot communities Of the amounts made available under subsection (a)(1) to primary community-based nonprofit feeding and anti-hunger groups for a fiscal year, the Secretary shall allocate such amounts to one primary community-based nonprofit feeding and anti-hunger group in each of the pilot communities listed in subsection (c) and may allocate such amounts to one such group in each pilot community designated by the Secretary under subsection (d)(2). The amount allocated to a primary community-based nonprofit feeding and anti-hunger group— (1) shall not be less than $500,000, nor more than $20,000,000; and (2) shall be in proportion to the number of individuals and families within the target population of the pilot community involved. (c) Pilot communities listed For purposes of subsection (b), a pilot community listed in this subsection is each of the following areas: (1) New York, New York. (2) Chicago, Illinois. (3) Milwaukee, Wisconsin. (4) Puerto Rico. (5) Indianapolis, Indiana. (6) Des Moines, Iowa. (7) Toledo, Ohio. (8) Savannah, Georgia. (9) New Haven, Connecticut. (10) Roanoke, Virginia. (11) Santa Cruz County, Santa Clara County, and Monterey County in California. (12) Onondaga County in New York. (13) The rural boroughs in Alaska. (14) Washington metropolitan region. (15) Pittsburgh and the suburban and rural areas in southwestern Pennsylvania. (16) Rural counties in eastern Kentucky. (17) Counties in northern West Virginia. (18) Rural counties in southern Texas. (19) Rural counties in southern Missouri. (20) Rural counties in north, west, and central Wisconsin. (d) Specification of areas; designation of additional pilot communities (1) Specification of areas The Secretary shall specify the counties or other areas to be included in each of the pilot communities described in paragraphs (15) through (20) of subsection (c). (2) Designation of additional pilot communities The Secretary may designate not more than 10 pilot communities in addition to those listed in subsection (c). 207. Reports and evaluation (a) Subgrantee report to primary community-Based nonprofit feeding and anti-Hunger group Not later than 90 days after the end of the fiscal year for which a subgrantee received a subgrant under section 203(e), the subgrantee shall submit to the primary community-based nonprofit feeding and anti-hunger group that selected the subgrantee under such section a report that evaluates the results of the activities, including financial expenditures, during such fiscal year of the subgrantee in carrying out the subgrant. (b) Primary community-Based nonprofit feeding and anti-Hunger group reports to Secretary Not later than 180 days after the end of the fiscal year for which a primary community-based nonprofit feeding and anti-hunger group received a grant under section 203(a), the group shall submit to the Secretary a report that evaluates the results of the activities, including financial expenditures, during the preceding fiscal year of the group in carrying out the grant. Such report shall include each report submitted to the group by a subgrantee under subsection (a) for such fiscal year. (c) Annual reports to Congress Not later than October 31 of each of calendar years 2014 through 2018, the Secretary shall submit to Congress a report on the progress of the pilot program. (d) Final report to Congress Not later than April 30, 2018, the Secretary shall submit to Congress a report that evaluates the successes and challenges of the pilot program and that makes such recommendations as the Secretary considers appropriate for similar future grants programs. 208. Administrative provisions (a) One year extension of grants (1) Beyond the Soup Kitchen grants Upon the expiration of a grant awarded to a community-based nonprofit feeding and anti-hunger group under section 203(a) and the request of such group, the Secretary, in accordance with procedures established by the Secretary, may extend the duration of the grant once, by one fiscal year, if the Secretary determines that the programs established and implemented by such group with the grant resulted in (or are likely to result in) significant progress in satisfying the purposes of the pilot program described in section 203(c)(1). (2) Technical assistance grants Upon the expiration of a grant awarded to a technical assistance community-based nonprofit feeding and anti-hunger group under section 205(a) and the request of such entity, the Secretary, in accordance with procedures established by the Secretary, may extend the duration of the grant once, by one fiscal year, if the Secretary determines that such technical assistance group has successfully provided all pilot programs with technical assistance. (b) Form of grants The Secretary, if the Secretary finds it appropriate, may use cooperative agreements, as described in section 6305 of title 31, United States Code, for purposes of awarding grants to primary community-based nonprofit feeding and anti-hunger groups under section 203(a) and to technical assistance community-based nonprofit feeding and anti-hunger groups under section 205(a). 209. Definitions In this title: (1) Secretary The term Secretary means the Secretary of Agriculture. (2) Pilot program The term pilot program means the Beyond the Soup Kitchen Pilot Program established under section 202(a). (3) community-based nonprofit feeding and anti-hunger group The term community-based nonprofit feeding and anti-hunger group means an anti-hunger organization, food bank, food pantry, soup kitchen, food rescue group, or community food security organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (B) is located in (or regularly provides service to) a pilot community. (4) Primary community-based nonprofit feeding and anti-hunger group The term primary community-based nonprofit feeding and anti-hunger group means a community-based nonprofit feeding and anti-hunger group awarded a grant under section 203(a). (5) Subgrantee The term subgrantee means a community-based nonprofit feeding and anti-hunger group (other than a primary community-based nonprofit feeding and anti-hunger group)— (A) that is selected under section 203(e) by a primary community-based nonprofit feeding and anti-hunger group; and (B) that is located in (or regularly provides service to) the pilot community in which the primary nonprofit feeding group is located (or to which the primary nonprofit feeding group provides regular service). (6) Technical assistance community-based nonprofit feeding and anti-hunger group The term technical assistance community-based nonprofit feeding and anti-hunger group means a national, State, or local group that— (A) is an anti-hunger group, food bank, food pantry, soup kitchen, food rescue group, or community food security organization; (B) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (C) has the capacity to provide technical assistance to all pilot communities. (7) Pilot community The term pilot community means a community specified in section 206(b). (8) Target population The term target population includes an individual who (or family that)— (A) earns an income below 200 percent of the Federal poverty line; (B) suffers from food insecurity; (C) earns insufficient income to ensure food security for such individual or family; (D) lives in a community that suffers from poverty, hunger, or food insecurity; (E) is homeless; (F) receives (or recently received) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. et seq.), relating to temporary assistance to needy families; or (G) is eligible for benefits under any nutrition assistance or anti-poverty program. (9) Nutrition assistance and anti-poverty program The term nutrition assistance and anti-poverty program means any Federal, State, or local government assistance program offered to low-income individuals or families, including the following programs: (A) The supplemental nutrition assistance program established under section 4 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013 ). (B) A program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), including the national school lunch program, the national school breakfast program, the summer food service program for children, the special supplemental nutrition program for women, infants, and children, and the child and adult care food program. (C) The earned income tax credit allowed under section 32 of the Internal Revenue Code of 1986 (26 U.S.C. 32). (10) Food insecurity The term food insecurity means a lack of consistent access to food. (11) Washington metropolitan region The term Washington metropolitan region includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland, and the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in Virginia. 210. Authorization of appropriations There is authorized to be appropriated $200,000,000 for each of fiscal years 2014 through 2018 to carry out this title. III Effective date 301. Effective date Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr208ih/xml/BILLS-113hr208ih.xml

113-hr-209

I 113th CONGRESS 1st Session H. R. 209 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the appropriation of funds to be used to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children. 1. Findings The Congress finds the following: (1) Paraprofessionals are not substitutes for certified teachers. (2) Small class size is fundamental to all learning, but particularly in the early grades. (3) Putting more adults in the classroom helps to increase the attention paid to each student and to improve discipline. (4) Expanding the availability of entry-level classroom jobs that include opportunities for training and professional development should encourage more adults to enter teacher training and careers in education. 2. Funds for recruiting, hiring, and training paraprofessionals (a) State allocations From the amount appropriated to carry out this Act for each fiscal year, the Secretary of Education— (1) shall make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities under this Act; and (2) shall allocate the remainder by providing each State the same percentage of that remainder as it received of the funds allocated to States under section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106–554. (b) Local agency allocations Each State that receives funds under this Act shall distribute 100 percent of such funds to local educational agencies, of which— (1) 80 percent of such amount shall be allocated to local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served by a local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available compared to the number of such individuals who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and (2) 20 percent of such amount shall be allocated to local educational agencies in accordance with the relative enrollments of children, aged 5 to 17, in public and private nonprofit elementary and secondary schools within the boundaries of such agencies. (c) Uses of funds (1) Purpose The basic purpose and intent of this Act is to decrease the ratio of students to personnel in public elementary and secondary school classrooms by assisting local educational agencies in the recruitment, hiring, and training of 100,000 new classroom paraprofessionals. Each local educational agency that receives funds under this Act shall use such funds to carry out effective approaches to achieving such ratio reductions in order to improve educational achievement for both regular and special needs children, with particular consideration given to making such reductions in the early elementary grades. (2) Recruitment, hiring, and training (A) In general Each local educational agency that receives funds under this Act— (i) may use up to 100 percent of the funds under this Act for recruiting (including through the use of signing bonuses and other financial incentives), hiring, and training paraprofessionals to assist teachers, including teachers employed in bilingual education, special education, and migrant education; and (ii) may use up to 25 percent of the funds under this Act— (I) for providing professional development (which may include such activities as those described in section 2210 of the Elementary and Secondary Education Act of 1965 (as in effect on the day before the date of the enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425)), opportunities for paraprofessionals to attend multi-week institutes, such as those made available during the summer months, that provide intensive professional development in partnership with local educational agencies, and initiatives that promote retention and mentoring), to paraprofessionals, including paraprofessionals who assist teachers employed in bilingual education, special education, and migrant education; or (II) to provide assistance to new and existing paraprofessionals to ensure that such individuals are highly qualified consistent with the requirements of subsections (c) and (d) of section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ). (B) Special rule In the case of a local educational agency that has already reduced the ratio of students to instructional personnel in grades kindergarten through 3 to 18 or less (or has already reduced such ratio to a State or local goal that was in effect on the day before the enactment of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763), if that State or local educational agency goal is 20 or less) may use 100 percent of the funds received under this Act— (i) to make further student-to-personnel ratio reductions in grades kindergarten through 3; (ii) to reduce the student-to-personnel ratio in other grades; (iii) to carry out activities to improve paraprofessional quality, including professional development; or (iv) to assist paraprofessionals to obtain the education necessary to become licensed and certified teachers. (3) Supplement, not supplant Each local educational agency that receives funds under this Act shall use such funds only to supplement, and not to supplant, State and local funds that, in the absence of funds under this Act, would otherwise be spent for activities under this Act. (4) Limitation No funds made available under this Act may be used to increase the salaries or provide benefits, other than participation in professional development, education, or enrichment programs, to paraprofessionals who are not hired under this Act. (d) Reporting (1) In general Each State receiving funds under this Act shall submit to the Secretary on a biennial basis a report containing data on the use of funds, the types of services furnished, and the students served under this Act. (2) Reports to parents Each State and local educational agency receiving funds under this Act shall publicly report to parents on its progress in decreasing the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals and on the impact such activities have had, if any, on increasing student academic achievement. (3) Disclosure of qualifications Each school receiving funds under this Act shall provide to parents, upon request, the qualifications of each member of their child’s classroom instructional staff. (e) Administrative costs A local educational agency that receives funds under this Act may use not more than 2 percent of such funds for local administrative costs. (f) Application Each local educational agency that desires to receive funds under this Act shall include in the application required under section 5133 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7215b ) a description of the agency’s program to reduce the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals. (g) Definitions For purposes of this Act: (1) The term paraprofessional means an individual who is employed in a public elementary or secondary school under the supervision of a certified or licensed teacher, including individuals employed in bilingual education, special education, and migrant education. (2) The term local educational agency has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term Secretary means the Secretary of Education. (4) The term State is defined as that term is used in section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106–554. (h) Authorization of appropriations To carry out this Act, there is authorized to be appropriated $1,000,000,000 for each of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr209ih/xml/BILLS-113hr209ih.xml

113-hr-210

I 113th CONGRESS 1st Session H. R. 210 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require retail establishments that use mobile device tracking technology to display notices to that effect. 1. Notices regarding use of mobile device tracking technology by retail establishments (a) In general A person who owns or operates a retail establishment and uses mobile device tracking technology in such establishment shall display in a prominent location in such establishment a notice that such technology is in use and that individuals can avoid being tracked by turning off their mobile devices. (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, to implement subsection (a). 2. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 1(a) or a regulation promulgated pursuant to section 1(b) shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any person who violates this Act or the regulations promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. 3. Definitions In this Act: (1) Mobile device The term mobile device means— (A) a mobile telephone; or (B) any device that uses or provides access to commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)). (2) Mobile device tracking technology The term mobile device tracking technology means technology that tracks the movement of an individual using the radio signal emitted by a mobile device. 4. Effective date This Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr210ih/xml/BILLS-113hr210ih.xml

113-hr-211

I 113th CONGRESS 1st Session H. R. 211 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano 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 waive the requirement for proof of citizenship during the first year of life for children born in the United States to a Medicaid-eligible mother. 1. Short title This Act may be cited as the Medicaid Newborn Coverage Act of 2013 . 2. Waiver of requirement of proof of citizenship during first year of life for children born in the United States to a Medicaid-eligible mother (a) In general Section 1903(x)(2) of the Social Security Act ( 42 U.S.C. 1396b(x)(2) ) is amended— (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (C) the following new subparagraph: (D) and is a child born to a woman eligible for and receiving medical assistance under this title on the date of the child’s birth, without regard to the child’s basis of eligibility for medical assistance, but only with respect to medical assistance for items and services furnished during the child’s first year of life; . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and section 1903(x)(2)(D) of the Social Security Act, as inserted by subsection (a)(2), shall apply to children born on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr211ih/xml/BILLS-113hr211ih.xml

113-hr-212

I 113th CONGRESS 1st Session H. R. 212 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on House Administration A BILL To permit members of the House of Representatives to donate used computer equipment to public elementary and secondary schools designated by the members. 1. Permitting members of the house of representatives to donate used computer equipment to public schools (a) In General Section 104(a)(3) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591 ) ( 2 U.S.C. 117e(3) ) is amended to read as follows: (3) (A) At the request of a member of the House of Representatives, in the case of equipment consisting of computers and related peripheral tools previously used by the member, the Clerk may donate the equipment to a public elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) without regard to whether the donation meets the requirements of the second sentence of paragraph (2). (B) At the request of the member who previously used the equipment, if the Clerk donates equipment under this paragraph, the Clerk shall donate the equipment to a school designated by the member. . (b) Effective Date The amendments made by subsection (a) shall take effect June 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr212ih/xml/BILLS-113hr212ih.xml

113-hr-213

I 113th CONGRESS 1st Session H. R. 213 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied. 1. Short title This Act may be cited as the Sewage Sludge in Food Production Consumer Notification Act . 2. Notification to consumers of food products produced on land on which sewage sludge has been applied (a) Adulterated food under federal food, drug, and cosmetic act Section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342 ) is amended by adding at the end the following: (j) (1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; (B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or (C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied. (2) In this paragraph, the term sewage sludge has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations). . (b) Adulterated food under Egg Products Inspection Act Section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 ) is amended— (1) in paragraph (a)— (A) by striking or at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; or ; and (C) by adding at the end the following: (9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or (B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that— (i) were raised on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied. ; and (2) by adding at the end the following new subsection: (aa) The term sewage sludge has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)). . (c) Adulterated food under Federal Meat Inspection Act Section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 ) is amended— (1) in paragraph (m)— (A) by striking or at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting ; or ; and (C) by adding at the end the following: (10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; (B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock— (i) grazed on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied; or (C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock— (i) grazed on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied. ; and (2) by adding at the end the following new paragraph: (x) The term sewage sludge has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)). . (d) Adulterated food under Poultry Products Inspection Act Section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 ) is amended— (1) in paragraph (g)— (A) by striking or at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; or ; and (C) by adding at the end the following new paragraph: (9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act , if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless— (A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; (B) the poultry product bears a label that clearly indicates that the poultry contained in the product— (i) were raised on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied; or (C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product— (i) were raised on land on which sewage sludge was applied; or (ii) consumed animal feed produced on land on which sewage sludge was applied. ; and (2) by adding at the end the following new paragraph: (cc) The term sewage sludge has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)). . (e) Relation to national organic program (1) In general Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture. (2) Definition In this subsection, the term sewage sludge has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations), except that such term includes ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

https://www.govinfo.gov/content/pkg/BILLS-113hr213ih/xml/BILLS-113hr213ih.xml

113-hr-214

I 113th CONGRESS 1st Session H. R. 214 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Energy and Commerce , Financial Services , the Judiciary , Oversight and Government Reform , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To lift the trade embargo on Cuba, and for other purposes. 1. Short title This Act may be cited as the Cuba Reconciliation Act . 2. Removal of provisions restricting trade and other relations with Cuba (a) Authority for embargo Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act The authorities conferred upon the President by section 5(b) of the Trading with the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of authorities under other provisions of law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions The President may, on and after the effective date of this Act— (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act of 1992 The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of cuban liberty and democratic solidarity (LIBERTAD) Act of 1996 (1) Repeal The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments (A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended— (i) in subsection (a)(11), by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and inserting facilities, ; (ii) in subsection (b)— (I) in paragraph (4), by adding and after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Termination of denial of foreign tax credit with respect to Cuba Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence. . (g) Sugar quota prohibition under Food Security Act of 1985 Section 902(c) of the Food Security Act of 1985 is repealed. (h) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 and following) is amended— (1) in section 906(a)(1)— (A) by striking Cuba, ; and (B) by inserting (other than Cuba) after to the government of a country ; (2) in section 908— (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition and all that follows through (1) In general .— and inserting In General .— ; (ii) by striking for exports to Cuba or ; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking paragraph (1) and inserting subsection (a) ; (3) by striking section 909; and (4) by striking section 910. (i) Repeal of prohibition on transactions or payments with respect to certain United States intellectual property Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88) is repealed. 3. Telecommunications equipment and facilities Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. 4. Travel (a) In General Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions incident to travel Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel. 5. Direct mail delivery to Cuba The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. 6. Effective date This Act, and the amendments made by this Act, shall take effect 60 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr214ih/xml/BILLS-113hr214ih.xml

113-hr-215

I 113th CONGRESS 1st Session H. R. 215 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball. 1. Short title This Act may be cited as the Baseball Diplomacy Act . 2. Removal of certain restrictions (a) Restriction on Embargo Authority The authorities of section 620(a) of the Foreign Assistance Act of 1961 , those authorities under section 5(b) of the Trading with the Enemy Act that were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared before that date, and are being exercised on the date of the enactment of this Act, and section 203 of the International Emergency Economic Powers Act may not be exercised to regulate or prohibit— (1) those transactions permitted under section 515.571 of title 31, Code of Federal Regulations, by or on behalf of a Cuban national who enters the United States from Cuba on a visa issued under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act for the purpose of playing organized professional baseball; and (2) a Cuban national described in paragraph (1) from returning to Cuba with the earnings made in playing organized professional baseball. (b) Restriction on Immigration Authority The authority contained in section 212(f) of the Immigration and Nationality Act may not be used to deny a visa described in subsection (a)(1) to a Cuban national for the purpose of playing organized professional baseball. (c) Inapplicability of Other Restrictions This section applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. 3. Duration of visa A visa described in section 2(a)(1)— (1) shall permit the alien to whom the visa is issued to remain in the United States only for the duration of the baseball season; and (2) need not be renewed for subsequent entries into the United States for the duration of a valid contract entered into between the alien and the professional baseball team with which the alien played in the preceding baseball season.

https://www.govinfo.gov/content/pkg/BILLS-113hr215ih/xml/BILLS-113hr215ih.xml

113-hr-216

I 113th CONGRESS 1st Session H. R. 216 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow taxpayers to designate income tax overpayments as contributions to the United States Library Trust Fund. 1. Short title This Act may be cited as the United States Library Trust Fund Act . 2. United States Library Trust Fund (a) Designation of overpayments as contributions to United States Library Trust Fund Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Designation of overpayments as contributions to United States Library Trust Fund Sec. 6097. Designation. 6097. Designation (a) In general Every taxpayer who makes a return of the tax imposed by subtitle A for any taxable year may designate that a specified portion (not less than $1) of the amount of any overpayment of tax for such taxable year shall be paid over to the United States Library Trust Fund in accordance with the provisions of section 9512. (b) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature. (c) Overpayments treated as refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions). . (b) Creation of trust fund Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: 9512. United States Library 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 United States Library Trust Fund , consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. (b) Transfers to trust fund There are hereby appropriated to the United States Library Trust Fund amounts equivalent to the amounts of the overpayments of tax to which designations under section 6097 apply. (c) Expenditures from trust fund Amounts in the United States Library Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out section 3 of the United States Library Trust Fund Act . . (c) Clerical amendments (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: Part IX.—Designation of overpayments as contributions to United States Library Trust Fund . (2) 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. United States Library Trust Fund. . (d) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 3. Grants to libraries (a) Eligibility of public libraries and public school libraries A public library or public school library is eligible to receive a grant under this section from the United States Library Trust Fund established pursuant to section 9512 of the Internal Revenue Code of 1986 for any fiscal year by submitting an application to the Office of Library Services that includes— (1) certification that the library does not have the financial resources available to purchase new books or collections; (2) assurances that funds received under this section will be used only to purchase materials for the library; (3) assurances that funds received under this section will be used to supplement, not supplant, other funds received by such library; and (4) an agreement to make available any financial records that the Office of Library Services may need for audit purposes. (b) Grant selection The Office of Library Services shall select the number of grant awards made under this section and the amount of each such award based upon economic need in accordance with regulations published by the Office.

https://www.govinfo.gov/content/pkg/BILLS-113hr216ih/xml/BILLS-113hr216ih.xml

113-hr-217

I 113th CONGRESS 1st Session H. R. 217 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mrs. Black (for herself, Mr. Scalise , Mr. King of Iowa , Mr. Smith of New Jersey , Mr. Pitts , Mrs. Roby , Mr. Fleming , Mr. Flores , Mr. Duncan of South Carolina , Mr. Price of Georgia , Mr. Amash , Mr. Barletta , Mr. Crawford , Mrs. Ellmers , Mr. Farenthold , Mr. Smith of Nebraska , Mr. Fleischmann , Mr. Graves of Georgia , Mr. Franks of Arizona , Mr. Roskam , Ms. Foxx , Mr. Kelly , Mr. Roe of Tennessee , and Mr. Reed ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. 1. Short title This Act may be cited as the Title X Abortion Provider Prohibition Act . 2. Prohibition on abortion Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amended by adding at the end the following: 1009. Additional prohibition regarding abortion (a) Prohibition The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. (b) Exception Subsection (a) does not apply with respect to an abortion where— (1) the pregnancy is the result of an act of rape or incest; or (2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself. (c) Hospitals Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)). (d) Annual report Not later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to the Congress containing— (1) a list of each entity receiving a grant under this title; (2) for each such entity performing abortions under the exceptions described in subsection (b)— (A) the total number of such abortions; (B) the number of such abortions where the pregnancy is the result of an act of rape; (C) the number of such abortions where the pregnancy is the result of an act of incest; and (D) the number of such abortions where a physician provides a certification described in subsection (b)(2); (3) a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and (4) a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title. (e) Definitions In this section: (1) The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity. (2) The term hospital has the meaning given to such term in section 1861(e) of the Social Security Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr217ih/xml/BILLS-113hr217ih.xml

113-hr-218

V 113th CONGRESS 1st Session H. R. 218 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Enrique Soriano and Areli Soriano. 1. Permanent resident status for Enrique Soriano and Areli Soriano (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Enrique Soriano and Areli Soriano 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 Enrique Soriano or Areli Soriano 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 Enrique Soriano and Areli Soriano, the Secretary of State shall instruct the proper officer to reduce by 2, 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 Enrique Soriano and Areli Soriano 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-113hr218ih/xml/BILLS-113hr218ih.xml

113-hr-219

I 113th CONGRESS 1st Session H. R. 219 IN THE HOUSE OF REPRESENTATIVES AN ACT To improve and streamline disaster assistance for Hurricane Sandy, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Sandy Recovery Improvement 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. Public assistance program alternative procedures. Sec. 3. Federal assistance to individuals and households. Sec. 4. Hazard mitigation. Sec. 5. Dispute resolution pilot program. Sec. 6. Unified Federal review. Sec. 7. Simplified procedures. Sec. 8. Essential assistance. Sec. 9. Individual assistance factors. Sec. 10. Tribal requests for a major disaster or emergency declaration under the Stafford Act. Sec. 11. Recommendations for reducing costs of future disasters. 2. Public assistance program alternative procedures Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended— (1) by redesignating the second section 425 (relating to essential service providers) as section 427; and (2) by adding at the end the following: 428. Public assistance program alternative procedures (a) Approval of projects The President, acting through the Administrator of the Federal Emergency Management Agency, may approve projects under the alternative procedures adopted under this section for any major disaster or emergency declared on or after the date of enactment of this section. The Administrator may also apply the alternate procedures adopted under this section to a major disaster or emergency declared before enactment of this Act for which construction has not begun as of the date of enactment of this Act. (b) Adoption The Administrator, in coordination with States, tribal and local governments, and owners or operators of private nonprofit facilities, may adopt alternative procedures to administer assistance provided under sections 403(a)(3)(A), 406, 407, and 502(a)(5). (c) Goals of procedures The alternative procedures adopted under subsection (a) shall further the goals of— (1) reducing the costs to the Federal Government of providing such assistance; (2) increasing flexibility in the administration of such assistance; (3) expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and (4) providing financial incentives and disincentives for a State, tribal or local government, or owner or operator of a private nonprofit facility for the timely and cost-effective completion of projects with such assistance. (d) Participation Participation in the alternative procedures adopted under this section shall be at the election of a State, tribal or local government, or owner or operator of a private nonprofit facility consistent with procedures determined by the Administrator. (e) Minimum procedures The alternative procedures adopted under this section shall include the following: (1) For repair, restoration, and replacement of damaged facilities under section 406— (A) making grants on the basis of fixed estimates, if the State, tribal or local government, or owner or operator of the private nonprofit facility agrees to be responsible for any actual costs that exceed the estimate; (B) providing an option for a State, tribal or local government, or owner or operator of a private nonprofit facility to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of— (i) the cost of repair, restoration, reconstruction, or replacement of a public facility owned or controlled by the State, tribal or local government or owner or operator of a private nonprofit facility; and (ii) management expenses; (C) consolidating, to the extent determined appropriate by the Administrator, the facilities of a State, tribal or local government, or owner or operator of a private nonprofit facility as a single project based upon the estimates adopted under the procedures; (D) if the actual costs of a project completed under the procedures are less than the estimated costs thereof, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for— (i) cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and (ii) other activities to improve future Public Assistance operations or planning; (E) in determining eligible costs under section 406, the Administrator shall make available, at an applicant’s request and where the Administrator or the certified cost estimate prepared by the applicant’s professionally licensed engineers has estimated an eligible Federal share for a project of at least $5,000,000, an independent expert panel to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section; and (F) in determining eligible costs under section 406, the Administrator shall, at the applicant’s request, consider properly conducted and certified cost estimates prepared by professionally licensed engineers (mutually agreed upon by the Administrator and the applicant), to the extent that such estimates comply with applicable regulations, policy, and guidance. (2) For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)— (A) making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost-effective completion if the State, tribal or local government, or owner or operator of the private nonprofit facility agrees to be responsible to pay for any actual costs that exceed the estimate; (B) using a sliding scale for determining the Federal share for removal of debris and wreckage based on the time it takes to complete debris and wreckage removal; (C) allowing use of program income from recycled debris without offset to the grant amount; (D) reimbursing base and overtime wages for employees and extra hires of a State, tribal or local government, or owner or operator of a private nonprofit facility performing or administering debris and wreckage removal; (E) providing incentives to a State or tribal or local government to have a debris management plan approved by the Administrator and have pre-qualified 1 or more debris and wreckage removal contractors before the date of declaration of the major disaster; and (F) if the actual costs of projects under subparagraph (A) are less than the estimated costs of the project, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for— (i) debris management planning; (ii) acquisition of debris management equipment for current or future use; and (iii) other activities to improve future debris removal operations, as determined by the Administrator. (f) Waiver authority Until such time as the Administrator promulgates regulations to implement this section, the Administrator may— (1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and (2) carry out the alternative procedures under this section as a pilot program. (g) Overtime payments The guidelines for reimbursement for costs under subsection (e)(2)(D) shall ensure that no State or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (h) Report (1) In general Not earlier than 3 years, and not later than 5 years, after the date of enactment of this section, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the alternative procedures for the repair, restoration, and replacement of damaged facilities under section 406 authorized under this section. (2) Contents The report shall contain an assessment of the effectiveness of the alternative procedures, including— (A) whether the alternative procedures helped to improve the general speed of disaster recovery; (B) the accuracy of the estimates relied upon; (C) whether the financial incentives and disincentives were effective; (D) whether the alternative procedures were cost effective; (E) whether the independent expert panel described in subsection (e)(1)(E) was effective; and (F) recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures. . 3. Federal assistance to individuals and households Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(c)(1)(B) ) is amended— (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (2) by inserting after clause (i) the following: (ii) Lease and repair of rental units for temporary housing (I) In general The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may— (aa) enter into lease agreements with owners of multifamily rental property located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and (bb) make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing. (II) Improvements or repairs Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs— (aa) shall be deducted from the value of the lease agreement; and (bb) may not exceed the value of the lease agreement. ; and (3) in clause (iv) (as so redesignated) by striking clause (ii) and inserting clause (iii) . 4. Hazard mitigation (a) Streamlined procedures; advance assistance Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ) is amended by adding at the end the following: (d) Streamlined procedures (1) In general For the purpose of providing assistance under this section, the President shall ensure that— (A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 and historic preservation reviews under the National Historic Preservation Act are completed on an expeditious basis; and (B) the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized. (2) Authority for other expedited procedures The President may utilize expedited procedures in addition to those required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness and fulfillment of cost-share requirements for proposed hazard mitigation measures. (e) Advance assistance The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eligible costs are incurred. . (b) Establishment of criteria relating to administration of hazard mitigation assistance by states Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(c)(2) ) is amended by inserting after applications submitted under paragraph (1). the following: Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program. . (c) Applicability The authority under the amendments made by this section shall apply to— (1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) on or after the date of enactment of this Act; and (2) a major disaster or emergency declared under that Act before the date of enactment of this Act for which the period for processing requests for assistance has not ended as of the date of enactment of this Act. 5. Dispute resolution pilot program (a) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Federal emergency Management Agency. (2) Eligible assistance The term eligible assistance means assistance— (A) under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b , 5172, 5173); (B) for which the legitimate amount in dispute is not less than $1,000,000, which sum the Administrator shall adjust annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor; (C) for which the applicant has a non-Federal share; and (D) for which the applicant has received a decision on a first appeal. (b) Procedures (1) In general Not later than 180 days after the date of enactment of this section, and in order to facilitate an efficient recovery from major disasters, the Administrator shall establish procedures under which an applicant may request the use of alternative dispute resolution, including arbitration by an independent review panel, to resolve disputes relating to eligible assistance. (2) Binding effect A decision by an independent review panel under this section shall be binding upon the parties to the dispute. (3) Considerations The procedures established under this section shall— (A) allow a party of a dispute relating to eligible assistance to request an independent review panel for the review; (B) require a party requesting an independent review panel as described in subparagraph (A) to agree to forgo rights to any further appeal of the dispute relating to any eligible assistance; (C) require that the sponsor of an independent review panel for any alternative dispute resolution under this section be— (i) an individual or entity unaffiliated with the dispute (which may include a Federal agency, an administrative law judge, or a reemployed annuitant who was an employee of the Federal Government) selected by the Administrator; and (ii) responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section; (D) require an independent review panel to— (i) resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance; (ii) consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision; (iii) only set aside a decision of the Agency found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and (iv) in the case of a finding of material fact adverse to the claimant made on first appeal, only set aside or reverse such finding if the finding is clearly erroneous; (E) require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and (F) direct that if an independent review panel for any alternative dispute resolution under this section determines that the basis upon which a party submits a request for alternative dispute resolution is frivolous, the independent review panel shall direct the party to pay the reasonable costs to the Federal Emergency Management Agency relating to the review by the independent review panel. Any funds received by the Federal Emergency Management Agency under the authority of this section shall be deposited to the credit of the appropriation or appropriations available for the eligible assistance in dispute on the date on which the funds are received. (c) Sunset A request for review by an independent review panel under this section may not be made after December 31, 2015. (d) Report (1) In general Not later than 270 days after the termination of authority under this section under subsection (c), the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report analyzing the effectiveness of the program under this section. (2) Contents The report submitted under paragraph (1) shall include— (A) a determination of the availability of data required to complete the report; (B) an assessment of the effectiveness of the program under this section, including an assessment of whether the program expedited or delayed the disaster recovery process; (C) an assessment of whether the program increased or decreased costs to administer section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (D) an assessment of the procedures and safeguards that the independent review panels established to ensure objectivity and accuracy, and the extent to which they followed those procedures and safeguards; (E) a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and (F) recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process. 6. Unified Federal review Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by this Act) is further amended by adding at the end the following: 429. Unified Federal review (a) In general Not later than 18 months after the date of enactment of this section, and in consultation with the Council on Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law. (b) Contents The review process established under this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster and be updated, as appropriate, consistent with applicable law. . 7. Simplified procedures Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5189 ) is amended— (1) by striking If the Federal estimate and inserting (a) In general .—If the Federal estimate ; (2) by inserting (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)) after $35,000 the first place it appears; (3) by inserting or, if applicable, the amount established under subsection (b), after $35,000 amount the second place it appears; and (4) by adding at the end the following: (b) Threshold (1) Report Not later than 1 year after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the Administrator ), shall— (A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under subparagraph (A). (2) Amount After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to— (A) immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5, United States Code; and (B) adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor. (3) Review Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section. . 8. Essential assistance (a) Other needs assistance Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(e)(1) ) is amended— (1) in the paragraph heading by inserting child care, after dental, ; and (2) by inserting child care, after dental, . (b) Salaries and benefits Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b ) is amended by adding at the end the following: (d) Salaries and benefits (1) In general If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State, tribal, or local government for costs relating to— (A) basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if— (i) the work is not typically performed by the employees; and (ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or (B) overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section. (2) Overtime The guidelines for reimbursement for costs under paragraph (1) shall ensure that no State, tribal, or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (3) No effect on mutual aid pacts Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact. . 9. Individual assistance factors In order to provide more objective criteria for evaluating the need for assistance to individuals, to clarify the threshold for eligibility and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 10. Tribal requests for a major disaster or emergency declaration under the Stafford Act (a) Major disaster requests Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) is amended— (1) by striking All requests for a declaration and inserting (a) In general.— All requests for a declaration ; and (2) by adding at the end the following: (b) Indian tribal government requests (1) In general The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) References In implementing assistance authorized by the President under this Act in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate. (3) Savings provision Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. (c) Cost share adjustments for Indian tribal governments (1) In general In providing assistance to an Indian tribal government under this title, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if— (A) the President has the authority to waive or adjust the payment under another provision of this title; and (B) the President determines that the waiver or adjustment is necessary and appropriate. (2) Criteria for making determinations The President shall establish criteria for making determinations under paragraph (1)(B). . (b) Emergency requests Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ) is amended by adding at the end the following: (c) Indian tribal government requests (1) In general The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection (a). (2) References In implementing assistance authorized by the President under this title in response to a request of the Chief Executive of an affected Indian tribal government for an emergency declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate. (3) Savings provision Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. . (c) Definitions Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) is amended— (1) in paragraph (7)(B) by striking ; and and inserting , that is not an Indian tribal government as defined in paragraph (6); and ; (2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (3) by inserting after paragraph (5) the following: (6) Indian tribal government The term Indian tribal government means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a et seq. ). ; and (4) by adding at the end the following: (12) Chief executive The term Chief Executive means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government. . (d) References Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended by adding after section 102 the following: 103. References Except as otherwise specifically provided, any reference in this Act to State and local , State or local , State, and local , State, or local , or State, local (including plurals) with respect to governments or officials and any reference to a local government in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate. . (e) Regulations (1) Issuance The President shall issue regulations to carry out the amendments made by this section. (2) Factors In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments. 11. Recommendations for reducing costs of future disasters (a) Report to Congress Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States. (b) National strategy The national strategy should— (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector; (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards; (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery. Passed the House of Representatives January 14, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr219eh/xml/BILLS-113hr219eh.xml

113-hr-220

I 113th CONGRESS 1st Session H. R. 220 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Walden (for himself, Mr. Lance , Mr. Sessions , Mr. Hudson , Mr. Westmoreland , Mr. Holding , Mr. Chaffetz , Mrs. Noem , Mr. Fincher , Mr. Campbell , Mr. Luetkemeyer , Mr. Jones , Mr. Nugent , Mr. Aderholt , Mr. Nunnelee , Mr. Yoder , Mr. Thornberry , Mr. Kinzinger of Illinois , Mr. Latta , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 5112 of title 31, United States Code, to limit the face value of coins that the Secretary of the Treasury may issue, and for other purposes. 1. Short title This Act may be cited as the Stop the Coin Act . 2. Limitation on face value of coins Section 5112 of title 31, United States Code, is amended— (1) in subsection (k)— (A) by inserting having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200 after platinum coins ; and (B) by striking denominations, ; and (2) by adding at the end the following new subsection: (w) Limitation on face value The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200. .

https://www.govinfo.gov/content/pkg/BILLS-113hr220ih/xml/BILLS-113hr220ih.xml

113-hr-221

I 113th CONGRESS 1st Session H. R. 221 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Blackburn (for herself and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on 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 reports on the acquisitions by certain foreign persons of companies that have received American taxpayer research and development funding, and for other purposes. 1. Short title This Act may be cited as the Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013 or the SMART SALE Act of 2013 . 2. Definitions In this Act: (1) Covered entity The term covered entity means any person, company, institution, or other entity engaged in interstate commerce in the United States that owns, licenses, or otherwise holds an interest in a federally-funded technology, or to which Federal energy research and development funding has been obligated by a Federal agency. (2) Covered transaction (A) In general The term covered transaction means any proposed or pending merger, acquisition, takeover, or other transfer that could result in control of a covered entity by— (i) a government of a foreign country described in subparagraph (B); or (ii) (I) a natural person who is a citizen of a foreign country described in subparagraph (B) or who owes permanent allegiance to such foreign country; or (II) a corporation or other legal entity which is organized under the laws of such foreign country or any political subdivision thereof if natural persons described in subclause (I) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. (B) Foreign country described (i) In general Except as provided in clause (ii), a foreign country referred to in subparagraph (A) means any of the following: (I) The People’s Republic of China. (II) The Democratic People’s Republic of Korea. (III) A country that is a state sponsor of terrorism (as defined in clause (iii)). (IV) A country that provides sanctuary to a foreign terrorist organization (as defined in clause (iv)). (V) Any other country with respect to which the President determines the provisions of this paragraph should apply. (ii) Waiver The President may waive the applicability of this paragraph with respect to a foreign country described in clause (i) on a case-by-case basis if not later than 60 days before doing so the President— (I) determines that it is in the national interest of the United States to do so; and (II) submits to Congress a report providing a justification for the waiver. (iii) State sponsor of terrorism defined In clause (i)(III), the term state sponsor of terrorism means any country the government of which the Secretary of State has determined has repeatedly provided support for international terrorism pursuant to— (I) section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ) (as continued in effect under the International Emergency Economic Powers Act); (II) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (III) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (IV) any other provision of law. (iv) Foreign terrorist organization defined In clause (i)(IV), the term foreign terrorist organization means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (3) Federal energy research and development funding The term Federal energy research and development funding means Federal funding provided for the purpose of researching or developing new energy technologies, products, processes, or systems, or for the application of existing energy technologies, products, processes, or systems in a novel manner. Such funding includes funding for a loan or loan guarantee made by a Federal agency. (4) Federally-funded technology (A) In general Except as provided in subparagraph (B), the term federally-funded technology means any technology, product, process, or system developed as a result of Federal energy research and development funding. (B) Exception Such term does not apply to any technology, product, process, and system that was not— (i) specified in the documents and agreements associated with the provision of the Federal energy research and development funding; or (ii) a foreseeable result or byproduct of the Federal energy research and development funding at the time the funding was provided. 3. Requirements (a) Notification (1) In general A covered entity shall notify the Secretary of Energy in writing not later than 7 days of entering into negotiations for any covered transaction. (2) Contents A notification submitted pursuant to paragraph (1) shall include— (A) an identification of the covered entity; (B) an identification of the purchasing, acquiring, or merging entity; (C) the amounts of all Federal energy research and development funding received by the covered entity, including a description of the form and amount of each transaction providing such funding; (D) an explanation of how the covered entity or its purchaser will repay any outstanding loans or loan guarantees provided by a Federal agency, including interest accrued; (E) an appraisal of the value of any federally-funded technology owned, licensed, or otherwise held by the covered entity, including estimates of sales value and licensing fees; and (F) a description of the technical rights held by the Federal Government in all federally-funded technology owned, licensed, or otherwise held by the covered entity. (3) Penalties Any person who knowingly and intentionally fails to make a notification required by this subsection shall be imprisoned for not more than 5 years and fined according to title 18, United States Code. (b) Recoupment of Federal funds A Federal agency providing Federal energy research and development funding shall require, as a condition of receipt of such funding, that all amounts provided shall be repaid to the Federal Government if a covered transaction results in control of the recipient by a foreign country described in section 2(2)(B). (c) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall promulgate regulations to carry out this section. 4. Reports to Congress (a) Report on notification Not later than 30 days after receipt of a notification required by section 3(a), the Secretary of Energy shall submit to Congress a report on the notification. Such a report shall contain, at a minimum, the following: (1) All of the information provided by the covered entity under section 3(a). (2) An assessment of any cybersecurity threats to the national interests of the United States with respect to the covered transaction. (3) Disclosure of any additional Federal energy research and development funding payments scheduled to be made by a Federal entity to the covered entity. (4) An assessment of what effect the covered transaction will have on the interests of the United States, including the extent to which the covered transaction will cause, or will have a reasonable likelihood of causing, any negative effects to the national and economic security interests of the United States. (5) An estimate of any amounts of Federal, State, and foreign government funding that any party to the covered transaction, other than the covered entity, has received. (b) Initial report Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report that— (1) identifies each covered entity that is engaged in a covered transaction as of the date of enactment of this Act; and (2) specifies the total amount of Federal energy research and development funding the covered entity has received and is scheduled to receive.

https://www.govinfo.gov/content/pkg/BILLS-113hr221ih/xml/BILLS-113hr221ih.xml

113-hr-222

I 113th CONGRESS 1st Session H. R. 222 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Poe of Texas (for himself, Mr. Cleaver , and Mr. Al Green of Texas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the World War I Centennial Commission Act to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes. 1. Short title This Act may be cited as the Frank Buckles World War I Memorial Act . 2. Designation of memorials to the service of members of the United States Armed Forces in World War I (a) Memorial designations The World War I Centennial Commission Act is amended— (1) by redesignating section 9 as section 11; and (2) by inserting after section 8 the following new sections: 9. Designation of National World War I Museum and Memorial in Kansas City, Missouri (a) In general The Liberty Memorial of Kansas City at America’s National World War I Museum in Kansas City, Missouri, is hereby designated as the National World War I Museum and Memorial . (b) Ceremonies The Centennial Commission may plan, develop, and execute ceremonies to recognize the designation of the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. 10. Establishment of National World War I Memorial in the District of Columbia (a) Authority To establish commemorative work The World War I Memorial Foundation may establish a commemorative work on Federal land in the Reserve on the National Mall in the District of Columbia to consist of an appropriate sculptural or other commemorative elements to serve as the National World War I Memorial. (b) Limitation on size of memorial The National World War I Memorial may not exceed 0.5 acres in size. (c) Compliance with standards for commemorative works (1) In general Chapter 89 of title 40, United States Code, shall apply to the establishment of the National World War I Memorial in the District of Columbia and its environs. (2) Exception from prohibition on additional commemorative works in reserve Section 8908(c) of title 40, United States Code, does not apply with respect to the selection of the site for the National World War I Memorial. (3) No infringement upon existing memorial The site selected for the National World War I Memorial may not infringe upon or adversely impact the District of Columbia War Memorial. (d) Limitation on total cost The total cost to design and construct the National World War I Memorial may not exceed $10,000,000. (e) Deposit of excess funds (1) Upon establishment of memorial If, upon payment of all expenses for the establishment of the National World War I Memorial (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the memorial, the Memorial Foundation shall transmit the amount of the balance to the account provided for in section 8906(b)(3) of such title. (2) Upon expiration of authority to establish memorial If, upon expiration of the authority for the National World War I Memorial under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the memorial, the Memorial Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator of General Services (as appropriate) following the process provided in section 8906(b)(4) of such title for accounts established under section 8906(b)(3) of such title. (f) Ceremonies The Centennial Commission may plan, develop, and execute ceremonies to recognize the establishment of the National World War I Memorial. (g) Reserve defined In this section, the term Reserve has the meaning given that term in section 8902(a)(3) of title 40, United States Code. . (b) Table of contents The table of contents in section 1(b) of such Act is amended by striking the item relating to section 9 and inserting the following new items: Sec. 9. Designation of National World War I Museum and Memorial in Kansas City, Missouri. Sec. 10. Establishment of National World War I Memorial in the District of Columbia. Sec. 11. Prohibition on obligation of Federal funds. .

https://www.govinfo.gov/content/pkg/BILLS-113hr222ih/xml/BILLS-113hr222ih.xml

113-hr-223

I 113th CONGRESS 1st Session H. R. 223 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Barrow introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. 1. Short Title; Finding of Constitutional Authority (a) Short Title This Act may be cited as the John Tanner Fairness and Independence in Redistricting Act . (b) Finding Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Limit on congressional redistricting after an apportionment The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ). . 3. Requiring Redistricting to be Conducted Through Plan of Independent State Commission or Plan of Highest State Court (a) Use of Plan Required (1) In general Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with— (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 4; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 5. (2) Other criteria and procedures permitted Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming Amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting: in the manner provided by the John Tanner Fairness and Independence in Redistricting Act . 4. Independent Redistricting Commission (a) Administrative Matters (1) Appointment of members Each State shall establish an independent redistricting commission composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 1) from each of the following categories: (i) Members appointed by a member of the upper house of the State legislature who represents the political party with the greatest number of seats in that house. (ii) Members appointed by a member of the upper house of the State legislature who represents the political party with the second greatest number of seats in that house. (iii) Members appointed by a member of the lower house of the State legislature who represents the political party with the greatest number of seats in that house. (iv) Members appointed by a member of the lower house of the State legislature who represents the political party with the second greatest number of seats in that house. (2) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 2) from each of the following categories: (i) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the greatest number of votes on average in the 3 most recent general elections for that office. (ii) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the second greatest number of votes on average in the 3 most recent general elections for that office. (3) Eligibility An individual is eligible to serve as a member of an independent redistricting commission if— (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, or serve as an employee of a political party or candidate for election for public office, at any time during the 4-year period ending on the December 31 preceding the date of appointment; and (C) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ). (4) Vacancy A vacancy in the commission shall be filled in the manner in which the original appointment was made. (5) Deadline Each State shall establish a commission under this section, and the members of the commission shall appoint the commission’s chair, not later than the first February 1 which occurs after the chief executive of a State receives the State apportionment notice. (6) Appointment of chair required prior to development of redistricting plan The commission may not take any action to develop a redistricting plan for the State under subsection (b) until the appointment of the commission’s chair in accordance with paragraph (1)(E). (7) Requiring all meetings to be open to public The commission shall hold each of its meetings in public. (8) Internet site As soon as practicable after establishing the commission, the State shall establish and maintain a public Internet site for the commission which meets the following requirements: (A) The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. (B) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (C) The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). (D) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission’s activities. (b) Development of Redistricting Plan (1) Criteria The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the one person, one vote standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district, in the following order of priority: (i) The continuity of counties or parishes. (ii) The continuity of municipalities. (iii) The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). (E) To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). (F) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (2) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Solicitation of public input in development of plans The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission Internet site and other methods. (4) Public notice of plans prior to submission to legislature Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission Internet site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: (A) A detailed version of the plan, including a map showing each Congressional district established under the plan and the voting age population by race of each such district. (B) A statement providing specific information on how the adoption of the plan would serve the public interest. (C) Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. (c) Submission of Plans to Legislature (1) In general At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature After receiving any redistricting plan under paragraph (1), the legislature of a State may— (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan (A) In general A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and— (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if— (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. (d) Requiring Majority Approval For Actions The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (e) Termination (1) In general The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. 5. Selection of Plan by Courts (a) State Court (1) Submission and selection of plan If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 4(c)(3) by the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 4 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal Court (1) Failure of State court to select plan (A) Notice to court if plan not selected by State court If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by Federal court Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of State to establish commission (A) In general If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice— (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 4(b). (c) Access to Information and Records of Commission A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. 6. Special Rule For Redistricting Conducted Under Order of Federal Court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 , sections 4 and 5 shall apply with respect to the redistricting, except that— (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission’s chair (as described in section 4(a)(5)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(c)(1) and section 4(e)) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 5(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 5(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. 7. Payments to States For carrying out Redistricting (a) Authorization of Payments Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No Payment to States With Single Member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 8. State Apportionment Notice Defined In this Act, the State apportionment notice means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 9. No Effect on Elections for State and Local Office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 10. Effective Date This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020.

https://www.govinfo.gov/content/pkg/BILLS-113hr223ih/xml/BILLS-113hr223ih.xml

113-hr-224

I 113th CONGRESS 1st Session H. R. 224 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on Financial Services A BILL To terminate the authority of the Secretary of Housing and Urban Development to provide assistance under the Tenant Resource Network Program. 1. Short title This Act may be cited as the Stop Tenant Organizing Promotion Act . 2. Termination of authority to provide assistance under the Tenant Resource Network Program (a) Termination of authority Notwithstanding any other provision of law, after the date of the enactment of this Act, the Secretary of Housing and Urban Development may not carry out, support, or otherwise provide any assistance to the Tenant Resource Network Program authorized under section 514(f)(3) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 ( Public Law 105–65 ; 111 Stat. 1392). (b) Repeal of funding provision for the Tenant Resource Network Program Section 514(f)(3) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 is repealed. (c) Deficit reduction Any funds made available under section 514(f)(3) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 that have been allocated for use, but not yet obligated as of the date of the enactment of this Act, for the Tenant Resource Network Program shall not be available for obligation or expenditure under such Program, but should be covered into the General Fund of the Treasury and should be used only for reducing the budget deficit of the Federal Government.

https://www.govinfo.gov/content/pkg/BILLS-113hr224ih/xml/BILLS-113hr224ih.xml

113-hr-225

I 113th CONGRESS 1st Session H. R. 225 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Capps (for herself, Mrs. McMorris Rodgers , Ms. DeGette , Mr. Harper , Ms. Matsui , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions. 1. Short title This Act may be cited as the National Pediatric Research Network Act of 2013 . 2. National Pediatric Research Network Section 409D of the Public Health Service Act ( 42 U.S.C. 284h ; relating to the Pediatric Research Initiative) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: (d) National Pediatric Research Network (1) Network In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2). (2) Pediatric research consortia (A) In general The Director of the Institute may award funding, including through grants, contracts, or other mechanisms, to public or private nonprofit entities— (i) for planning, establishing, or strengthening pediatric research consortia; and (ii) for providing basic operating support for such consortia, including with respect to— (I) basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and (II) training researchers in pediatric research techniques in order to address unmet pediatric research needs. (B) Research The Director of NIH shall ensure that— (i) each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and (ii) one or more such consortia provide training described in subparagraph (A)(ii)(II). (C) Number of consortia The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia. (D) Organization of consortium Each consortium receiving an award under subparagraph (A) shall— (i) be formed from a collaboration of cooperating institutions; (ii) be coordinated by a lead institution; (iii) agree to disseminate scientific findings, including from clinical trials, rapidly and efficiently; and (iv) meet such requirements as may be prescribed by the Director of NIH. (E) Supplement, not supplant Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (F) Duration of support Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended at the discretion of the Director of NIH. (3) Coordination of consortia activities The Director of NIH shall— (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and (B) require the periodic preparation and submission to the Director of reports on the activities of each such consortium. (4) Assistance with registries Each consortium receiving an award under paragraph (2)(A) shall provide assistance to the Centers for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems as appropriate and upon request by the Director of the Centers. (e) Research on pediatric rare diseases or conditions (1) In general In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to— (A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); and (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions. (2) Data coordinating center (A) Establishment In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (B) Reporting The Director of NIH shall— (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403. .

https://www.govinfo.gov/content/pkg/BILLS-113hr225ih/xml/BILLS-113hr225ih.xml

113-hr-226

I 113th CONGRESS 1st Session H. R. 226 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. DeLauro (for herself and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for surrendering to authorities certain assault weapons. 1. Short title This Act may be cited as the Support Assault Firearms Elimination and Reduction for our Streets Act . 2. Assault weapon turn-in credit (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 26 the following new section: 25E. Assault weapon turn-in credit (a) Allowance of credit (1) In general In the case of an individual who surrenders a specified assault weapon to the United States or a State or local government (or political subdivision thereof) as part of a Federal, State, or local public safety program to reduce the number of privately owned weapons, on the election of the taxpayer there shall be allowed as a credit against the tax imposed by this chapter an amount equal to $2,000. (2) Year credit allowed The amount of the credit under paragraph (1) shall be allowed 1/2 for the taxable year during which the assault weapon was so surrendered and 1/2 in the next taxable year. (b) Special rules (1) Weapon must be lawfully possessed No credit shall be allowed under subsection (a) with respect to any specified assault weapon not lawfully possessed by the taxpayer at the time the weapon is surrendered. (2) Substantiation requirement No credit shall be allowed under subsection (a) for the surrender of any specified assault weapon unless the taxpayer substantiates the surrender by a contemporaneous written acknowledgment of the surrender by the Federal, State, or local governmental entity to which the weapon is surrendered. (3) Denial of double benefit The taxpayer may elect the application of this section with respect to only 1 weapon, and if such election is made for any taxable year, no deduction shall be allowed under any other provision of this chapter with respect to the surrender or contribution of the specified assault weapon. (c) Assault weapon For purposes of this section— (1) In general The term specified assault weapon means any of the following: (A) The following rifles or copies or duplicates thereof: (i) AK, AKM, AKS, AK–47, AK–74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, (ii) AR–10, (iii) AR–15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR, (iv) AR70, (v) Calico Liberty, (vi) Dragunov SVD Sniper Rifle or Dragunov SVU, (vii) Fabrique National FN/FAL, FN/LAR, or FNC, (viii) Hi-Point Carbine, (ix) HK–91, HK–93, HK–94, or HK–PSG–1, (x) Kel-Tec Sub Rifle, (xi) M1 Carbine, (xii) Saiga, (xiii) SAR–8, SAR–4800, (xiv) SKS with detachable magazine, (xv) SLG 95, (xvi) SLR 95 or 96, (xvii) Steyr AUG, (xviii) Sturm, Ruger Mini–14, (xix) Tavor, (xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando, or (xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz). (B) The following pistols or copies or duplicates thereof: (i) Calico M–110, (ii) MAC–10, MAC–11, or MPA3, (iii) Olympic Arms OA, (iv) TEC–9, TEC–DC9, TEC–22 Scorpion, or AB–10, or (v) Uzi. (C) The following shotguns or copies or duplicates thereof: (i) Armscor 30 BG, (ii) SPAS 12 or LAW 12, (iii) Striker 12, or (iv) Streetsweeper. (D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has— (i) a folding or telescoping stock, (ii) a threaded barrel, (iii) a pistol grip, (iv) a forward grip, or (v) a barrel shroud. (E) (i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has— (i) a second pistol grip, (ii) a threaded barrel, (iii) a barrel shroud, or (iv) the capacity to accept a detachable magazine at a location outside of the pistol grip. (G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (H) A semiautomatic shotgun that has— (i) a folding or telescoping stock, (ii) a pistol grip, (iii) the ability to accept a detachable magazine, or (iv) a fixed magazine capacity of more than 5 rounds. (I) A shotgun with a revolving cylinder. (J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L). (K) A conversion kit. (L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event. (2) Related definitions (A) Barrel shroud The term barrel shroud means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (B) Conversion kit The term conversion kit means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person. (C) Detachable magazine The term detachable magazine means an ammunition feeding device that can readily be inserted into a firearm. (D) Fixed magazine The term fixed magazine means an ammunition feeding device contained in, or permanently attached to, a firearm. (E) Folding or telescoping stock The term folding or telescoping stock means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (F) Forward grip The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (G) Pistol grip The term pistol grip means a grip, a thumbhole stock, or any other characteristic that can function as a grip. (H) Threaded barrel The term threaded barrel means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)). (d) Termination This section shall not apply with respect to any weapon surrendered during a taxable year beginning more than 2 years after the date of the enactment of the Support Assault Firearms Elimination and Reduction for our Streets Act. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting before the item relating to section 26 the following new item: Sec. 25E. Assault weapon turn-in credit. . (c) Effective date The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr226ih/xml/BILLS-113hr226ih.xml

113-hr-227

I 113th CONGRESS 1st Session H. R. 227 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Deutch (for himself, Mr. Connolly , and Mr. Quigley ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a gun buyback grant program. 1. Short title This Act may be cited as the Buyback Our Safety Act . 2. Gun buyback grant program (a) In general The Attorney General, through the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, shall establish a gun buyback grant program under which the Assistant Attorney General may make grants to law enforcement agencies of States, units of local government, and Indian tribal governments to assist in funding gun buyback programs carried out by such agencies. (b) Gun buyback program defined For purposes of this section, the term gun buyback program means, with respect to a law enforcement agency of a State, unit of local government, or Indian tribal government, a program carried out by such agency under which guns are purchased or surrendered to such agency. (c) Applications A law enforcement agency described in subsection (a) desiring a grant under this section shall submit to the Assistant Attorney General for the Office of Justice Programs an application for the grant, in accordance with subsection (d) and which shall be in such form and contain such information as the Assistant Attorney General may require. (d) Requirements The Assistant Attorney General may make a grant under this section to a law enforcement agency described in subsection (a), with respect to a gun buyback program, only if the application submitted under subsection (c) by such agency provides assurances that— (1) the law enforcement agency will adequately advertise such program to the public; (2) such program will be administered by law enforcement personnel; (3) all guns received through such program will remain in the possession of law enforcement personnel; (4) adequate safeguards will be established and followed to prevent the occurrence of fraud in such program; (5) the law enforcement agency will have in place a process to test on site a gun purchased from an individual through such program before payment is provided to such individual; and (6) an adequate process will be in place to destroy all guns received through such program. (e) Matching requirement (1) In general Subject to paragraph (2), to be eligible for a grant under this section, a law enforcement agency must certify that the law enforcement agency will match all Federal funds provided under such grant with an equal amount of cash or in-kind goods or services from other non-Federal sources. (2) Waiver The Assistant Attorney General for the Office of Justice Programs may waive, wholly or in part, the matching requirement under paragraph (1) with respect to a grant made under this section to a law enforcement agency for a gun buyback program if such program provides for obtaining only the guns identified by the National Academy of Sciences pursuant to subsection (f). (f) National Academy of Sciences Standards The Attorney General, through the Assistant Attorney General for the Office of Justice Programs, shall enter into an arrangement with the National Academy of Sciences to develop standards for identifying, and identify, guns that are the most likely to be used in violent crimes and establish a pricing scale for purchasing guns so identified through gun buyback programs receiving grants under this section. (g) Reports (1) Reports required by grantees In the case of a law enforcement agency described in subsection (a) receiving a grant under this section with respect to a gun buyback program, such agency shall submit to the Assistant Attorney General for the Office of Justice Programs— (A) not later than 90 days after receipt of such grant and every 90 days thereafter during the period for which the program is carried out, a report including— (i) the number and types of guns collected and destroyed through such program during such period; and (ii) recommendations for improving future gun buyback programs in the jurisdiction of such agency; and (B) not later than 90 days after the last day of such program, a final report including the information described in each of subclauses (I) and (II) of clause (i) with respect to the duration of the program. (2) Reports by the Office of Justice Programs Not later than one year after the date of the enactment of this section and annually thereafter, the Assistant Attorney General for the Office of Justice Programs shall submit to Congress a report on— (A) the number of gun buyback programs that received funding under this section; (B) the number of guns received through each such gun buyback program; (C) the total number of guns purchased through all such gun buyback programs; and (D) recommendations on improving the grant program under this section and gun buyback programs. (h) Definitions For purposes of this section: (1) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (2) Unit of local government The term unit of local government means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. (3) Violent crime The term violent crime means murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault, as reported by the Federal Bureau of Investigation for purposes of the Uniform Crime Report. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr227ih/xml/BILLS-113hr227ih.xml

113-hr-228

I 113th CONGRESS 1st Session H. R. 228 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to prevent the payment of cash to recipients of supplemental nutrition assistance for the return of empty bottles and cans used to contain food purchased with benefits provided under such Act. 1. Short title This Act may be cited as the SNAP Fraud Prevention Act of 2013 . 2. Amendments Section 3(k)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k)(1) ) is amended— (1) by striking and hot foods and inserting hot foods , and (2) by adding at the end the following: and any deposit fee in excess of amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether such fee is included in the shelf price posted for such food or food product, . 3. Effective date This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr228ih/xml/BILLS-113hr228ih.xml

113-hr-229

I 113th CONGRESS 1st Session H. R. 229 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Al Green of Texas (for himself, Mr. Hastings of Florida , Ms. Lee of California , Ms. Moore , Ms. Wilson of Florida , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act to provide for the calculation of the minimum wage based on the Federal poverty threshold for a family of 2, as determined by the Bureau of the Census. 1. Short title This Act may be cited as the Original Living American Wage (LAW) Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In 2009, there were over 43,600,000 Americans living in poverty who were separated from the opportunities of the Nation by their income, their housing, and their access to education, jobs, and health care. (2) A full-time worker earning the Federal minimum wage earns an income below the Federal poverty threshold for a family of 2, consisting of 1 adult and 1 child. (3) The average fair market rent for a 1-bedroom apartment is more than 65 percent of the monthly income of a full-time worker earning the minimum wage. In comparison, the generally accepted definition of affordability is for a household to pay not more than 30 percent of its income on housing. (4) Two full-time workers earning the Federal minimum wage earn an income below the national housing wage for a 1-bedroom apartment, the amount a person needs to earn to afford a 1-bedroom apartment at average rent. (b) Sense of Congress It is the sense of Congress that— (1) the Federal minimum wage should, as a minimum, be adjusted every 4 years so that a person working for such a wage may earn an annual income that is not less than 15 percent higher than the Federal poverty threshold for a family of 2, as determined by the Bureau of the Census; (2) the minimum wage should be set at a level high enough to allow 2 full-time minimum wage workers to earn an income above the national housing wage; and (3) Congress, any of the several States, the District of Columbia, any Territory or possession of the United States, any Indian tribe, or any local or municipal government of a State may establish a higher minimum wage requirement than that established in this Act. 3. Minimum wage Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended— (1) in subsection (a)(1)— (A) by striking and at the end of subparagraph (B); (B) by inserting and at the end of subparagraph (C); and (C) by inserting at the end the following: (D) not less than the amount determined by the Secretary under subsection (b), beginning September 1, 2013; ; and (2) by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following: (b) (1) Subject to paragraph (2), not later than June 1, 2013, and once every 4 years thereafter, the Secretary shall determine the minimum wage rate applicable under subsection (a)(1) based on the formula described in paragraph (3). The Secretary shall publish such wage rate in the Federal Register not later than October 1 of each year. (2) If the minimum wage rate determined by the Secretary under paragraph (1) would result in a lower minimum wage rate than the minimum wage rate in effect at the time of such determination, the Secretary shall not adjust, pursuant to this subsection, the minimum wage rate so in effect. (3) The minimum wage rate determined by the Secretary under paragraph (1) shall be the minimum hourly wage sufficient for a person working for such wage for 40 hours per week, 52 weeks per year, to earn an annual income in an amount that is 15 percent higher than the Federal poverty threshold for a family of 2, with one child under the age of 18, and living in any of the 48 contiguous States, as published by the Bureau of the Census for the year in which the wage rate is being so determined. .

https://www.govinfo.gov/content/pkg/BILLS-113hr229ih/xml/BILLS-113hr229ih.xml

113-hr-230

I 113th CONGRESS 1st Session H. R. 230 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Al Green of Texas (for himself, Ms. Jackson Lee , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Transportation and Infrastructure and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Labor and the Secretary of Commerce to create a job training program and an economic stability program to stabilize the workforce and promote economic growth in the Johnson Space Center region. 1. Short title This Act may be cited as the Johnson Space Center Workforce of 2013 . 2. Job training (a) Program authorized Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall create a job training program to assist any affected worker in the Johnson Space Center region to transition to a new job. Such program may include a one-stop career center tailored to the needs of affected workers in the Johnson Space Center region. (b) Duration The job training program created under this section shall terminate 2 years after its creation. 3. Economic stability (a) Cooperative agreements authorized Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Economic Development Administration of the Department of Commerce (referred to in this section as the EDA ), shall enter into cooperative agreements with eligible recipients in the Johnson Space Center region to help stabilize the workforce in such region and to promote economic growth. (b) Application An eligible recipient that desires to receive funds under this section shall submit an application that contains a comprehensive economic adjustment strategy to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may reasonably require. (c) Uses of funds The EDA, acting through a cooperative agreement with an eligible recipient, shall use funds authorized to carry out this section for activities to help stabilize the workforce and promote economic growth in the Johnson Space Center region, which may include— (1) providing financial and technical assistance to eligible recipients to help implement the comprehensive economic adjustment strategy, which may include efforts such as infrastructure upgrades, establishing entrepreneurial networks, and establishing skill training facilities; and (2) analyzing whether other methods for economic adjustment that have been successful in similar situations may be effective in the Johnson Space Center region, and if so, implementing such methods, which may include— (A) supporting efforts to start new technology ventures based on the specific skills of dislocated engineers; (B) providing technical assistance to guide public officials, management, and affected workers; and (C) providing additional oversight through visits to the Johnson Space Center region. (d) Duration The cooperative agreements entered into under this section shall be for a 2-year period. 4. Definitions (a) Johnson Space Center region The term Johnson Space Center region means the locality surrounding the Johnson Space Center that contains affected workers. (b) Affected Worker The term affected worker means any employee of the Johnson Space Center or any individual who works for a contractor of the Johnson Space Center whose job stability is impacted by the programmatic changes to the space exploration program of the National Aeronautics and Space Administration. (c) One-Stop Career Center The term one-stop career center means a comprehensive office dedicated to helping individuals who are unemployed find new employment that offers training referrals, career counseling, job listings, and similar employment-related services. (d) Cooperative Agreement The term cooperative agreement has the meaning given the term in chapter 63 of title 31, United States Code. (e) Eligible Recipient and Comprehensive Economic Adjustment Strategy The terms eligible recipient and comprehensive economic adjustment strategy have the meanings given the terms in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 ). 5. Authorization of Appropriations (a) In General There are authorized to be appropriated to carry out this Act— (1) $40,000,000 for fiscal year 2012; and (2) $40,000,000 for fiscal year 2013. (b) Allocation Of the amounts appropriated to carry out this Act for each fiscal year— (1) the Secretary of Labor may use not more than $10,000,000 for the job training program; and (2) the Secretary of Commerce may use not more than $30,000,000 for the economic stability program.

https://www.govinfo.gov/content/pkg/BILLS-113hr230ih/xml/BILLS-113hr230ih.xml

113-hr-231

I 113th CONGRESS 1st Session H. R. 231 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the programs of the Department of Housing and Urban Development for housing assistance for Native Hawaiians. 1. Short title This Act may be cited as the Hawaiian Homeownership Opportunity Act of 2013 . 2. Authorization of appropriations for housing assistance Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 ), as added by section 513 of Public Law 106–569 (114 Stat. 2969), is amended by striking fiscal years and all that follows and inserting the following: fiscal years 2013, 2014, 2015, 2016, and 2017. . 3. Loan guarantees for Native Hawaiian housing Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ), as added by section 514 of Public Law 106–569 (114 Stat. 2989), is amended as follows: (1) Authorization of appropriations In subsection (j)(7), by striking fiscal years and all that follows and inserting the following: fiscal years 2013, 2014, 2015, 2016, and 2017. . (2) Authority In subsection (b), by striking or as a result of a lack of access to private financial markets . (3) Eligible housing In subsection (c), by striking paragraph (2) and inserting the following new paragraph: (2) Eligible housing The loan will be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing and are located on Hawaiian Home Lands. .

https://www.govinfo.gov/content/pkg/BILLS-113hr231ih/xml/BILLS-113hr231ih.xml

113-hr-232

I 113th CONGRESS 1st Session H. R. 232 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Harper 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 permit direct payment to pharmacies for certain compounded drugs that are prepared by the pharmacies for a specific beneficiary for use through an implanted infusion pump. 1. Medicare direct payment to pharmacies for certain compounded drugs that are prepared by the pharmacies for a specific beneficiary for use through an implanted infusion pump (a) In general The first sentence of section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) ) is amended— (1) by striking and before (H) ; and (2) by inserting before the period at the end the following: , and (I) in the case of covered compounded drugs that are prepared by a pharmacy for a specific individual, are dispensed, directly or indirectly, to the individual, are necessary for the effective use of, or therapeutic benefit from, an implanted infusion pump (regardless of who refills the pump), and are billed directly by the pharmacy, payment shall be made to the pharmacy . (b) Effective date The amendments made by subsection (a) shall apply to drugs dispensed on or after January 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr232ih/xml/BILLS-113hr232ih.xml

113-hr-233

I 113th CONGRESS 1st Session H. R. 233 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Honda introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend chapter 31 of title 31, United States Code, to provide for an orderly process by which the debt ceiling is increased. 1. Extension of presidential modification of the debt ceiling (a) In general Chapter 31 of title 31, United States Code, is amended by inserting after section 3101A the following new section: 3101B. Extension of presidential modification of the debt ceiling (a) Extension of debt limit Whenever the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments, the Secretary of the Treasury may exercise authority to borrow an additional amount that the Secretary estimates is sufficient to meet commitments for one year, subject to the enactment of a joint resolution of disapproval enacted pursuant to this section. The written certification shall also contain the amount that the Secretary so estimates is sufficient. (b) Joint resolution of disapproval (1) In general The debt limit may not be raised under this section if, within 50 calendar days after the date on which Congress receives a certification described in subsection (a), there is enacted into law a joint resolution disapproving the President’s exercise of authority with respect to such additional amount. (2) Contents of joint resolution For the purpose of this section, the term joint resolution means only a joint resolution— (A) for the certification described in subsection (a); (B) which does not have a preamble; (C) the title of which is only as follows: Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit by $________, as submitted under section 3101B of title 31, United States Code, on ______ (with the first blank containing the amount of such proposed increase and the second blank containing the date of such submission); and (D) the matter after the resolving clause of which is only as follows: That Congress disapproves of the President’s exercise of authority to increase the debt limit, as exercised pursuant to the certification under section 3101B(a) of title 31, United States Code. . (c) Expedited consideration; amendment not in order; coordination with action by other House The provisions of subsections (c), (d), (e), and (f) of section 3101A shall apply to any joint resolution of disapproval under this section, except that— (1) the date set forth in section (d)(3) of such section; (2) the exception for the $400,000,000,000 increase described in subsection (f)(5) of such section; and (3) subsection (f)(6); shall be inapplicable. . (b) Rules of the House of Representatives and Senate Section 3101A(g) is amended by inserting and subsections (b) and (c) of section 3101B before are enacted by Congress . (c) Conforming amendment The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following new item: 3101B. Extension of presidential modification of the debt ceiling. .

https://www.govinfo.gov/content/pkg/BILLS-113hr233ih/xml/BILLS-113hr233ih.xml

113-hr-234

I 113th CONGRESS 1st Session H. R. 234 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish the Fannie Mae and Freddie Mac Investigative Commission to investigate the policies and practices engaged in by officers and directors at Fannie Mae and Freddie Mac responsible for making the decisions that led to the enterprises’ financial instability and the subsequent Federal conservatorship of such enterprises. 1. Short title This Act may be cited as the Fannie Mae and Freddie Mac Investigative Commission Act . 2. Definitions In this Act: (1) The term Commission means the Fannie Mae and Freddie Mac Investigative Commission established under section 3. (2) The term Fannie Mae means the Federal National Mortgage Corporation. (3) The term Freddie Mac means the Federal Home Loan Mortgage Corporation. 3. Establishment There is established a commission to be known as the Fannie Mae and Freddie Mac Investigative Commission . 4. Duty of the Commission (a) In general The Commission shall investigate, determine, and make recommendations to Congress with respect to the policies, practices, and board decisions of Fannie Mae and Freddie Mac subsequent to the actions of the Resolution Trust Corporation during the late 1980s and from the 1990s through the present that led to the enterprises’ financial instability and the subsequent Federal conservatorship of such enterprises. (b) Specific topics In carrying out its duty under subsection (a), the Commission shall address and analyze, by year, beginning in 1990 and through the present, the following: (1) The appropriate role of Fannie Mae and Freddie Mac in expanding homeownership and the appropriate role in helping the housing market recover nationwide. (2) Fannie Mae and Freddie Mac’s involvement, if any, in the development of faulty risk standards and accounting practices and the creation and proliferation of the securitized mortgage instrument, and how such instrument affected the solvency of such enterprises. (3) The role of the boards of directors of Fannie Mae and Freddie Mac in developing and voting for the investment, accounting, and contracting policies of such enterprises, particularly as they relate to risk assessments, subprime mortgages, and the international securitization of mortgages. (4) Any board members, working committees, or executive officers responsible for making the decisions to adapt or change risk assessments or grow Fannie Mae and Freddie Mac’s portfolios of subprime mortgage loans, a summary of actual board votes on the same, and the process that led to such decisions. (5) The decisions of the boards or executive officers of Fannie Mae and Freddie Mac that contributed or may have contributed to the overvaluation of risky mortgage investments in the stock market and, later, to the growth of the subprime mortgage industry. (6) The annual compensation, including all forms of compensation, stock options, and other financial benefits accrued to each of Fannie Mae and Freddie Mac's executive officers and members of the boards of directors. (7) Such other matters that the Congress may place before the Commission. 5. Membership (a) Number and appointment (1) In general The Commission shall be composed of 8 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) Two members appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) Two members appointed by the minority leader of the Senate. (2) Qualifications Members of the Commission shall be individuals who are of recognized standing and distinction in the areas of banking, securities and finance regulation, consumer advocacy and fair housing programs, and the mortgage industry. (3) Conflict of interest Members of the Commission shall not have a conflict of interest that is relevant to any matter the Commission is required to investigate under section 4. (4) Deadline for appointment Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (5) Chairperson The Chairperson of the Commission shall be designated by the Speaker of the House of Representatives at the time of appointment. (b) Terms (1) In general Each member shall be appointed for the life of the Commission. (2) Vacancies A vacancy on the Commission shall— (A) not affect the power of the remaining members to execute the duty of the Commission; and (B) be filled in the manner in which the original appointment was made. (c) Compensation (1) Rates of Pay; Travel Expenses Each member shall serve without pay, except that each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (2) Prohibition of Compensation of Federal Employees Notwithstanding paragraph (1), any member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits because of service on the Commission. (d) Meeting requirements (1) Frequency (A) Quarterly meetings The Commission shall meet at least quarterly. (B) Additional meetings In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members. (2) Quorum Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (3) Meeting by telephone or other appropriate technology Members of the Commission are permitted to meet using telephones or other suitable telecommunications technologies provided that all members of the Commission can fully communicate with all other members simultaneously. 6. Director and Staff of Commission; Experts and Consultants (a) Director (1) Appointment The Commission shall have a Director who shall be appointed by the Chairperson with the approval of the Commission. (2) Credentials The Director shall have experience in the areas of banking, securities and finance regulation, consumer advocacy and fair housing programs, and the mortgage industry. (3) Salary The Director shall be paid at a rate determined by the Chairperson with the approval of the Commission, except that such rate may not exceed the rate of basic pay for GS–15 of the General Schedule. (b) Staff With the approval of the Chairperson, the Director may appoint and fix the pay of additional qualified personnel as the Director considers appropriate. (c) Experts and consultants With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS–15 of the General Schedule. (d) Staff of Federal Agencies Upon request of the Commission, Chairperson, or Director, the head of any Federal department or agency may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duty under this Act. 7. Powers of Commission (a) Hearings and sessions The Commission may, for the purposes of carrying out this Act, hold hearings, sit and act at such times and such places, take testimony, and receive evidence as the Commission considers appropriate. (b) 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 under investigation by the Commission. (2) Issuance and signature Subpoenas issued under paragraph (1) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (3) Enforcement 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. (c) 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 under this Act. (d) 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 its duty under this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Commission. (e) Physical facilities and equipment The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable facilities and equipment for the operation of the Commission on a nonreimbursable basis. (f) Administrative support services Upon request of the Commission, the Architect of the Capitol and the Administrator of the General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request in order for the Commission to carry out its duty under this Act. (g) Bylaws, rules, and regulations The Commission may adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its duties. (h) Commission Records The Commission shall keep accurate and complete records of its doings and transactions which shall be made available for public inspection, and for the purpose of audit and examination by the Comptroller General or his designee. 8. Information from Freddie Mac, Fannie Mae, and the FHFA (a) Enterprises Fannie Mae and Freddie Mac shall provide full and prompt access to the Commission to any books, records, and other information requested for the purposes of carrying out its duty under this Act. (b) FHFA Upon request of the Commission, the Director of the Federal Housing Finance Agency shall provide access to any information necessary to assist the Commission in carrying out its duty under this Act. 9. Report Not later than 12 months after the date on which all initial members are appointed, the Commission shall submit to Congress a final report containing a detailed statement of the findings, conclusions, and recommendations of the Commission. 10. Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary for fiscal year 2013 to carry out this Act. 11. Termination The Commission shall terminate following the submission and presentation of its final report and recommendations under section 9, but not later than 30 days after such submission and presentation.

https://www.govinfo.gov/content/pkg/BILLS-113hr234ih/xml/BILLS-113hr234ih.xml

113-hr-235

I 113th CONGRESS 1st Session H. R. 235 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Kinzinger of Illinois (for himself and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide grants to States to streamline State requirements and procedures for veterans with military emergency medical training to become civilian emergency medical technicians. 1. Short title This Act may be cited as the Veteran Emergency Medical Technician Support Act of 2013 . 2. Assisting veterans with military emergency medical training to meet requirements for becoming civilian emergency medical technicians (a) In general Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 314 the following: 315. Assisting veterans with military emergency medical training to meet requirements for becoming civilian emergency medical technicians (a) Program The Secretary shall establish a program consisting of awarding demonstration grants to States to streamline State requirements and procedures in order to assist veterans who completed military emergency medical technician training while serving in the Armed Forces of the United States to meet certification, licensure, and other requirements applicable to becoming an emergency medical technician in the State. (b) Use of funds Amounts received as a demonstration grant under this section shall be used to prepare and implement a plan to streamline State requirements and procedures as described in subsection (a), including by— (1) determining the extent to which the requirements for the education, training, and skill level of emergency medical technicians in the State are equivalent to requirements for the education, training, and skill level of military emergency medical technicians; and (2) identifying methods, such as waivers, for military emergency medical technicians to forego or meet any such equivalent State requirements. (c) Eligibility To be eligible for a grant under this section, a State shall demonstrate that the State has a shortage of emergency medical technicians. (d) Report The Secretary shall submit to the Congress an annual report on the program under this section. (e) Funding Of the amount authorized by section 751(j)(1) to be appropriated to carry out section 751 for fiscal year 2014, there is authorized to be appropriated to carry out this section $1,000,000 for the period of fiscal years 2014 through 2018. . (b) Conforming Amendment Section 751(j)(1) of the Public Health Service Act (42 U.S.C. 294a(j)(1)) is amended by striking There is authorized to be appropriated and inserting Subject to section 315(e), there is authorized to be appropriated .

https://www.govinfo.gov/content/pkg/BILLS-113hr235ih/xml/BILLS-113hr235ih.xml

113-hr-236

I 113th CONGRESS 1st Session H. R. 236 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Langevin (for himself, Mr. Van Hollen , Mr. Grijalva , Mr. Cicilline , Mr. Rush , Mr. Cartwright , and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure greater accountability by licensed firearms dealers. 1. Short title This Act may be cited as the Crackdown on Deadbeat Gun Dealers Act of 2013 . 2. Increasing the number of allowed compliance inspections of firearms dealers Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking once and inserting 3 times . 3. Increasing penalties on firearms licensees Section 924(a)(3) of title 18, United States Code is amended by striking one year and inserting 5 years . 4. Serious recordkeeping offenses that aid gun trafficking Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ; but if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both. . 5. Suspension of firearms dealer’s license and civil penalties for violations of the gun control act Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: (e) The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. The Attorney General’s actions under this subsection may be reviewed only as provided in subsection (f). (f) (1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. (2) If the Attorney General denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Attorney General shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. (3) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party’s principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court. . 6. Termination of firearms dealer’s license upon felony conviction Section 925(b) of title 18, United States Code, is amended by striking until any conviction pursuant to the indictment becomes final and inserting until the date of any conviction pursuant to the indictment . 7. Authority to hire additional personnel The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 50 additional personnel for the purpose of carrying out additional inspections as provided for in the amendments made by this Act. 8. Report to the Congress The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on the implementation of this Act, which shall include a statement by the Director as to what additional resources, if any, are necessary in order to implement this Act, and any recommendations of the Director for how better to ensure that firearms dealers are complying with all laws and regulations that apply with respect to dealing in firearms, and that noncompliant firearms dealers are subject to appropriate action in a timely manner.

https://www.govinfo.gov/content/pkg/BILLS-113hr236ih/xml/BILLS-113hr236ih.xml

113-hr-237

I 113th CONGRESS 1st Session H. R. 237 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Marino 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 reduce the number of civil service positions within the executive branch, and for other purposes. 1. Short title This Act may be cited as the Federal Hiring Freeze Act of 2013 . 2. Reducing the number of Federal employees Section 3101 of title 5, United States Code, is amended— (1) by striking Each Executive agency and inserting (a) In general .—Subject to subsection (b), each Executive agency ; and (2) by adding at the end the following: (b) Reduction in number of employees (1) Hiring freeze During each fiscal year which begins after the date of the enactment of this subsection and for which the Director of the Office of Management and Budget projects that there will be a Federal budget deficit, the head of an Executive agency may not appoint an individual to any position in the agency, except as otherwise provided in this subsection. (2) Exemptions The President may waive the application of paragraph (1) in any of the following circumstances or for any of the following reasons: (A) The existence of a state of war or other vital national security concern. (B) To make an appointment (including to a position within the Bureau of Prisons) for purposes relating to Federal law enforcement. (C) To carry out a written commitment made by the Government on or before the date of the enactment of this subsection. (D) To make 1 or more appointments involving only the reassignment of personnel within the same agency. (E) The appointment is to a position under the Executive Schedule. (F) The appointment is of a short-term, seasonal, or intermittent nature and consistent with the agency’s hiring pattern and personnel levels of the previous fiscal year. (G) The appointment is to a position in the Executive Office of the President and necessary to facilitate the orderly transition and operation of a new Presidential administration. (H) The appointment is to a position within the United States Postal Service or the Postal Regulatory Commission. (I) The appointment is to a position within the Federal Aviation Administration as an air traffic controller. (3) Reports to Congress (A) In general Not later than 90 days after the end of each quarter of a fiscal year, the President shall provide Congress with a report containing a list of each appointment approved by the President under this subsection during the quarter, broken down by Executive agency. (B) Information included The list contained in a report provided to Congress under subparagraph (A) shall include a description of the position associated with each approved appointment, but shall not provide any information that may be used to identify the individual appointed to the position. (C) Public dissemination The President shall make each report provided to Congress under subparagraph (A) available to the public by posting the report on the official public website of the Executive Office of the President in a searchable, sortable, and down­load­able manner. (4) Termination Paragraph (1) shall cease to apply after the date as of which the Director of the Office of Management and Budget determines that a Federal budget deficit no longer exists. .

https://www.govinfo.gov/content/pkg/BILLS-113hr237ih/xml/BILLS-113hr237ih.xml

113-hr-238

I 113th CONGRESS 1st Session H. R. 238 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Meng introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms, and for other purposes. 1. Short title This Act may be cited as the Fire Sale Loophole Closing Act . 2. Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms (a) Restrictions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for a person who has been notified by the Attorney General that the Attorney General has made a determination to revoke a license issued to the person under this chapter to import, manufacture, or deal in firearms, or to deny an application of the person to renew such a license, to— (i) transfer a business inventory firearm of the person— (I) into a personal collection of the person; or (II) to an employee of the person, or to an individual described in section 923(d)(1)(B) with respect to the person; or (ii) receive a firearm that was a business inventory firearm of the person as of the date the person received the notice. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. (2) (A) It shall be unlawful for a person, on or after the effective date of the revocation of a license issued to the person under this chapter to import, manufacture, or deal in firearms, or (in the case that the application of the person to renew such a license is denied) on or after the date the license expires, to— (i) engage in conduct prohibited by paragraph (1); or (ii) transfer to any other person (except a person licensed under this chapter or a Federal, State, or local law enforcement agency) a firearm that was a business inventory firearm of the person as of the effective date or expiration date, as the case may be. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is reversed. . (b) Business inventory defined Section 921(a) of such title is amended by adding at the end the following: (36) Business inventory firearm The term business inventory firearm means, with respect to a person, a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person. . (c) Conforming amendment Section 923(c) of such title is amended in the 2nd sentence by inserting section 922(aa) and to after subject only to . (d) Penalties Section 924(a) of such title is amended by adding at the end the following:. (8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 1 year (or, if the violation was willful, 5 years), or both. . (e) Requirement that license revocation or application denial notice include text of law prohibiting dealing in firearms without a Federal firearms license and restricting transfer of firearms after receipt of official license revocation or renewal application denial notice Section 923(f)(1) of such title is amended in the last sentence by inserting , and shall set forth the provisions of Federal law and regulation which prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms or are relevant in determining whether a person is doing so, and the provisions of section 922(aa) before the period.

https://www.govinfo.gov/content/pkg/BILLS-113hr238ih/xml/BILLS-113hr238ih.xml

113-hr-239

I 113th CONGRESS 1st Session H. R. 239 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on the Budget A BILL To require zero-based budgeting for departments and agencies of the Government. 1. Short title This Act may be cited as the Zero-based Budgeting Ensures Responsible Oversight (ZERO) Act of 2013 . 2. Zero-based budgeting Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: (i) (1) The President shall submit with materials related to each budget transmitted under subsection (a) on or after January 1, 2015, a budget for each department and agency which contains the following information: (A) A description of each activity for which the department or agency receives an appropriation in the current fiscal year or for which the department or agency requests an appropriation for the budget year. (B) The legal basis for each activity. (C) For each activity, three alternative funding levels for the budget year, and a summary of the priorities that would be accomplished within each level, and the additional increments of value that would be added by the higher funding levels. At least two of these funding levels shall be below the funding level for the current fiscal year. (D) For each activity, one or more measures of its cost efficiency and effectiveness. (2) As soon as practicable, the Director of the Office of Management and Budget shall publish guidelines to carry out this subsection. The guidelines shall require that the baseline budget of each department or agency is assumed to be zero and each proposed expenditure shall be justified as if it were a new expenditure. .

https://www.govinfo.gov/content/pkg/BILLS-113hr239ih/xml/BILLS-113hr239ih.xml

113-hr-240

I 113th CONGRESS 1st Session H. R. 240 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a program to provide reinsurance for State natural catastrophe insurance programs to help the United States better prepare for and protect its citizens against the ravages of natural catastrophes, to encourage and promote mitigation and prevention for, and recovery and rebuilding from such catastrophes, and to better assist in the financial recovery from such catastrophes. 1. Short title; table of contents (a) Short title This Act may be cited as the Homeowners Insurance Protection 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. Congressional findings. Sec. 3. National Commission on Catastrophe Preparation and Protection. Sec. 4. Program authority. Sec. 5. Qualified lines of coverage. Sec. 6. Covered perils. Sec. 7. Contracts for reinsurance coverage for eligible State programs. Sec. 8. Treatment of insured losses and maximum Federal liability. Sec. 9. Catastrophe capital reserve funds. Sec. 10. Consumer Hurricane, Earthquake, Loss Protection (HELP) Fund. Sec. 11. Annual study concerning benefits of reinsurance program. Sec. 12. Definitions. Sec. 13. Regulations. Sec. 14. Termination. 2. Congressional findings The Congress finds that— (1) the United States needs to take actions to be better prepared for and better protected from catastrophes; (2) the hurricane seasons of 2004 and 2005 are startling reminders of both the human and economic devastation that hurricanes, flooding, and other natural disasters can cause; (3) if a hurricane similar to the deadly 1900 Galveston hurricane occurred again it could cause over $36,000,000,000 in loss; (4) if the 1904 San Francisco earthquake occurred again it could cause over $400,000,000,000 in loss; (5) if a Category 5 hurricane were to hit Miami it could cause over $50,000,000,000 in loss and devastate the insurance industry in the United States; (6) if the 1938 Long Island Express were to occur again it could cause over $30,000,000,000 in damage and if a hurricane that strong were to directly hit Manhattan it could cause over $150,000,000,000 in damage and cause irreparable harm to our Nation’s economy; (7) a more comprehensive and integrated approach to dealing with catastrophes is needed; (8) using history as a guide, natural catastrophes will inevitably place a tremendous strain on homeowners’ insurance markets in many areas, will raise costs for consumers, and will jeopardize the ability of many consumers to adequately insure their homes and possessions; (9) the lack of sufficient insurance capacity and the inability of private insurers to build enough capital, in a short amount of time, threatens to increase the number of uninsured homeowners, which, in turn, increases the risk of mortgage defaults and the strain on the Nation’s banking system; (10) some States have intervened to ensure the continued availability and affordability of homeowners’ insurance for all residents; (11) it is appropriate that efforts to improve insurance availability be designed and implemented at the State level; (12) while State insurance programs may be adequate to cover losses from most natural disasters, a small percentage of events are likely to exceed the financial capacity of these programs and the local insurance markets; (13) making available limited Federal reinsurance would improve the effectiveness of State insurance programs and private insurance markets and would increase the likelihood that homeowners’ insurance claims will be fully paid in the event of a large natural catastrophe and that routine claims that occur after a mega-catastrophe will also continue to be paid; (14) it is necessary to provide a Federal reinsurance program on a temporary basis that will provide more protection at an overall lower cost and that will promote stability in the homeowners’ insurance market in the short term and encourage growth of reinsurance capacity by the private and capital markets as soon as practical; (15) it is the proper role of the Federal Government to prepare for and protect its citizens from catastrophes and to facilitate consumer protection, victim assistance, and recovery, including financial recovery; (16) any Federal reinsurance program must be founded upon sound actuarial principles and priced in a manner that minimizes the potential impact on the Treasury of the United States, encourages the creation of State funds and maximizes the buying potential of these State funds, encourages and promotes prevention and mitigation, recovery and rebuilding, and consumer education, and emphasizes continuous analysis and improvement; and (17) such a Federal reinsurance program should not remain in existence longer than necessary for the private entities or the capital markets, or both, to provide adequate reinsurance capacity to address the homeowners’ insurance market. 3. National Commission on Catastrophe Preparation and Protection (a) Establishment The Secretary of the Treasury shall establish a commission to be known as the National Commission on Catastrophe Preparation and Protection. (b) Duties The Commission shall meet for the purpose of advising the Secretary regarding the estimated loss costs associated with the contracts for reinsurance coverage available under this Act and carrying out the functions specified in this Act, including— (1) the development and implementation of public education concerning the risks posed by natural catastrophes; (2) the development and implementation of prevention, mitigation, recovery, and rebuilding standards that better prepare and protect the United States from catastrophes; (3) the establishment of requirements under section 7(e) to ensure that cost savings resulting from this Act inure to the benefit of consumers; and (4) conducting continuous analysis of the effectiveness of this Act and recommending improvements to the Congress so that the costs of providing catastrophe protection are decreased and so that the United States is better prepared. (c) Members (1) Appointment and qualification The Commission shall consist of 9 members, as follows: (A) Homeland security member The Secretary of Homeland Security or the Secretary’s designee. (B) Appointed members Eight members appointed by the Secretary, who shall consist of— (i) one individual who is an actuary; (ii) one individual who is employed in engineering; (iii) one individual representing the scientific community; (iv) one individual representing property and casualty insurers; (v) one individual representing reinsurers; (vi) one individual who is a member or former member of the National Association of Insurance Commissioners; and (vii) two individuals who are consumers. (2) Prevention of conflicts of interest Members shall have no personal or financial interest at stake in the deliberations of the Commission. (d) Treatment of non-Federal members Each member of the Commission who is not otherwise employed by the Federal Government shall be considered a special Government employee for purposes of sections 202 and 208 of title 18, United States Code. (e) Experts and consultants The Commission may procure temporary and intermittent services from individuals or groups recognized as experts in the fields of meteorology, seismology, vulcanology, geology, structural engineering, wind engineering, and hydrology, and other fields, under section 3109(b) of title 5, United States Code, but at a rate not in excess of the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule, for each day during which the individual procured is performing such services for the Commission. The Commission may also procure, and the Congress encourages the Commission to procure, experts from universities, research centers, foundations, and other appropriate organizations who could study, research, and develop methods and mechanisms that could be utilized to strengthen structures to better withstand the perils covered by this Act. (f) Compensation Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate of basic pay payable for level V of the Executive Schedule, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (g) Obtaining data The Commission and the Secretary may solicit loss exposure data and such other information either deems necessary to carry out its responsibilities from governmental agencies and bodies and organizations that act as statistical agents for the insurance industry. The Commission and the Secretary shall take such actions as are necessary to ensure that information that either deems is confidential or proprietary is disclosed only to authorized individuals working for the Commission or the Secretary. No company which refuses to provide information requested by the Commission or the Secretary may participate in the program for reinsurance coverage authorized under this Act, nor may any State insurance or reinsurance program participate if any governmental agency within that State has refused to provide information requested by the Commission or the Secretary. (h) Funding (1) Authorization of appropriations There is authorized to be appropriated— (A) $10,000,000 for fiscal year 2014 for the initial expenses in establishing the Commission and the initial activities of the Commission that cannot timely be covered by amounts obtained pursuant to section 7(b)(6)(B)(iii), as determined by the Secretary; (B) such additional sums as may be necessary to carry out subsequent activities of the Commission; (C) $10,000,000 for fiscal year 2014 for the initial expenses of the Secretary in carrying out the program authorized under section 4; and (D) such additional sums as may be necessary to carry out subsequent activities of the Secretary under this Act. (2) Offset The Secretary shall provide, to the maximum extent practicable, that an amount equal to any amount appropriated under paragraph (1) is obtained from purchasers of reinsurance coverage under this Act and deposited in the Fund established under section 10. Such amounts shall be obtained by inclusion of a provision for the Secretary’s and the Commission’s expenses incorporated into the pricing of the contracts for such reinsurance coverage, pursuant to section 7(b)(6)(B)(iii). (i) Termination The Commission shall terminate upon the effective date of the repeal under section 14(c). 4. Program authority (a) In general The Secretary of the Treasury, in consultation with the Secretary of Homeland Security, shall carry out a program under this Act to improve the availability and affordability of homeowners protection coverage by making available for purchase, only by eligible State programs, contracts for reinsurance coverage under section 7. (b) Purpose The program shall be designed to make reinsurance coverage under this Act available— (1) to improve the availability and affordability of homeowners’ insurance for the purpose of facilitating the pooling, and spreading the risk, of catastrophic financial losses from natural catastrophes; (2) to improve the solvency and capacity of homeowners’ insurance markets; (3) to encourage the development and implementation of mitigation, prevention, recovery, and rebuilding standards; and (4) to recommend methods to continuously improve the way the United States reacts and responds to catastrophes, including improvements to the HELP Fund established under section 10. (c) Contract principles Under the program under this Act, the Secretary shall offer reinsurance coverage through contracts with covered purchasers, which contracts— (1) shall not displace or compete with the private insurance or reinsurance markets or the capital market; (2) shall minimize the administrative costs of the Federal Government; and (3) shall provide coverage based solely on insured losses within the State for the eligible State program purchasing the contract. 5. Qualified lines of coverage Each contract for reinsurance coverage made available under this Act shall provide insurance coverage against residential property losses to homes (including dwellings owned under condominium and cooperative ownership arrangements) and the contents of apartment buildings. 6. Covered perils Each contract for reinsurance coverage made available under this Act shall cover losses insured or reinsured by the eligible State program purchasing the contract that are proximately caused by— (1) earthquakes; (2) perils ensuing from earthquakes, including fire and tsunamis; (3) tropical cyclones having maximum sustained winds of at least 74 miles per hour, including hurricanes and typhoons; (4) tornadoes; (5) volcanic eruptions; (6) catastrophic winter storms; and (7) any other natural catastrophe (not including any flood) insured or reinsured under the eligible State program for which reinsurance coverage under section 7 is provided. The Secretary shall, by regulation, define the natural catastrophe perils under this section. 7. Contracts for reinsurance coverage for eligible State programs (a) Eligible State programs A program shall be eligible to purchase a contract under this section for reinsurance coverage under this Act only if the State entity authorized to make such determinations certifies to the Secretary that the program complies with the following requirements: (1) Program design The program shall be a State-operated— (A) insurance program that— (i) offers coverage for homes (which may include dwellings owned under condominium and cooperative ownership arrangements) and the contents of apartments to State residents; and (ii) is authorized by State law; or (B) reinsurance program that is designed to improve private insurance markets that offer coverage for homes (which may include dwellings owned under condominium and cooperative ownership arrangements) and the contents of apartments because of a finding by the State insurance commissioner or other State entity authorized to make such a determination that such program is necessary in order to provide for the continued availability of such residential coverage for all residents. (2) Operation The program shall meet the following requirements: (A) A majority of the members of the governing body of the program shall be public officials. (B) The State shall have a financial interest in the program, which shall not include a program authorized by State law or regulation that requires insurers to pool resources to provide property insurance coverage for covered perils. (C) If the State has at any time appropriated amounts from the State fund for the State program for any purpose other than payments under the program, the State shall have repaid such amounts to the State fund, together with interest on such amounts. (3) Tax status The program shall be structured and carried out in a manner so that the program is exempt from all Federal taxation. (4) Coverage The program shall cover all perils specified in section 6. (5) Earnings The program may not provide for, nor shall have ever made, any redistribution of any part of any net profits of the program to any insurer that participates in the program. (6) Prevention and mitigation The program shall include prevention and mitigation provisions that require that not less than $10,000,000 and not more than 35 percent of the net investment income of the State insurance or reinsurance program be used for programs to mitigate losses from natural catastrophes for which the State insurance or reinsurance program was established. For purposes of this paragraph, prevention and mitigation shall include methods to reduce losses of life and property, including appropriate measures to adequately reflect— (A) encouragement of awareness about the risk factors and what can be done to eliminate or reduce them; (B) location of the risk, by giving careful consideration of the natural risks for the location of the property before allowing building and considerations if structures are allowed; and (C) construction relative to the risk and hazards, which act upon— (i) State mandated building codes appropriate for the risk; (ii) adequate enforcement of the risk-appropriate building codes; (iii) building materials that prevent or significantly lessen potential damage from the natural catastrophes; (iv) building methods that prevent or significantly lessen potential damage from the natural catastrophes; and (v) a focus on prevention and mitigation for any substantially damaged structure, with an emphasis on how structures can be retrofitted so as to make them building code compliant. (7) Requirements regarding coverage (A) In general The program— (i) may not, except for charges or assessments related to post-event financing or bonding, involve cross-subsidization between any separate property and casualty lines covered under the program unless the elimination of such activity in an existing program would negatively impact the eligibility of the program to purchase a contract for reinsurance coverage under this Act pursuant to paragraph (3); (ii) shall include provisions that authorize the State insurance commissioner or other State entity authorized to make such a determination to terminate the program if the insurance commissioner or other such entity determines that the program is no longer necessary to ensure the availability of homeowners’ insurance for all residents of the State; and (iii) shall provide that, for any insurance coverage for homes (which may include dwellings owned under condominium and cooperative ownership arrangements) and the contents of apartments that is made available under the State insurance program and for any reinsurance coverage for such insurance coverage made available under the State reinsurance program, the premium rates charged shall be amounts that, at a minimum, are sufficient to cover the full actuarial costs of such coverage, based on consideration of the risks involved and accepted actuarial and rate making principles, anticipated administrative expenses, and loss and loss-adjustment expenses. (B) Applicability This paragraph shall apply after the expiration of the 2-year period beginning on the date of the enactment of this Act. (8) Prohibition of competition with private market Any insurance or reinsurance coverage, as applicable, made available through the State program shall not supplant coverage that is otherwise reasonably available and affordable in the private market. (9) Other qualifications (A) In general The State program shall (for the year for which the coverage is in effect) comply with regulations that shall be issued under this paragraph by the Secretary, in consultation with the Commission. The regulations shall establish criteria for State programs to qualify to purchase reinsurance under this section, which are in addition to the requirements under the other paragraphs of this subsection. (B) Contents The regulations issued under this paragraph shall include requirements that— (i) the State program shall have public members on its board of directors or have an advisory board with public members; (ii) the State program provide adequate insurance or reinsurance protection, as applicable, for the perils covered, which shall include a range of deductibles and premium costs that reflect the applicable risks to eligible properties; (iii) insurance or reinsurance coverage, as applicable, provided by the State program is made available on a nondiscriminatory basis to all qualifying residents; (iv) any new construction, substantial rehabilitation, and renovation insured or reinsured by the program complies with applicable State or local government building, fire, and safety codes; (v) the State, or appropriate local governments within the State, have in effect and enforce nationally recognized model building, fire, and safety codes and consensus-based standards that offer risk responsive resistance that is substantially equivalent or greater than the resistance to earthquakes or high winds; (vi) the State has taken actions to establish an insurance rate structure that takes into account measures to mitigate insurance losses; (vii) there are in effect, in such State, laws or regulations sufficient to prohibit price gouging, during the term of reinsurance coverage under this Act for the State program in any disaster area located within the State; and (viii) the State program complies with such other requirements that the Secretary considers necessary to carry out the purposes of this Act. (b) Terms of contracts Each contract under this section for reinsurance coverage under this Act shall be subject to the following terms and conditions: (1) Maturity The term of the contract shall not exceed 1 year or such other term as the Secretary may determine. (2) Payment condition The contract shall authorize claims payments only for eligible losses to the eligible State program purchasing the coverage. (3) Retained losses requirement For each event of a covered peril, the contract shall make a payment for the event only if the total amount of insurance claims for losses, which are covered by qualified lines, occur to properties located within the State covered by the contract, and that result from insured losses (as defined in section 12) for the State program, exceeds the amount of retained losses provided under the contract (pursuant to section 8(a)) purchased by the eligible State program. (4) Multiple events The contract shall cover any eligible losses from one or more covered events that may occur during the term of the contract and shall provide that if multiple events occur, the retained losses requirement under paragraph (3) shall apply on a calendar year basis, in the aggregate and not separately to each individual event. (5) Timing of eligible losses Eligible losses under the contract shall include only insurance claims for property covered by qualified lines that are reported to the eligible State program within the 3-year period beginning upon the event or events for which payment under the contract is provided. (6) Pricing (A) Determination The price of reinsurance coverage under the contract shall be an amount established by the Secretary as follows: (i) Recommendations The Secretary shall take into consideration the recommendations of the Commission in establishing the price, but the price may not be less than the amount recommended by the Commission. (ii) Fairness to taxpayers The price shall be established at a level that is designed to reflect the risks and costs being borne under each reinsurance contract issued under this Act and that takes into consideration empirical models of natural disasters and the capacity of private markets to absorb insured losses from natural disasters. (iii) Self-sufficiency The rates for reinsurance coverage shall be established at a level that annually produces expected premiums that shall be sufficient to pay the expected annualized cost of all claims, loss adjustment expenses, and all administrative costs of reinsurance coverage offered under this section. (B) Components The price shall consist of the following components: (i) Risk-based price A risk-based price, which shall reflect the anticipated annualized payout of the contract according to the actuarial analysis and recommendations of the Commission. (ii) Risk load A risk load in an amount that is not less than the risk-based price under clause (i). In establishing risk loads under this clause, the Secretary shall take into consideration comparable private risk loads. (iii) Administrative costs A sum sufficient to provide for the operation of the Commission and the administrative expenses incurred by the Secretary in carrying out this Act. (7) Information The contract shall contain a condition providing that the Commission may require the State program that is covered under the contract to submit to the Commission all information on the State program relevant to the duties of the Commission, as determined by the Secretary. (8) Additional contract option The contract shall provide that the purchaser of the contract may, during the term of such original contract, purchase additional contracts from among those offered by the Secretary at the beginning of the term, subject to the limitations under section 8, at the prices at which such contracts were offered at the beginning of the term, prorated based upon the remaining term as determined by the Secretary. Such additional contracts shall provide coverage beginning on a date 15 days after the date of purchase but shall not provide coverage for losses for an event that has already occurred. (9) Others The contract shall contain such other terms as the Secretary considers necessary to carry out this Act and to ensure the long-term financial integrity of the program under this Act. (c) Private sector right To participate (1) Establishment of competitive procedure The Secretary shall establish, by regulation, a competitive procedure under this subsection that provides qualified entities an opportunity, on a basis consistent with the contract cycle established under this Act by the Secretary, to offer to provide, in lieu of reinsurance coverage under this section, reinsurance coverage that is substantially similar to coverage otherwise made available under this section. (2) Competitive procedure Under the procedure established under this subsection— (A) the Secretary shall establish criteria for private insurers, reinsurers, and capital market companies, and consortia of such entities to be treated as qualified entities for purposes of this subsection, which criteria shall require such an entity to have at all times capital sufficient to satisfy the terms of the reinsurance contracts and shall include such other industry and credit rating standards as the Secretary considers appropriate; (B) not less than 30 days before the beginning of each contract cycle during which any reinsurance coverage under this section is to be made available, the Secretary may request proposals and shall publish in the Federal Register the rates and terms for contracts for reinsurance coverage under this section that are to be made available during such contract cycle; (C) the Secretary shall provide qualified entities a period of not less than 10 days (which shall terminate not less than 20 days before the beginning of the contract cycle) to submit to the Secretary a written expression of interest in providing reinsurance coverage in lieu of the coverage otherwise to be made available under this section; (D) the Secretary shall provide any qualified entity submitting an expression of interest during the period referred to in subparagraph (C) a period of not less than 20 days (which shall terminate before the beginning of the contract cycle) to submit to the Secretary an offer to provide, in lieu of the reinsurance coverage otherwise to be made available under this section, coverage that is substantially similar to such coverage; (E) if the Secretary determines that an offer submitted during the period referred to in subparagraph (D) is a bona fide offer to provide reinsurance coverage during the contract cycle at rates and terms that are substantially similar to the rates and terms for reinsurance coverage otherwise to be provided under this section by the Secretary, the Secretary shall accept the offer (if still outstanding) and, notwithstanding any other provision of this Act, provide for such entity to make reinsurance coverage available in accordance with the offer; and (F) if the Secretary accepts an offer pursuant to subparagraph (E) to make reinsurance coverage available, notwithstanding any other provision of this Act, the Secretary shall reduce, to an equivalent extent, the amount of reinsurance coverage available under this section during the contract cycle to which the offer relates, unless and until the Secretary determines that the entity is not complying with the terms of the accepted offer. (d) Participation by multi-State catastrophe fund programs Nothing in this Act shall prohibit the creation of multi-State catastrophe insurance or reinsurance programs, or the participation by such programs in the program established pursuant to section 4. The Secretary shall, by regulation, apply the provisions of this Act to multi-State catastrophe insurance and reinsurance programs. (e) Requirement for insurers To pass through savings to consumers Notwithstanding any other provision of this Act, a State program shall not be eligible to purchase a contract for reinsurance coverage made available under this Act unless such State has in effect such laws, regulations, or other requirements, as the Secretary shall by regulation require, that— (1) to the extent that reinsurance coverage made available under the program under this Act results in any cost savings in providing insurance coverage for risks in such State, such cost savings be reflected in premium rates charged to consumers for such coverage; and (2) the State take such actions as the Secretary considers appropriate to ensure that the requirement under paragraph (1) is carried out and enforced. 8. Treatment of insured losses and maximum Federal liability (a) Available levels of retained losses In making reinsurance coverage available under this Act, the Secretary shall make available for purchase contracts for such coverage that require the sustainment of retained losses from covered perils (as required under section 7(b)(3) for payment of eligible losses) in various amounts, as the Secretary, in consultation with the Commission, determines appropriate and subject to the requirements under subsection (b). (b) Minimum level of retained losses (1) Amount Subject to paragraph (2) and notwithstanding any other provision of this Act, a contract for reinsurance coverage under section 7 for an eligible State program that offers insurance or reinsurance coverage described in subparagraph (A) or (B), respectively, of section 7(a)(1) may not be made available or sold unless the contract requires that the State program sustain an amount of retained losses from covered perils in the following amount: (A) In general The State program shall sustain an amount of retained losses of not less than the greater of— (i) the claims-paying capacity of the eligible State program, as determined by the Secretary; and (ii) an amount, determined by the Secretary in consultation with the Commission, that is the amount equal to the eligible losses projected to be incurred once every 200 years on an annual basis from covered perils. (B) Transition rule for new programs (i) 200-year event The Secretary may provide that, in the case of an eligible State program that, after the date of the enactment of this Act, commences offering insurance or reinsurance coverage, during the 7-year period beginning on the date that reinsurance coverage under section 7 is first made available, the minimum level of retained losses applicable under this paragraph shall be the amount determined for the State under subparagraph (A)(i), except that such minimum level shall be adjusted annually as provided in clause (ii) of this subparagraph. (ii) Annual adjustment Each annual adjustment under this clause shall increase the minimum level of retained losses applicable under this subparagraph to an eligible State program described in clause (i) in a manner such that— (I) during the course of such 7-year period, the applicable minimum level of retained losses approaches the minimum level that, under subparagraph (A)(ii), will apply to the eligible State program upon the expiration of such period; and (II) each such annual increase is a substantially similar amount, to the extent practicable. (C) Reduction because of reduced claims-paying capacity (i) Authority Notwithstanding subparagraphs (A), (B), and (C) or the terms contained in a contract for reinsurance pursuant to such subparagraphs, if the Secretary determines that the claims-paying capacity of an eligible State program has been reduced because of payment for losses due to an event, the Secretary may reduce the minimum level of retained losses. (ii) Term of reduction The Secretary may extend the 5-year period for not more than 5 additional 1-year periods if the Secretary determines that losses incurred by the State program as a result of covered perils create excessive hardship on the State program. The Secretary shall consult with the appropriate officials of the State program regarding the required schedule and any potential 1-year extensions. (D) Claims-paying capacity For purposes of this paragraph, the claims-paying capacity of a State-operated insurance or reinsurance program under section 7(a)(1) shall be determined by the Secretary, in consultation with the Commission, taking into consideration the claims-paying capacity as determined by the State program, retained losses to private insurers in the State in an amount assigned by the State insurance commissioner, the cash surplus of the program, and the lines of credit, reinsurance, and other financing mechanisms of the program established by law. (2) Initial adjustment based on private market The Secretary may, before making contracts for reinsurance coverage under this Act initially available under section 7, raise the minimum level of retained losses from the amount required under paragraph (1) for an eligible State program to ensure, as determined by the Secretary, that such contracts comply with the principle under section 4(c)(1). (c) 90 percent coverage of insured losses in excess of retained losses Each contract for reinsurance coverage under this Act for a covered purchaser shall provide that the amount paid out under the contract shall, subject to subsection (d), be equal to 90 percent of the amount of insured losses of the eligible State program of the purchaser in excess of the amount of retained losses that the contract requires, pursuant to subsection (b), to be incurred by such program. (d) Maximum Federal liability (1) In general Notwithstanding any other provision of law, the Secretary may sell only contracts for reinsurance coverage under this Act in various amounts that comply with the following requirements: (A) Estimate of aggregate liability The aggregate liability for payment of claims under all such contracts in any single year is unlikely to exceed $200,000,000,000 (as such amount is adjusted under paragraph (2)). (B) Eligible loss coverage sold Eligible losses covered by all contracts sold within a State during a 12-month period do not exceed the difference between the following amounts (each of which shall be determined by the Secretary in consultation with the Commission): (i) The amount equal to the eligible loss projected to be incurred once every 500 years from a single event in the State. (ii) The amount equal to the eligible loss projected to be incurred once every 200 years from a single event in the State. (2) Annual adjustments The Secretary shall annually adjust the amount under paragraph (1)(A) (as it may have been previously adjusted) to provide for inflation in accordance with an inflation index that the Secretary determines to be appropriate. 9. Catastrophe capital reserve funds (a) Establishment Any insurer who participates in an eligible State program under section 7(a) may establish a Catastrophe Capital Reserve Fund (in this section referred to as a reserve fund ) in which it may hold funds in a fiduciary capacity on behalf of the Secretary. (b) Funding An insurer may fund a reserve fund by making an election, in advance, to treat some or all of the premiums received for such coverage as charges imposed by the Secretary for participation in, and operation of, the program for reinsurance coverage under this Act. Any such premiums for which such an election has been made shall be maintained in a segregated account in a fiduciary capacity on behalf of the Secretary. Such funds may be invested in any otherwise legally permissible manner but all interest, dividends, and capital accumulations also shall be retained in such segregated account on behalf of the Secretary. (c) Use Amounts in a reserve fund established pursuant to this section shall be collected and used by the Secretary to offset, in whole or in part, the cost to the Secretary of claims paid under reinsurance coverage provided under the program, except that, in the case only of a single event that results in an amount of eligible losses to insurers that is equal to or greater than the amount of such losses projected to be incurred from a single event having an extent of such losses such that the event has a 1.0 percent chance of occurring in any year, an insurer may first use the funds in a reserve fund of the insurer to satisfy any one or more of the following: (1) The retained losses for the insurer required under section 8(b). (2) The portion of the insurer's losses that exceed the required retained losses but are not compensated under a reinsurance contract made available under the Program pursuant to section 8(c). (3) The insurer's obligations to pay for insured losses if any conditions precedent to payment under a contract for reinsurance made available under the Program are not met. (4) Any risk-sharing obligations that the insurer may have entered into. (d) Termination (1) Termination of program Upon termination under section 14 of the program under this Act, and subject to the continuing authority of the Secretary to adjust claims in satisfaction of contracts for reinsurance in force under the Program, 10 percent of each insurer's reserve funds shall be remitted to the Secretary and the remainder shall be remitted to the insurer. The Secretary shall determine the manner in which the remittance of such income to the insurer shall be made. (2) Elimination of coverage of insured losses in excess of retained losses If at any time the Program remains in effect but contracts for reinsurance under the Program do not provide any payment for insured losses in excess of retained losses, the reserve funds shall be retained and used for the purposes set forth in subsection (c) of this section. At such time as an insurer's liability for insured losses under the Program terminates, as a consequence of the insurer's termination of its business or otherwise, the insurer shall remit any amounts remaining in its reserve funds to the Secretary. 10. Consumer Hurricane, Earthquake, Loss Protection (HELP) Fund (a) Establishment There is established within the Treasury of the United States a fund to be known as the Consumer HELP Fund (in this section referred to as the Fund ). (b) Credits The Fund shall be credited with— (1) amounts received annually from the sale of contracts for reinsurance coverage under this Act; (2) any amounts borrowed under subsection (d); (3) any amounts earned on investments of the Fund pursuant to subsection (e); and (4) such other amounts as may be credited to the Fund. (c) Uses Amounts in the Fund shall be available to the Secretary only for the following purposes: (1) Contract payments For payments to covered purchasers under contracts for reinsurance coverage for eligible losses under such contracts. (2) Commission costs To pay for the operating costs of the Commission. (3) Administrative expenses To pay for the administrative expenses incurred by the Secretary in carrying out the reinsurance program under this Act. (4) Termination Upon termination under section 14, as provided in such section. (d) Borrowing (1) Authority To the extent that the amounts in the Fund are insufficient to pay claims and expenses under subsection (c), the Secretary may issue such obligations of the Fund as may be necessary to cover the insufficiency and shall purchase any such obligations issued. (2) Public debt transaction For the purpose of purchasing any such obligations, the Secretary may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities are issued under such chapter are hereby extended to include any purchase by the Secretary of such obligations under this subsection. (3) Characteristics of obligations Obligations issued under this subsection shall be in such forms and denominations, bear such maturities, bear interest at such rate, and be subject to such other terms and conditions, as the Secretary shall determine. (4) Treatment All redemptions, purchases, and sales by the Secretary of obligations under this subsection shall be treated as public debt transactions of the United States. (5) Repayment Any obligations issued under this subsection shall be repaid including interest, from the Fund and shall be recouped from premiums charged for reinsurance coverage provided under this Act. (e) Investment If the Secretary determines that the amounts in the Fund are in excess of current needs, the Secretary may invest such amounts as the Secretary considers advisable in obligations issued or guaranteed by the United States. (f) Prohibition of Federal funds Except for amounts made available pursuant to subsection (d) and section 3(h), no further Federal funds shall be authorized or appropriated for the Fund or for carrying out the reinsurance program under this Act. 11. Annual study concerning benefits of reinsurance program (a) In general The Secretary shall, on an annual basis, conduct a study and submit to the Congress a report that— (1) analyzes the cost and availability of homeowners’ insurance for losses resulting from catastrophic natural disasters covered by the reinsurance program under this Act; (2) describes the efforts of the participating States in— (A) enacting preparedness, prevention, mitigation, recovery, and rebuilding standards; and (B) educating the public on the risks associated with natural catastrophe; and (3) makes recommendations regarding ways to improve the program under this Act and its administration. (b) Contents Each annual study under this section shall also determine and identify, on an aggregate basis— (1) for each State or region, the capacity of the private homeowners’ insurance market with respect to coverage for losses from catastrophic natural disasters; (2) for each State or region, the percentage of homeowners who have such coverage, the catastrophes covered, and the average cost of such coverage; and (3) for each State or region, the effects this Act is having on the availability and affordability of such insurance. (c) Timing Each annual report under this section shall be submitted not later than March 30 of the year after the year for which the study was conducted. (d) Commencement of reporting requirement The Secretary shall first submit an annual report under this section not later than two years after the date of the enactment of this Act. 12. Definitions For purposes of this Act, the following definitions shall apply: (1) Commission The term Commission means the National Commission on Catastrophe Risks and Insurance Loss Costs established under section 3. (2) Covered perils The term covered perils means the natural disaster perils under section 6. (3) Covered purchaser The term covered purchaser means an eligible State-operated insurance or reinsurance program that purchases reinsurance coverage made available under a contract under section 7. (4) Disaster area The term disaster area means a geographical area, with respect to which— (A) a covered peril specified in section 6 has occurred; and (B) a declaration that a major disaster exists, as a result of the occurrence of such peril— (i) has been made by the President of the United States; and (ii) is in effect. (5) Eligible losses The term eligible losses means, with respect to a contract for reinsurance coverage made available under this Act for a covered purchaser, the insured losses of the covered purchaser that exceed the amount of retained losses that the contract requires, pursuant to section 8(b), to be incurred by the eligible State program of such purchaser, as defined by the Secretary after consultation with the Commission. (6) Eligible State program The term eligible State program means a State program that, pursuant to section 7(a), is eligible to purchase reinsurance coverage made available through contracts under section 7, or a multi-State program that is eligible to purchase such coverage pursuant to section 7(c). (7) Insured loss The term insured loss means, with respect to contract for reinsurance coverage made available under this Act for a covered purchaser, any loss resulting from a covered peril that is covered by insurance or reinsurance made available under the eligible State program of the covered purchaser. (8) Price gouging The term price gouging means the providing of any consumer good or service by a supplier related to repair or restoration of property damaged from a catastrophe for a price that the supplier knows or has reason to know is greater, by at least the percentage set forth in a State law or regulation prohibiting such act (notwithstanding any real cost increase due to any attendant business risk and other reasonable expenses that result from the major catastrophe involved), than the price charged by the supplier for such consumer good or service immediately before the disaster. (9) Qualified lines The term qualified lines means lines of insurance coverage for which losses are covered under section 5 by reinsurance coverage under this Act. (10) Reinsurance coverage The term reinsurance coverage under this Act means coverage under contracts made available under section 7. (11) Secretary The term Secretary means the Secretary of the Treasury. (12) State The term State means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. 13. Regulations The Secretary, in consultation with the Secretary of the Department of Homeland Security, shall issue any regulations necessary to carry out the program for reinsurance coverage under this Act. 14. Termination (a) In general Except as provided in subsection (b), the Secretary may not provide any reinsurance coverage under this Act covering any period after the expiration of the 20-year period beginning on the date of the enactment of this Act. (b) Extension If upon the expiration of the period under subsection (a) the Secretary, in consultation with the Commission, determines that continuation of the program for reinsurance coverage under this Act is necessary or appropriate to carry out the purpose of the program under section 4(b) because of insufficient growth of capacity in the private homeowners’ insurance market, the Secretary shall continue to provide reinsurance coverage under this Act until the expiration of the 5-year period beginning upon the expiration of the period under subsection (a). (c) Repeal Effective upon the date that reinsurance coverage under this Act is no longer available or in force pursuant to subsection (a) or (b), this Act (except for this section) is repealed. (d) Deficit reduction The Secretary shall cover into the General Fund of the Treasury any amounts remaining in the Fund under section 9 upon the repeal of this Act under subsection (c).

https://www.govinfo.gov/content/pkg/BILLS-113hr240ih/xml/BILLS-113hr240ih.xml

113-hr-241

I 113th CONGRESS 1st Session H. R. 241 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to establish standards of access to care for veterans seeking health care from Department of Veterans Affairs medical facilities, and for other purposes. 1. Short title This Act may be cited as the Veterans Timely Access to Health Care Act . 2. Department of Veterans Affairs access to medical care (a) Standard for access to care Section 1706 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) In managing the provision of hospital care and medical services under section 1710(a) of this title, the Secretary shall ensure that for each veteran seeking such care or services from a Department medical facility, the standard for access to care, determined from the date on which the veteran contacts the Department seeking an appointment until the date on which a visit with an appropriate health care provider is completed, is 30 days. (2) The Secretary shall periodically review the performance of Department medical facilities compared to the standard established under paragraph (1). The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a semi-annual report providing an assessment of the Department’s performance in meeting that standard. (3) (A) Not later than 60 days after the end of a calendar-year quarter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report for that calendar-year quarter on the experience of the Department during the quarter covered by the report with respect to waiting times for veterans seeking appointments at Department medical facilities. (B) Each report under subparagraph (A) shall include each of the following: (i) The total number of veterans waiting by the following categories: (I) Those waiting under 30 days for scheduled appointments. (II) Those waiting over 30 days but less than 60 days. (III) Those waiting over 60 days but less than 4 months. (IV) Those waiting over 4 months but who cannot be scheduled within 6 months. (V) Any remaining veterans who cannot be scheduled, with the reasons therefor. (ii) For each category set forth in subparagraph (A), distinctions between— (I) waiting times for primary care and specialty care; and (II) waiting times for veterans who are newly enrolled versus those who were enrolled before October 1, 2001. (iii) The number of veterans who have enrolled in the patient enrollment system under section 1705 of this title but have not since such enrollment sought care at a Department medical facility. . (b) Effective date Subsection (d) of section 1706 of title 38, United States Code, shall apply with respect to hospital care and medical services provided on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr241ih/xml/BILLS-113hr241ih.xml

113-hr-242

I 113th CONGRESS 1st Session H. R. 242 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Education and the Workforce , Energy and Commerce , 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 amend the Immigration and Nationality Act to provide for a temporary agricultural worker program, and for other purposes. 1. Short title This Act may be cited as the Legal Agricultural Workforce Act . 2. Nonimmigrant agricultural program (a) New W nonimmigrant classification for nonimmigrant agricultural workers Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— (1) by striking or at the end of the subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ; or ; and (3) by adding at the end the following: (W) an alien having a residence in a foreign country which the alien has no intention of abandoning who is coming to the United States for a temporary period (as defined in section 220(o)) to perform services or labor in agricultural employment, as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 ), who meets the requirements specified in section 220, and with respect to whom the Secretary of Agriculture has notified the Secretary of Homeland Security and the Secretary of State that the intending employer has accepted the terms and conditions of such employment through successful enrollment in the nonimmigrant agricultural worker program pursuant to section 220(c). . (b) Establishment of nonimmigrant agricultural worker program (1) In general Chapter 2 of title II of such Act is amended by adding at the end the following: 220. Nonimmigrant agricultural worker program (a) Establishment of program (1) In general The Secretary of Agriculture, in consultation with the Secretary of Homeland Security, shall establish a nonimmigrant agricultural worker program (in this section referred to as the program ) for the admission into the United States of nonimmigrants described in section 101(a)(15)(W) (in this section referred to as nonimmigrant agricultural workers ) and issue all relevant regulations implementing the program. (2) Components of program The program shall include the following components: (A) A process developed by the Secretary of Agriculture for the submission of data and information by agricultural employers that will allow such Secretary to determine the number of nonimmigrant agricultural workers required by month and annually for a 10-month period. (B) A process developed by the Secretary of Agriculture for the enrollment of qualified agricultural employers in the program that requires enrolled employers to abide by the obligations described in subsection (f). (C) A process developed by the Department of Homeland Security, based upon the determination made under subsection (d) by the Secretary of Agriculture, on the need for nonimmigrant agricultural workers, for imposition of monthly and annual numerical limitations, established under such subsection, on the issuance of nonimmigrant visas for nonimmigrant agricultural employment. These visas shall be made available subject to such limitations on such workers in accordance with the preference system established under subsection (g). (D) A process developed by the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, by which such Secretaries can determine that persons employing nonimmigrant agricultural workers are enrolled in the program and that the nonimmigrant agricultural workers so employed possess a valid visa pursuant to section 101(a)(15)(W). (E) A nonimmigrant visa issued pursuant to subsection (g) shall not limit the geographical area within which an alien may be employed or limit the type of agricultural employment the alien may perform, except that the employment shall only be with a qualified agricultural employer enrolled in the program. (b) Pre-Enrollment requirements (1) Recruitment of United States workers Not later than 30 days before filing a request to enroll in the nonimmigrant agricultural worker program pursuant to subsection (c), each person filing such a request shall list with the Department of Labor’s Employment and Training Administration’s Electronic Job Registry a description of the anticipated period for which workers will be needed (expected beginning and ending dates), as well as a description of the wages and other terms and conditions of agricultural employment that satisfy the disclosure requirements of sections 201 and 301 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1821; 1831), except that nothing in this paragraph shall cause such listing to be treated as an interstate job order under section 653 of title 20, Code of Federal Regulations. (2) Record of United States workers A person or entity shall keep a record of all eligible able, willing, and qualified United States workers applying for employment with the person in response to its filing on the Electronic Job Registry and provide such record in its request to enroll filed under subsection (c). (c) Enrollment in the nonimmigrant agricultural worker program (1) In general A person who employs individuals to perform agricultural employment (including an association of such persons and a person who contracts for the performance of agricultural employment) with respect to agricultural commodities may submit to the Secretary of Agriculture, at such time and in such manner as the Secretary specifies, a request for enrollment in the nonimmigrant agricultural worker program. (2) Information required The request must specify for each month concerned— (A) the total number and qualifications of nonimmigrant agricultural workers required in agricultural employment in each month; (B) the type of agricultural work required to be performed by these workers; (C) the anticipated period (expected beginning and ending dates) for which workers will be needed; (D) a copy of the information submitted to the Electronic Job Registry pursuant to subsection (b)(1); and (E) the record of United States workers described in subsection (b)(2) at the time of the request. (3) Optional information on aliens preferred The person may also include a statement indicating a preference as to country of nationality of aliens (or names of particular aliens) desired to perform agricultural services in any such month. (d) Determination of numerical limitations on nonimmigrant agricultural visas by month and annually Based upon requests for enrollment described in subsection (c), and taking into consideration the historical employment needs of agricultural employers and the reports of United States workers applying for agricultural employment listed on requests for enrollment, the Secretary of Agriculture shall advise the Secretary of Homeland Security of a numerical limitation on the issuance of nonimmigrant visas to nonimmigrant agricultural workers sufficient to meet the labor needs of agricultural employers by month and annually. (e) Standards for approval of requests for enrollment (1) In general The Secretary of Agriculture shall approve a request for enrollment submitted under subsection (c)(1) if— (A) the person is an agricultural employer and the worker is to be employed in agricultural work; (B) the request complies with the provisions of subsection (c) and the request sets forth the need for such workers; (C) the person has not employed or petitioned for a nonimmigrant described in section 101(a)(15)(H)(ii)(a) at the time when a request on behalf of the person is pending or granted under this subsection, or during any previous period during which the employer had a request granted under this section; and (D) the person is not disqualified under subsection (f)(6). (2) Review of certain denials Except as provided under subsection (f), a person who is determined not to be eligible under paragraph (1) (other than because of subparagraph (D) thereof) is entitled to an expedited review of the determination by the Secretary of Agriculture. (f) Obligations under program Any person whose request to enroll in the nonimmigrant agricultural worker program has been granted shall ensure as follows: (1) No displacement of the United States workers The employer did not displace and will not displace a United States worker employed by the employer, other than for good cause, during the period of employment and for a period of 30 days preceding the period of employment in the occupation at the place of employment for which the employer seeks to employ nonimmigrant agricultural workers. (2) Offers to United States workers The employer shall offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is sought, and will be available at the time and place of need. The employer shall post all such job openings on the Electronic Job Registry administered by the Employment and Training Administration of the Department of Labor. (3) Workers’ compensation If the job opportunity is not covered by the State workers’ compensation law, the employer will provide, at no cost to United States and nonimmigrant agricultural workers, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State’s workers’ compensation law for comparable employment. (4) Labor dispute The person shall not employ a nonimmigrant agricultural worker for a specific job opportunity for which the employer is requesting a nonimmigrant agricultural worker because the former occupant of the job is on strike or being locked out in the course of a labor dispute. (5) Not used for nonagricultural services The person shall not employ a nonimmigrant agricultural worker for services other than agricultural services. (6) Violation of program requirements If the Secretary of Agriculture determines, after an opportunity for a hearing, that an enrolled employer has violated this subsection the Secretary may impose penalties, including fines and, in cases of serious violations, the disqualification of the employer from future enrollment in the program for a period of up to three years. (g) Allocation of visas (1) Preference system Nonimmigrant agricultural workers who are subject to the numerical limitations specified in subsection (d) shall be allotted nonimmigrant visas and work authority as follows: (A) Identified workers Visas shall first be made available to qualified nonimmigrant agricultural workers specifically identified pursuant to subsection (c)(3). (B) Previously employed workers Visas shall next be made available to qualified nonimmigrant agricultural workers who have previously been employed in agricultural employment in the United States, providing priority in consideration among such workers in the order of the length of time in which they were employed. (C) Order in which applied The remaining visas shall be made available to other qualified nonimmigrant agricultural workers strictly in the chronological order in which they apply. Waiting lists of applicants shall be maintained in accordance with regulations prescribed by the Secretary of State. (2) Treatment of spouses and children A spouse or child of such a worker is not entitled to visa or such status by virtue of such relationship, but may be provided the same status as such a worker if the spouse or child also is a qualified nonimmigrant agricultural worker to perform agricultural employment. (3) Criminal background check In addition to any other examination required under this Act, no visa or other documentation may be issued to an alien under section 101(a)(15)(W) until the alien has obtained successful clearance of the security and criminal background checks specified by the Secretary of Homeland Security for purposes of this section. (h) Application for an increase where extraordinary and unusual circumstances (1) In general If an agricultural employer (or association or representative thereof) establishes that extraordinary and unusual circumstances have resulted in a significant change in the employer’s need for nonimmigrant agricultural workers specified in the application, or in the availability of domestic workers who are able, willing, and qualified to perform agricultural employment, the employer may apply to the Secretary of Agriculture (in such form and manner as the Secretary shall provide) for an increase in the numerical limitations otherwise established under subsection (d) to accommodate such emergency need. If approved, the Secretary shall forward the application to the Secretary of Homeland Security with a recommendation on the additional number of nonimmigrant agricultural worker visas found necessary. (2) Timely determination on application The Secretary of Agriculture shall make a determination on an application under subparagraph (A) and forward its recommendations to the Secretary of Homeland Security within 72 hours of the date the application is completed. (3) Increase in limitation To the extent the application is approved, the Secretary of Homeland Security shall provide for an appropriate increase in the appropriate numerical limitation within 72 hours. (i) Entry of workers (1) In general An alien may not be admitted to the United States as a nonimmigrant agricultural worker during the three-year period beginning on the most recent date (if any) on which the alien violated a material term or condition of a previous admission as a nonimmigrant agricultural worker. (2) Disqualification for commission of crime An alien who commits a crime while in the United States as a nonimmigrant agricultural worker shall be ineligible to retain such status and shall be required to depart from the United States. (3) Continuous employment Nonimmigrant agricultural workers admitted under this program shall be continuously employed or actively seeking employment in agricultural employment throughout the term of their admission. (4) Direction of nonimmigrant agricultural workers to employment opportunities The Secretary of State and Secretary of Agriculture, in consultation with the Secretary of Labor, shall establish a system for providing information on available agricultural employment opportunities to individuals whose applications for nonimmigrant agricultural visas have been approved if those individuals are not named by an employer or do not have a letter of employment opportunity provided by a person enrolled in the program. (j) Applicability of employment laws All Federal, State, and local employment related laws applicable to United States agricultural workers shall apply to nonimmigrant agricultural workers admitted pursuant to this program. (k) Biometric identification card The Secretary of Homeland Security shall provide each nonimmigrant agricultural worker with an identification card that contains— (1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes. (l) Trust fund (1) Establishment The Secretary of Agriculture shall establish by regulation a trust fund the purpose of which is to provide, without further appropriation, funds for the administration and the enforcement of the program under this section, for the cost of the cards issued under subsection (k), for a monetary incentive for nonimmigrant agricultural workers to return to their country of origin upon expiration of their visas under the program, and for payment with respect to emergency medical services furnished to nonimmigrant agricultural workers. The Secretary of Agriculture in consultation with the Secretary of the Treasury shall promulgate such other regulations as may be necessary to carry out this subsection. (2) Payment of FICA and FUTA amounts into trust fund In the case of employment of a nonimmigrant agricultural worker— (A) the employer shall provide for payment into the trust fund established under paragraph (1) of the sum of— (i) an amount equivalent to the amount of excise taxes which the employer would pay under the chapter 21 of the Internal Revenue Code of 1986 with respect to such employment if it were considered employment for the purpose of such Act; and (ii) an amount equivalent to (and in lieu of) the amount of excise taxes which the employer would otherwise pay under chapter 23 of such Code with respect to such employment; and (B) there shall be deducted from the wages of the worker and paid into such trust fund an amount equivalent to the amount of excise taxes that the employee would pay under such chapter 21 with respect to such employment if it were considered employment for the purposes of such Act. (3) Expenditures from trust fund (A) Use of employer contributions for administration Amounts described in paragraph (2)(A) paid into the trust fund shall be used for the purpose of administering and enforcing the program under this section and for the cost of the cards issued under subsection (k). (B) Use of employee contributions for repayment of employee contributions upon return to country of origin Except as provided in subparagraph (C), amounts described in paragraph (2)(B) paid into the trust fund with respect to a nonimmigrant agricultural worker shall, upon application by the worker at the United States consulate nearest the worker’s residence in the country of origin, be paid to the worker if the worker demonstrates the compliance of the worker with the terms and conditions of the program. (C) Use of employee contributions attributable to HI taxes for emergency medical services for nonimmigrant agricultural workers (i) In general Amounts described in paragraph (2)(B) paid into the trust fund which relate to excise tax in section 3101(b) of the Internal Revenue Code of 1986 shall be used to provide payment with respect to emergency medical services (as defined in clause (iii)) for nonimmigrant agricultural workers. (ii) Administration The Secretary of Agriculture shall establish rules, in consultation with the Secretary of Health and Human Services, with respect to the payments under this subparagraph, including methods for determining qualifications for payment and the amount of payment to be made with respect to emergency medical services. (iii) Emergency medical services defined In this subparagraph, the term emergency medical services means those items and services required to be provided under section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ) with respect to an individual who is a nonimmigrant agricultural worker and does not include items and services for which coverage under workers’ compensation is required under subsection (f)(3) with respect to the worker. (m) Semiannual reports to Congress The Secretary of Agriculture shall report to Congress semiannually regarding the program under this section. Each such report shall include a statement of the number of nonimmigrant visas issued under the program, an evaluation of the effectiveness of the program, a description of any problems related to the enforcement of the program, and any recommendations for legislation relating to the program. (n) Miscellaneous provisions (1) Disqualification of nonimmigrant agricultural workers from financial assistance An alien admitted as a nonimmigrant agricultural worker is not eligible for any program of financial assistance under Federal law (whether through grant, loan, guarantee, or otherwise) on the basis of financial need, as such programs are identified by the Secretary of Agriculture in consultation with other appropriate heads of the various departments and agencies of Government. (2) Expansion of consulates The Secretary of State is authorized to take such steps as may be necessary in order to expand and establish consulates in foreign countries in which aliens are likely to apply to become nonimmigrant agricultural workers under the program to the extent such expansion is fully covered by the funds obtained in subsection (l)(3)(A). (3) Preemption The provisions of this section preempt any State or local law on the same subject. (o) Definitions For purposes of this section and section 101(a)(15)(W): (1) Agricultural employment The term agricultural employment has the meaning given such term in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 ), without regard to whether the specific service or activity is temporary or seasonal. (2) Temporary period The term temporary period means that period during which a nonimmigrant agricultural worker may remain in the United States to perform agricultural employment, not to exceed 10 months in any 12 month period. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relation to section 219 the following new item: Sec. 220. Nonimmigrant agricultural worker program. .

https://www.govinfo.gov/content/pkg/BILLS-113hr242ih/xml/BILLS-113hr242ih.xml

113-hr-243

I 113th CONGRESS 1st Session H. R. 243 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Oversight and Government Reform , House Administration , Rules , and 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 adopt the seven immediate reforms recommended by the National Commission on Fiscal Responsibility and Reform to reduce spending and make the Federal Government more efficient. 1. Short title; table of contents (a) In general This Act may be cited as the Bowles-Simpson Plan of Lowering America’s Debt Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Reduced expenditures Sec. 101. Reduction in appropriations to the White House and Congress. Sec. 102. Denial of certain annual pay adjustments for Members of Congress. Sec. 103. Pay freeze for Federal employees. Sec. 104. Reduction in Federal workforce. Sec. 105. Reduction in Government travel costs. Sec. 106. Limitation on Government printing costs. Sec. 107. Reduction in Federal vehicle costs. Sec. 108. Sale of excess Federal property. Sec. 109. Prohibition on earmarks. Title II—Tax Reform Sec. 200. Amendment of 1986 Code. Subtitle A—Tax rates Sec. 201. Individual rates. Sec. 202. Repeal of alternative minimum tax on individuals. Sec. 203. Permanent repeal of personal exemption phaseout. Sec. 204. Permanent repeal of phaseout of overall limitation on itemized deductions. Sec. 205. Corporate income tax rate reduced to flat rate of 20 percent. Sec. 206. Renewed temporary dividends received deduction. Subtitle B—Elimination of tax expenditures Sec. 211. Termination of credit for increasing research activities. Sec. 212. Termination of deduction for intangible drilling and development costs. Sec. 213. Repeal of domestic production activities deduction with respect to production of coal, lignite, or oil shale. Sec. 214. Repeal percentage depletion for oil and natural gas wells. Sec. 215. Termination of credit for electricity produced from certain renewable resources. Sec. 216. Termination of energy credit. Sec. 217. Repeal of credit for alcohol used as fuel. Sec. 218. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 219. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 220. Repeal of credit for certain plug-in electric vehicles. Sec. 221. Early termination of credit for qualified fuel cell motor vehicles. Sec. 222. Repeal of deduction for energy conservation subsidies provided by public utilities. Sec. 223. Repeal of qualifying advanced coal project credit. Sec. 224. Repeal of qualifying gasification project credit. Sec. 225. Repeal of special allowance for cellulosic biofuel plant property. Sec. 226. Repeal of election to expense certain refineries. Sec. 227. Repeal of 2-year amortization of geological and geophysical expenditures. Sec. 228. Repeal of deduction for energy efficient commercial building property. Sec. 229. Repeal of credit for construction of new energy efficient homes. Sec. 230. Repeal of credit for energy efficient appliances. Sec. 231. Repeal of credit for residential energy efficient property. Sec. 232. Repeal of advanced energy project credit. Sec. 233. Repeal of credit for carbon dioxide sequestration. Sec. 234. Repeal of low-income housing credit. Sec. 235. Repeal of Hope and Lifetime Learning Credits. Sec. 236. Repeal of work opportunity tax credit. Sec. 237. Repeal of credit for expenses for household and dependent care services necessary for gainful employment. Sec. 238. Repeal of credit for adoption expenses. Sec. 239. Repeal of credit for expenditures to provide access to disabled individuals. Sec. 240. Repeal of earned income tax credit. Sec. 241. Repeal of energy conservation subsidies provided by public utilities. Sec. 242. Repeal of election to expense certain refinery property. Sec. 243. Repeal of deduction for endangered species recovery expenditures. Sec. 244. Repeal of exclusion of cancellation of indebtedness income of solvent farmers. Sec. 245. Repeal of alternative minimum tax treatment of certain property and casualty insurance companies. Sec. 246. Repeal of small life insurance company deduction. Sec. 247. Termination of $25,000 exemption from passive loss rules for rental real estate activities. Sec. 248. Repeal of discharge of indebtedness exclusion. Sec. 249. Repeal of certain exceptions for imputed interest rules. Sec. 250. Termination of partial exclusion for gain from certain small business stock. Sec. 251. Termination of treatment of losses on small business stock as ordinary. Sec. 252. Repeal of student loan interest deduction. Sec. 253. Repeal of deduction of tuition and related expenses. Sec. 254. Repeal of gross income exclusion for United States savings bonds used to pay higher education expenses. Sec. 255. Elimination of personal exemption for students age 19 and older. Sec. 256. Elimination of above the line deduction for certain expenses of elementary and secondary school teachers. Sec. 257. Elimination of gross income exclusion for discharge of certain student loan debt. Sec. 258. Repeal of exclusion from gross income for rental value of parsonages. Sec. 259. Repeal of exclusion from gross income for benefits provided to volunteer firefighters and emergency medical responders. Sec. 260. Repeal of special treatment of Blue Cross and Blue Shield organizations, etc. Sec. 261. Sense of the House regarding a territorial tax system. Subtitle C—Phaseout of Tax Expenditures Sec. 271. Five-year phaseout of certain tax expenditures. Subtitle D—Special Status Sec. 381. Termination of qualified energy conservation bonds. Sec. 382. Termination of new clean renewable energy bonds. Sec. 383. Termination of exempt facility bond treatment for water, sewage, and solid waste facilities. Sec. 384. Termination of expensing and amortization of reforestation expenditures and expensing of timber-growing costs. Sec. 385. Termination of deferral of gain on sales of stock in agricultural refiners and processors to eligible farm cooperatives. Sec. 386. Termination of election to expense certain depreciable business assets. Sec. 387. Termination of qualified small issue bonds. Sec. 388. Termination of exempt facility bond treatment for qualified highway or surface freight transfer facilities. Sec. 389. Termination of exempt facility bond treatment for airports, docks, and wharves. Sec. 390. Termination of tribal economic development bonds. Sec. 391. Termination of exclusion from gross income of United States savings bonds interest used to pay higher education expenses. Sec. 392. Termination of qualified zone academy bonds. Sec. 393. Termination of exempt facility bond treatment for qualified public educational facilities. Sec. 394. Termination of hospital bonds. I Reduced expenditures 101. Reduction in appropriations to the White House and Congress (a) Appropriations to the White House Notwithstanding any other provision of law, the total amount of funds appropriated to the appropriations account under the heading The White House under the heading EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT for each of fiscal years 2014 through 2018 may not exceed 85 percent of the total amount of funds appropriated to that account for fiscal year 2013. (b) Appropriations to Congress Notwithstanding any other provision of law, the total amount of funds appropriated under the headings SENATE and HOUSE OF REPRESENTATIVES for each of fiscal years 2014 through 2018 may not exceed 85 percent of the total amount of funds appropriated under those headings for fiscal year 2013. 102. Denial of certain annual pay adjustments for Members of Congress Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) during fiscal year 2014, 2015, or 2016. 103. Pay freeze for Federal employees (a) In general Section 147 of the Continuing Appropriations Act, 2011 ( Public Law 111–242 ; 5 U.S.C. 5303 note), as amended by section 114(a) of the Continuing Appropriations Resolution, 2013 ( Public Law 112–175 ; 126 Stat. 1316) is amended— (1) in subsection (b)(1), by striking the matter after ending on and before shall be made and inserting December 31, 2015 ; and (2) in subsection (c), by striking the matter after ending on and before no senior executive and inserting December 31, 2015 . (b) Elimination of delayed adjustment Section 114(b) of the Continuing Appropriations Resolution, 2013 is repealed. 104. Reduction in Federal workforce (a) Definition For the purpose of this section— (1) the term total number of Federal employees means the total number of Federal employees in all agencies; (2) the term Federal employee means an employee as defined by section 2105 of title 5, United States Code; and (3) the term agency means an Executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office. (b) Limitation The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2017, the total number of Federal employees (as determined under subsection (c)) shall not exceed 90 percent of the total number of Federal employees as of September 30, 2013 (as so determined). (c) Monitoring and notification The Office of Management and Budget (in consultation with the Office of Personnel Management)— (1) shall continuously monitor all agencies and make a determination, as of September 30, 2013, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of Federal employees exceeds the maximum number allowable under subsection (b); and (2) whenever a determination under paragraph (1) is made that the total number of Federal employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates. (d) Compliance Whenever, with respect to the quarter ending on September 30, 2016, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of Federal employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of Federal employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates. (e) Waiver (1) Emergencies This section may be waived upon a determination by the President that— (A) the existence of a state of war or other national security concern so requires; or (B) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (2) Agency efficiency or critical mission This section may be waived, with respect to a particular position or category of positions in an agency, upon a determination by the President that the efficiency of the agency or the performance of a critical agency mission so requires. (f) Replacement rate To the extent necessary to achieve the workforce reduction required by subsection (b), the Office of Management and Budget (in consultation with the Office of Personnel Management) shall take appropriate measures to ensure that agencies shall appoint no more than 1 employee for every 3 employees retiring or otherwise separating from Government service after the date of the enactment of this Act. This subsection shall cease to apply after September 30, 2016. (g) Counting rule For purposes of this section, any determination of the number of employees in an agency shall be expressed on a full-time equivalent basis. (h) Limitation on procurement of service contracts The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. 105. Reduction in Government travel costs (a) Definition In this section, the term agency means an executive agency as defined under section 105 of title 5, United States Code. (b) Reduction Notwithstanding any other provision of law, the total amount of funds appropriated to the appropriations account providing for travel expenses for each agency for each of fiscal years 2014, 2015, 2016, 2017, and 2018 may not exceed 80 percent of the total amount of funds appropriated to each of those appropriations accounts for fiscal year 2013. 106. Limitation on Government printing costs Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to— (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2014, except that the Director shall ensure that essential printed documents prepared for social security recipients, medicare beneficiaries, and other populations in areas with limited internet access or use continue to remain available; (2) establish government-wide Federal guidelines on employee printing; (3) issue on the Office of Management and Budget's public website the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees; except that the Director of the Office of Management and Budget shall ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually; and (4) issue guidelines requiring every department, agency, commission or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government— (A) the name of the issuing agency, department, commission or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the firm publishing the document. 107. Reduction in Federal vehicle costs Notwithstanding any other provision of law, for fiscal year 2014 and each fiscal year thereafter, the amount made available to the General Services Administration for the acquisition of new vehicles for the Federal fleet shall not exceed an amount equal to 80 percent of the amount made available for the acquisition of those vehicles for fiscal year 2012. 108. Sale of excess Federal property (a) In general Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: VII Expedited disposal of real property 621. Definitions In this subchapter: (1) Director The term Director means the Director of the Office of Management and Budget. (2) Landholding agency The term landholding agency means a landholding agency (as defined in section 501(i) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411(i) )). (3) Real property (A) In general The term real property means— (i) a parcel of real property under the administrative jurisdiction of the Federal Government that is— (I) excess; (II) surplus; (III) underperforming; or (IV) otherwise not meeting the needs of the Federal Government, as determined by the Director; and (ii) a building or other structure located on real property described in clause (i). (B) Exclusion The term real property excludes any parcel of real property, and any building or other structure located on real property, that is to be closed or realigned under the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 note; Public Law 100–526 ). 622. Disposal program (a) In general Except as provided in subsection (e), the Director shall, by sale or auction, dispose of a quantity of real property with an aggregate value of not less than $100,000,000 that, as determined by the Director, is not being used, and will not be used, to meet the needs of the Federal Government for the period of fiscal years 2014 through 2019. (b) Recommendations The head of each landholding agency shall recommend to the Director real property for disposal under subsection (a). (c) Selection of properties After receiving recommendations of candidate real property under subsection (b), the Director— (1) with the concurrence of the head of each landholding agency, may select the real property for disposal under subsection (a); and (2) shall notify the recommending landholding agency head of the selection of the real property. (d) Website The Director shall ensure that all real properties selected for disposal under this section are listed on a website that shall— (1) be updated routinely; and (2) include the functionality to allow any member of the public, at the option of the member, to receive updates of the list through electronic mail. (e) Transfer of property The Director may transfer real property selected for disposal under this section to the Department of Housing and Urban Development if the Secretary of Housing and Urban Development determines that the real property is suitable for use in assisting the homeless. . (b) Technical and Conforming Amendment The table of sections for chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: SUBCHAPTER VII—Expedited disposal of real property Sec. 621. Definitions. Sec. 622. Disposal program. . 109. Prohibition on earmarks Section 312 of the Congressional Budget Act of 1974 is amended by inserting at the end the following: (g) Prohibition on earmarks (1) Bills and joint resolutions (A) In general It shall not be in order in the Senate or the House of Representatives to consider a bill, resolution, or amendment that includes an earmark, limited tax benefit, or limited tariff benefit. (B) Procedure In the Senate, a point of order under this paragraph may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. (2) Conference report (A) In general It shall not be in order in the Senate or the House of Representatives to vote on the adoption of a report of a committee of conference if the report includes an earmark, limited tax benefit, or limited tariff benefit. (B) Procedure When the Senate is considering a conference report on, or an amendment between the Houses in relation to, an appropriation Act, upon a point of order being made by any Senator pursuant to this paragraph, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable under the same conditions as was the conference report. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (3) Waiver Any Senator may move to waive any or all points of order under this subsection by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (4) Definitions For the purpose of this subsection— (A) the term earmark means a provision or report language included primarily at the request of a Senator or Member of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; (B) the term limited tax benefit means any revenue provision that— (i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; and (C) the term limited tariff benefit means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities. (5) Application This subsection shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality or congressional district. . II Tax Reform 200. 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 Tax rates 201. Individual rates (a) In general Section 1(i) is amended to read as follows: (i) Post-2012 rate table (1) In general In the case of taxable years beginning after December 31, 2012, the following table shall apply in lieu of the tables under subsections (a), (b), (c), (d), and (e): If taxable income is: The tax is: Not over $100,000 10% of taxable income Over $100,000 $10,000, plus 20% of the excess over $100,000. (2) Inflation adjustment (A) In general In the case of any taxable year beginning after 2013, the Secretary shall prescribe, in the same manner as under subsection (f), a table which shall apply in lieu of the table under paragraph (1), except that subsection (f)(3)(B) shall be applied by substituting 2012 for 1992 . . (b) Maximum capital gains rate Paragraph (1) of section 1(h) is amended to read as follows: (1) In general If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of— (A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the net capital gain; (B) 0 percent of so much of the net capital gain as does not exceed $1,000,000; and (C) 20 percent of so much of net capital gain as exceeds $1,000,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 202. Repeal of alternative minimum tax on individuals (a) In general Section 55(a) is amended by adding at the end the following new flush sentence: For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2012, shall be zero. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 203. Permanent repeal of personal exemption phaseout (a) In general Section 151(d) is amended by striking paragraph (3). (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 204. Permanent repeal of phaseout of overall limitation on itemized deductions (a) In general Part I of subchapter B of chapter 1 is amended by striking section 68 (and the item relating to such section in the table of sections for such part). (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 205. Corporate income tax rate reduced to flat rate of 20 percent (a) In general Paragraph (1) of section 11(b) is amended by striking shall be the sum of— and all that follows through the period at the end and inserting shall be 20 percent of taxable income. . (b) Personal Service Corporations Paragraph (2) of section 11(b) is amended by striking 35 percent and inserting 20 percent . (c) Conforming Amendments (1) Subsection (a) of section 1201 is amended— (A) by striking 35 percent (determined without regard to the last 2 sentences of section 11(b)) and inserting 20 percent , and (B) by striking 35 percent each place it appears (other than in the matter preceding paragraph (1)) and inserting 20 percent . (2) Paragraphs (1), (2), and (6) of section 1445(e) are each amended by striking 35 percent and inserting 20 percent . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 206. Renewed temporary dividends received deduction (a) Election Subsection (f) of section 965 is amended to read as follows: (f) Election The taxpayer may elect to apply this section to— (1) the taxpayer’s last taxable year which begins before the date of the enactment of this subsection, or (2) the taxpayer’s first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year. . (b) Limitation Paragraph (1) of section 965(b) is amended to read as follows: (1) In general The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder. . (c) Failure To maintain employment levels Paragraph (4) of section 965(b) is amended to read as follows: (4) Reduction in benefits for failure to maintain employment levels (A) In general If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer’s prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayer’s average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)(1)) shall be taken into income by the taxpayer during the taxable year that includes the final day of such period. (B) Average employment level For purposes of this paragraph, the taxpayer’s average employment level for a period shall be the average number of full-time United States employees of the taxpayer, measured at the end of each month during the period. (C) Prior average employment For purposes of this paragraph, the taxpayer’s prior average employment shall be the average number of full-time United States employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a)(1). (D) Full-time united states employee For purposes of this paragraph— (i) In general The term full-time United States employee means an individual who provides services in the United States as a full-time employee, based on the employer’s standards and practices; except that regardless of the employer’s classification of the employee, an employee whose normal schedule is 40 hours or more per week is considered a full-time employee. (ii) Exception for changes in ownership of trades or businesses Such term does not include— (I) any individual who was an employee, on the date of acquisition, of any trade or business acquired by the taxpayer during the 24-month period referred to in subparagraph (A); and (II) any individual who was an employee of any trade or business disposed of by the taxpayer during the 24-month period referred to in subparagraph (A) or the 24-month period referred to in subparagraph (C). (E) Aggregation rules In determining the taxpayer’s average employment level and prior average employment, all domestic members of a controlled group shall be treated as a single taxpayer. . (d) Threshold period Section 965 is amended by striking June 30, 2003 each place it occurs and inserting June 30, 2011 . (e) Base period Paragraph (2) of subsection 965(c) is amended by inserting at the end of subparagraph (A) the following flush sentence: For purposes of this paragraph, taxable years shall not include any year for which an election under section 965 was in effect. . (f) Indebtedness determination date Subparagraph (B) of section 965(b)(3) is amended by striking October 3, 2004 and inserting January 19, 2012 . (g) Conforming amendments (1) Subsection 965(c), as amended by subsection (e), is amended by striking paragraph (1) and redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (2) Paragraph 965(c)(4), as redesignated by paragraph (1), is amended to read as follows: (4) Controlled groups All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder. . (h) Effective date The amendments made by this section shall apply to taxable years ending on or after the date of the enactment of this Act. B Elimination of tax expenditures 211. Termination of credit for increasing research activities Effective for taxable years beginning after the date of the enactment of this Act, section 41 is hereby repealed. 212. Termination of deduction for intangible drilling and development costs (a) In general Section 263(c) is amended by adding at the end the following new sentence: This subsection shall not apply to any taxable year beginning after the date of the enactment of this sentence. . (b) Conforming amendments Paragraphs (2) and (3) of section 291(b) are each amended by striking section 263(c), 616(a), and inserting section 616(a) . (c) Effective date The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after the date of the enactment of this Act. 213. Repeal of domestic production activities deduction with respect to production of coal, lignite, or oil shale (a) In general Subparagraph (B) of section 199(c)(4), as amended by this Act, is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or , and by adding at the end the following new clause: (v) the lease, rental, license, sale, exchange, or other disposition of coal, lignite, or oil shale. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 214. Repeal percentage depletion for oil and natural gas wells (a) In general Section 613A is amended by adding at the end the following new subsection: (f) Termination After the date of the enactment of the Bowles-Simpson Plan of Lowering America’s Debt Act , this section and section 611 shall not apply to any oil or gas well. . (b) Conforming amendment Section 613A(c)(1) is amended by striking subsection (d) and inserting subsections (d) and (f) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 215. Termination of credit for electricity produced from certain renewable resources Effective for property placed in service after the date of the enactment of this Act, section 45 is repealed. 216. Termination of energy credit Effective for property placed in service after the date of the enactment of this Act, section 48 is repealed. 217. Repeal of credit for alcohol used as fuel Effective for fuel sold or used after the date of the enactment of this Act, section 40 is repealed. 218. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures Effective for fuel sold and used after the date of the enactment of this Act, section 6426 is repealed. 219. Repeal of credit for biodiesel and renewable diesel used as fuel Effective for fuel produced, and sold or used, after the date of the enactment of this Act, section 40A is repealed. 220. Repeal of credit for certain plug-in electric vehicles Effective for property placed in service after the date of the enactment of this Act, section 30 is repealed. 221. Early termination of credit for qualified fuel cell motor vehicles Effective for property placed in service after the date of the enactment of this Act, section 30B is repealed. 222. Repeal of deduction for energy conservation subsidies provided by public utilities Effective for amounts received after the date of the enactment of this Act, section 136 is repealed. 223. Repeal of qualifying advanced coal project credit Effective for taxable years beginning after the date of the enactment of this Act, section 48A is repealed. 224. Repeal of qualifying gasification project credit Effective for taxable years beginning after the date of the enactment of this Act, section 48B is repealed. 225. Repeal of special allowance for cellulosic biofuel plant property (a) In general Section 168 is amended by striking subsection (l). (b) Effective date The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. 226. Repeal of election to expense certain refineries Effective for property placed in service after the date of the enactment of this Act, section 179C is repealed. 227. Repeal of 2-year amortization of geological and geophysical expenditures (a) In general Paragraphs (1) and (4) of section 167(h) are each amended by striking 24-month and inserting 7-year . (b) Conforming amendment Subsection (h) of section 167 is amended by striking paragraph (5). (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 228. Repeal of deduction for energy efficient commercial building property Effective for property placed in service after the date of the enactment of this Act, section 179D is repealed. 229. Repeal of credit for construction of new energy efficient homes Effective for homes acquired after the date of the enactment of this Act, section 45L is repealed. 230. Repeal of credit for energy efficient appliances Effective for property placed in service after the date of the enactment of this Act, section 25C is repealed. 231. Repeal of credit for residential energy efficient property Effective for property placed in service after the date of the enactment of this Act, section 25D is repealed. 232. Repeal of advanced energy project credit Effective for property placed in service after the date of the enactment of this Act, section 48C is repealed. 233. Repeal of credit for carbon dioxide sequestration Effective for carbon dioxide captured after the date of the enactment of this Act, section 45Q is repealed. 234. Repeal of low-income housing credit Effective for property placed in service after the date of the enactment of this Act, section 42 is repealed. 235. Repeal of Hope and Lifetime Learning Credits Effective for amounts paid or incurred after the date of the enactment of this Act, section 25A is repealed. 236. Repeal of work opportunity tax credit Effective for wages paid after the date of the enactment of this Act, section 51 is repealed. 237. Repeal of credit for expenses for household and dependent care services necessary for gainful employment Effective for expenses paid after the date of the enactment of this Act, section 21 is repealed. 238. Repeal of credit for adoption expenses Effective for expenses paid or incurred after the date of the enactment of this Act, section 23 is repealed. 239. Repeal of credit for expenditures to provide access to disabled individuals Effective for expenditures paid or incurred after the date of the enactment of this Act, section 44 is repealed. 240. Repeal of earned income tax credit Effective for taxable years beginning after the date of the enactment of this Act, section 32 is repealed. 241. Repeal of energy conservation subsidies provided by public utilities Effective for amounts received after the date of the enactment of this Act, section 136 is repealed. 242. Repeal of election to expense certain refinery property Effective for property placed in service after the date of the enactment of this Act, sections 168(l) and 179C are repealed. 243. Repeal of deduction for endangered species recovery expenditures (a) In general Subsections (a) and (c)(1) of section 175 are each amended by striking , or for endangered species recovery . (b) Conforming amendments (1) The heading for section 175 is amended by striking ; endangered species recovery expenditures . (2) Paragraph (1) of section 175(c) is amended by striking the second sentence. (3) Subparagraph (A) of section 175(c)(3) is amended— (A) by striking or the recovery plan pursuant to the Endangered Species Act of 1973 , and (B) by striking , or endangered species recovery plan in the heading thereof. (c) Effective date The amendments made by this section shall apply to expenditures paid or incurred after the date of the enactment of this Act. 244. Repeal of exclusion of cancellation of indebtedness income of solvent farmers (a) In general Paragraph (1) of section 108(a) is amended by striking subparagraph (C) and by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D) respectively. (b) Conforming amendments (1) Subparagraph (A) of section 108(a)(2) is amended by striking (D), and (E) and inserting and (D) . (2) Subparagraph (B) of section 108(a)(2) is amended— (A) by striking Subparagraphs (C) and (D) and inserting Subparagraph (C) , and (B) by striking qualified farm exclusion and . (3) Paragraph (1) of section 108(b) is amended by striking (B), or (C) and inserting or (B) . (4) Subsection (c) of section 108 is amended by striking under subparagraph (D) each place it appears and inserting under subparagraph (C) . (5) Section 108 is amended by striking subsection (g) and by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. (c) Effective date The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. 245. Repeal of alternative minimum tax treatment of certain property and casualty insurance companies (a) In general Clause (i) of section 56(g)(4)(B) is amended by striking the last sentence. (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 246. Repeal of small life insurance company deduction (a) In general Section 806 is repealed. (b) Conforming amendments (1) Section 804 is amended by striking means— and all that follows through the period at the end and inserting the following: means the general deductions provided in section 805. . (2) Subparagraph (B) of section 453B(e)(2) is amended by inserting , as in effect on the day before the date of the enactment of the Bowles-Simpson Plan of Lowering America’s Debt Act after section 806(b)(3) . (3) Subclause (II) of section 465(c)(7)(D)(v) is amended by inserting , as in effect on the day before the date of the enactment of the Bowles-Simpson Plan of Lowering America’s Debt Act after section 806(b)(3) . (4) Subparagraph (A) of section 815(c)(2) is amended by striking clause (ii), by inserting and at the end of clause (i), and by redesignating clause (iii) as clause (ii). (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 247. Termination of $25,000 exemption from passive loss rules for rental real estate activities (a) In general Section 469 is amended by striking subsection (i). (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 248. Repeal of discharge of indebtedness exclusion Effective for discharges of indebtedness occurring on or after the date of the enactment of this Act, section 108 is repealed. 249. Repeal of certain exceptions for imputed interest rules (a) Determination of issue price in the case of certain debt instruments issued for property Paragraph (3) of section 1274(c)(3) is amended by striking subparagraphs (A), (B), and (C). (b) Special rule for certain transactions where stated principal amount does not exceed certain amount Section 1274A is amended by adding at the end the following new subsection: (f) Termination This section shall not apply to any sales or exchanges after the date of the enactment of this Act. . (c) Effective date The amendment made by subsection (a) shall apply to sales or exchanges after the date of the enactment of this Act. 250. Termination of partial exclusion for gain from certain small business stock Section 1202 is amended by adding at the end the following new subsection: (l) Termination This section shall not apply to any sale or exchange of stock after the date of the enactment of the Bowles-Simpson Plan of Lowering America’s Debt Act . . 251. Termination of treatment of losses on small business stock as ordinary Section 1244 is amended by adding at the end the following new subsection: (f) Termination This section shall not apply to any sale or exchange of stock after the date of the enactment of the Bowles-Simpson Plan of Lowering America’s Debt Act . . 252. Repeal of student loan interest deduction Effective for any loan interest paid after the date of the enactment of this Act, section 221 is repealed. 253. Repeal of deduction of tuition and related expenses Effective for amounts paid after the date of the enactment of this Act, section 222 is repealed. 254. Repeal of gross income exclusion for United States savings bonds used to pay higher education expenses Effective for taxable years beginning after the date of the enactment of this Act, section 135 is repealed. 255. Elimination of personal exemption for students age 19 and older (a) In general Subparagraph (A) of section 152(c)(3) is amended— (1) by striking clause (ii), (2) by striking , or at the end of clause (i) and inserting a period, and (3) by striking child and and all that follows through (i) has not attained and inserting child and has not attained . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 256. Elimination of above the line deduction for certain expenses of elementary and secondary school teachers (a) In general Paragraph (2) of section 62(a) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (b) Conforming amendments (1) Section 62 is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). (2) Paragraph (20) of section 62(a) is amended by striking subsection (e) and inserting subsection (d) . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. 257. Elimination of gross income exclusion for discharge of certain student loan debt Section 108 is amended by adding at the end the following new paragraph: (5) Termination This subsection shall not apply to discharges of indebtedness after the date of the enactment of the Bowles-Simpson Plan of Lowering America’s Debt Act . . 258. Repeal of exclusion from gross income for rental value of parsonages Effective for taxable years beginning after the date of the enactment of this Act, section 107 is repealed. 259. Repeal of exclusion from gross income for benefits provided to volunteer firefighters and emergency medical responders Effective for taxable years beginning after the date of the enactment of this Act, section 139B is repealed. 260. Repeal of special treatment of Blue Cross and Blue Shield organizations, etc Effective for taxable years beginning after the date of the enactment of this Act, section 833 is repealed. 261. Sense of the House regarding a territorial tax system It is the sense of the House that the Committee on Ways and Means of the House of Representatives should report legislation that will transition the United States to a territorial tax system. C Phaseout of Tax Expenditures 271. Five-year phaseout of certain tax expenditures (a) In general Effective for taxable years beginning after December 31, 2012, the amount allowable as a credit, exclusion from gross income, exemption from taxation, or deduction for the taxable year under the tax provisions specified in subsection (c) (determined without regard to this section) shall be reduced by the applicable percentage of the amount so allowable. (b) Applicable percentage For purposes if this section, the applicable percentage shall be determined in accordance with the following table: In the case of taxable years  beginning in: The applicable percentage shall be: 2013 20 2014 40 2015 60 2016 80 2017 and thereafter 100. (c) Specified provisions For purposes of this section, the tax provisions specified in this subsection are as follows: (1) Section 911 of the Internal Revenue Code of 1986 (relating to citizens or residents of the United States living abroad). (2) Section 912 of such Code (relating to exemption for certain allowances). (3) Section 41 of such Code (relating to credit for increasing research activities). (4) Section 631(c) of such Code (relating to disposal of coal or domestic iron ore with a retained economic interest). (5) Section 451(i) of such Code (relating to special rule for sales or dispositions to implement Federal Energy Regulatory Commission or State Electric Restructuring Policy). (6) Section 613 of such Code (relating to percentage depletion) in the case of nonfuel minerals. (7) Section 631(a) of such Code (relating to election to consider cutting as sale or exchange). (8) Section 512(b)(19) of such Code (relating to treatment of gain or loss on sale or exchange of certain brownfield sites). (9) The exclusion from gross income of income on life insurance contracts (as determined under section 7702(g) of the Internal Revenue Code of 1986). (10) Section 103(a) of such Code, to the extent the interest is attributable to a qualified mortgage bond (as defined in section 143(a) of such Code), a qualified veterans’ mortgage bond (as defined is section 143(b) of such Code), or an issue described in section 142(a)(7) of such Code. (11) Section 199 of such Code (relating to include attributable to domestic production activities). (12) Section 181 of such Code (relating to treatment of certain qualified film and television productions). (13) Section 7518 of such Code (relating to tax incentives relating to merchant marine capital construction funds) and chapter 535 of title 46, United States Code. (14) Section 132(a)(5) of such Code (relating to qualified transportation fringe) to the extent attributable to a transit pass (as defined in section 132(f)(5) of such Code) or qualified parking (as so defined). (15) Section 45G(a) of such Code (relating to railroad track maintenance credit). (16) Section 46(a) of such Code (relating to rehabilitation credit). (17) Section 45D of such Code (relating to new markets tax credit). (18) Section 131 of such Code (relating to certain foster care payments). (19) Section 213 of such Code (relating to medical, dental, etc., payments). (20) Section 36B of such Code (relating to refundable credit for coverage under a qualified health plan). (21) Section 45R of such Code (relating to employee health insurance expenses of small employers). (22) Section 45C of such Code (relating to clinical testing expenses for certain drugs for rare diseases or conditions). (23) Section 35 of such Code (relating to health insurance costs of eligible individuals). (24) Means-tested payments otherwise excludable under the general welfare doctrine. (25) Section 79 of such Code (relating to group-term life insurance purchased for employees). (26) Section 106 of such Code (relating to contributions by employer to accident and health plans) to the extent attributable to employer provided coverage under an accident or disability insurance plan. (27) Section 165 of such Code (relating to losses) to the extent the loss is described in section 165(c)(3) of such Code. (28) Section 164(a)(1) of such Code (relating to real property taxes) to the extent not attributable to real property used in a trade or business or the principal residence of the taxpayer (within the meaning of section 121 of such Code). D Special Status 381. Termination of qualified energy conservation bonds Subsection (a) of section 54D is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the bond is issued before the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012. . 382. Termination of new clean renewable energy bonds Subsection (a) of section 54C is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the bond is issued before the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012. . 383. Termination of exempt facility bond treatment for water, sewage, and solid waste facilities (a) In general Subsection (a) of section 142 is amended by striking paragraphs (4), (5), and (6). (b) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. 384. Termination of expensing and amortization of reforestation expenditures and expensing of timber-growing costs (a) Reforestation expenditures Section 194 is amended by adding at the end the following new subsection: (e) Termination This section shall not apply to amount paid or incurred after the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012. . (b) Expensing of timber growing costs Subsection (c) of section 263A is amended by striking paragraph (5). (c) Effective date The amendment made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act. 385. Termination of deferral of gain on sales of stock in agricultural refiners and processors to eligible farm cooperatives Subsection (g) of section 1042 is amended by adding at the end the following new paragraph: (5) Termination This subsection shall not apply to any sales after the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012. . 386. Termination of election to expense certain depreciable business assets (a) In general Subparagraph (D) of section 179(b)(1) is amended by striking $25,000 and inserting $0 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2012. 387. Termination of qualified small issue bonds Paragraph (1) of section 144(a) is amended by inserting before the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012 after any bond issued . 388. Termination of exempt facility bond treatment for qualified highway or surface freight transfer facilities (a) In general Subsection (a) of section 142 is amended by striking paragraph (15). (b) Effective date The amendment made by this section shall apply to bonds issued after the date of the enactment of this Act. 389. Termination of exempt facility bond treatment for airports, docks, and wharves (a) In general Subsection (a) of section 142 is amended by striking paragraphs (1) and (2). (b) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. 390. Termination of tribal economic development bonds Subparagraph (A) of section 7871(f)(3) is amended by inserting before the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012 after any bond issued . 391. Termination of exclusion from gross income of United States savings bonds interest used to pay higher education expenses Subparagraph (A) of section 135(c)(1) is amended by inserting and before the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012 after December 31, 1989, . 392. Termination of qualified zone academy bonds Subsection (a) of section 54E is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3), and inserting , and , and by adding at the end the following new paragraph: (4) the bond is issued before the date of the enactment of the Implementation of Simpson-Bowles Spending Reductions Act of 2012. . 393. Termination of exempt facility bond treatment for qualified public educational facilities (a) In general Subsection (a) of section 142 is amended by striking paragraph (13). (b) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. 394. Termination of hospital bonds (a) In general Paragraph (1) of section 145(a) is amended by striking or a governmental unit and inserting , or a governmental unit, other than a hospital . (b) Conforming amendments (1) Section 145 is amended by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (2) Subsection (b) of section 145 is amended by striking nonhospital each place it appears. (3) Paragraph (1) of section 145(b) is amended by striking (other than a qualified hospital bond) . (4) Paragraph (2) of section 145(b) is amended— (A) by striking other than a qualified hospital bond in subparagraph (B), and (B) by striking subparagraph (C). (5) The heading for subsection (b) of section 145 is amended by striking on bonds other than hospital bonds . (6) The heading for paragraph (2) of section 145(b) is amended by striking nonhospital . (c) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr243ih/xml/BILLS-113hr243ih.xml

113-hr-244

I 113th CONGRESS 1st Session H. R. 244 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Schakowsky introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To assure that the services of a nonemergency department physician are available to hospital patients 24 hours a day, seven days a week in all non-Federal hospitals with at least 100 licensed beds. 1. Short title This Act may be cited as the Physician Availability Act of 2013 . 2. Requirement for physician availability in acute care hospitals (a) In General Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions For purposes of this section: (1) Covered hospital (A) In general Subject to subparagraph (B), the term covered hospital means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B) )) that— (i) has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc); (ii) is participating in the program under title XIX of such Act; or (iii) is receiving Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals Such term does not include a hospital that— (i) is a facility of the Federal Government; or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician (A) The term physician means, with respect to a hospital, an individual who is a doctor of medicine or osteopathy legally authorized under State law to practice medicine and surgery in that hospital. (B) The term qualified physician means, with respect to a hospital, an individual who is a physician and whose credentials as such a physician have been verified by the administration of the hospital (before providing any services at the hospital) through appropriate means, including verification through the National Practitioner Databank. (3) Physician availability A physician is considered to be available in a hospital if— (A) the physician is physically present in the hospital; (B) the physician’s primary responsibility is to be in attendance to serve the needs of the hospital’s inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital’s emergency room or emergency department. (c) Enforcement (1) Warning If the Secretary of Health and Human Services (in this section referred to as the Secretary ) determines that a hospital has violated subsection (a), in the first instance the Secretary shall provide a written warning regarding such violation to the hospital and shall notify the Inspector General of the Department of Health and Human Services (in this section referred to as the HHS Inspector General ) of such violation. Subsequently, the HHS Inspector General shall monitor the compliance of the hospital with the requirement of subsection (a). (2) Second violation After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)— (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ), other than subsections (a) and (b) of such section, shall apply to civil money penalties under subparagraph (A) in the same manner as they apply to a penalty or proceeding under subsection (a) of such section. (3) Subsequent violations After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act and from receipt of Federal funds under any grant or cooperative agreement for such period as the Secretary specifies and until the Secretary receives satisfactory assurances that the hospital will be in substantial compliance with the requirement of subsection (a). (4) Failure to submit or comply with remedial plan If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act and under Federal grants or cooperative agreements until the Secretary receives satisfactory assurances that such failures will not continue. (d) Effective Date This section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr244ih/xml/BILLS-113hr244ih.xml

113-hr-245

I 113th CONGRESS 1st Session H. R. 245 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Schweikert introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to allow certain loans that are not fully amortizing to be used in seller carryback financing on residential mortgage loans. 1. Removing limitation Section 103(cc)(2)(E) of the Truth in Lending Act (as added by section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act) is amended— (1) by striking clause (ii); and (2) by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively.

https://www.govinfo.gov/content/pkg/BILLS-113hr245ih/xml/BILLS-113hr245ih.xml

113-hr-246

I 113th CONGRESS 1st Session H. R. 246 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Schweikert introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Board of Governors of the Federal Reserve System to collect, publish, and keep current an objective index of dollar-denominated loan interest rates of various maturities, and for other purposes. 1. Short title This Act may be cited as the Rate of Average Time Execution Act of 2013 or the RATE Act of 2013 . 2. Publication of certain loan rates (a) In general The Federal Reserve Act is amended by inserting after section 11B the following: 11C. Publication of certain loan rates (a) In general The Board of Governors of the Federal Reserve System shall collect, publish, and keep current a set of indices reporting the rate for dollar-denominated loans of various maturities. (b) Specific requirements The indices described under subsection (a) shall— (1) be derived from a collation of objective, anonymized data collected from a variety of financial institutions for a variety of loan products, where such institutions are representative of a broad range of participants in the financial market; (2) contain information representing executed transactions from a basket of credit products, determined by the Board and derived from real market data based on actual borrowing costs; (3) list the average of loan rates with maturities of overnight, one month, three months, six months, nine months, and one year; (4) not contain the Federal funds rate; (5) be published on the Board’s website and updated weekly; and (6) be clearly labeled in such a way that they cannot be misinterpreted to be rate targets set by the Federal Open Market Committee. . (b) Rulemaking The Board of Governors of the Federal Reserve System shall issue regulations to carry out section 11C of the Federal Reserve Act, as added by subsection (a), before the end of the 90-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr246ih/xml/BILLS-113hr246ih.xml

113-hr-247

I 113th CONGRESS 1st Session H. R. 247 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Schweikert introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that the United States Government prioritize all obligations on the debt held by the public, Social Security benefits, and military pay in the event that the debt limit is reached, and for other purposes. 1. Short title This Act may be cited as the Ensuring the Full Faith and Credit of the United States and Protecting America's Soldiers and Seniors Act . 2. Findings Congress finds the following: (1) The Secretary of the Treasury is legally required to carry out the obligations set forth in Public Law 104–121 . (2) The debt obligations held by the Social Security trust fund may only be redeemed in order to pay Social Security benefits and necessary administrative expenses. (3) So long as there is a positive balance of assets in the Social Security trust fund, an appropriate amount of obligations may be converted into an equal amount of publicly held debt in order to finance the full and timely payment of all Social Security obligations without exceeding the debt ceiling. 3. Prioritize obligations on the debt held by the public, Social Security benefits, and military pay In the event that the debt of the United States Government reaches the statutory limit as defined in section 3101 of title 31, United States Code, the following shall take equal priority over all other obligations incurred by the Government of the United States: (1) The authority of the Department of the Treasury contained in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (2) The authority of the Commissioner of Social Security to pay monthly old-age, survivors’ and disability insurance benefits under title II of the Social Security Act. (3) The payment of pay and allowances for members of the Armed Forces on active duty.

https://www.govinfo.gov/content/pkg/BILLS-113hr247ih/xml/BILLS-113hr247ih.xml

113-hr-248

I 113th CONGRESS 1st Session H. R. 248 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz (for himself and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Act of August 25, 1958, commonly known as the Former Presidents Act of 1958 , with respect to the monetary allowance payable to a former President, and for other purposes. 1. Short title This Act may be cited as the Presidential Allowance Modernization Act . 2. Amendments (a) Relating to a former President The first section of the Act entitled An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes , approved August 25, 1958 (3 U.S.C. 102 note), is amended by striking the matter before subsection (e) and inserting the following: (a) Each former President shall be entitled for the remainder of his or her life to receive from the United States— (1) an annuity at the rate of $200,000 per year, subject to subsection (c); and (2) a monetary allowance at the rate of $200,000 per year, subject to subsections (c) and (d). (b) (1) The annuity and allowance under subsection (a) shall each— (A) commence on the day after the individual becomes a former President; (B) terminate on the last day of the month before the former President dies; and (C) be payable by the Secretary of the Treasury on a monthly basis. (2) The annuity and allowance under subsection (a) shall not be payable for any period during which the former President holds an appointive or elective position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate. (c) Effective December 1 of each year, each annuity and allowance under subsection (a) having a commencement date that precedes such December 1 shall be increased by the same percentage as the percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 and following) are increased, effective as of such December 1, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (d) (1) Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period may not exceed the amount by which— (A) the monetary allowance which (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) (B) the applicable reduction amount for such 12-month period. (2) (A) For purposes of paragraph (1), the applicable reduction amount is, with respect to any former President and in connection with any 12-month period, the amount by which— (i) the sum of (I) the adjusted gross income (as defined by section 62 of the Internal Revenue Code of 1986) of the former President for the last taxable year ending before the start of such 12-month period, plus (II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) (ii) $400,000, subject to subparagraph (C). (B) In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. (C) The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage as the percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). . (b) Relating to the surviving spouse of a former President (1) Increase in amount of monetary allowance Subsection (e) of the section amended by subsection (a) is amended— (A) in the first sentence, by striking $20,000 per annum, and inserting $100,000 per year (subject to paragraph (4)), ; and (B) in the second sentence— (i) in paragraph (2), by striking and at the end; (ii) in paragraph (3), by striking the period and inserting ; and ; and (iii) by adding after paragraph (3) the following: (4) shall, after its commencement date, be increased at the same time that, and by the same percentage as the percentage by which, annuities of former Presidents are increased under subsection (c). . (2) Coverage of widower of a former President Such subsection (e), as amended by paragraph (1), is further amended— (A) by striking widow each place it appears and inserting widow or widower ; and (B) by striking she and inserting she or he . 3. Rule of construction Nothing in this Act shall be considered to affect— (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the law amended by this section or under any other law, to carry out any provision of law described in paragraph (1). 4. Effective date; transition rules (a) Effective date This Act shall take effect on the date of enactment of this Act. (b) Transition rules (1) Former Presidents In the case of any individual who is a former President on the date of enactment of this Act, the amendment made by section 2(a) shall be applied as if the commencement date referred in subsection (b)(1)(A) of the section amended by this Act coincided with such date of enactment. (2) Widows In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by section 2(b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the section amended by this Act coincided with such date of enactment.

https://www.govinfo.gov/content/pkg/BILLS-113hr248ih/xml/BILLS-113hr248ih.xml

113-hr-249

I 113th CONGRESS 1st Session H. R. 249 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide that persons having seriously delinquent tax debts shall be ineligible for Federal employment. 1. Short title This Act may be cited as the Federal Employee Tax Accountability Act of 2013 . 2. Ineligibility of persons having seriously delinquent tax debts for Federal employment (a) In general Chapter 73 of title 5, United States Code, is amended by adding at the end the following: VIII Ineligibility of Persons Having Seriously Delinquent Tax Debts for Federal Employment 7381. Definitions For purposes of this subchapter— (1) the term seriously delinquent tax debt means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code, except that such term does not include— (A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; (B) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; (C) a debt with respect to which a levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to a levy issued under such section); and (D) a debt with respect to which relief under section 6343(a)(1)(D) of such Code is granted; (2) the term employee means an employee in or under an agency, including an individual described in sections 2104(b) and 2105(e); and (3) the term agency means— (A) an Executive agency; (B) the United States Postal Service; (C) the Postal Regulatory Commission; and (D) an employing authority in the legislative branch. 7382. Ineligibility for employment (a) In general Subject to subsection (c), any person who has a seriously delinquent tax debt shall be ineligible to be appointed or to continue serving as an employee. (b) Disclosure requirement The head of each agency shall take appropriate measures to ensure that each person applying for employment with such agency shall be required to submit (as part of the application for employment) certification that such person does not have any seriously delinquent tax debt. (c) Regulations The Office of Personnel Management, in consultation with the Internal Revenue Service, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations which the Office considers necessary, except that such regulations shall provide for the following: (1) All due process rights, afforded by chapter 75 and any other provision of law, shall apply with respect to a determination under this section that an applicant is ineligible to be appointed or that an employee is ineligible to continue serving. (2) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that such individual’s debt is one described in subparagraph (A), (B), (C), or (D) of section 7381(a)(1). (3) An employee may continue to serve, in a situation involving financial hardship, if the continued service of such employee is in the best interests of the United States, as determined on a case-by-case basis. (d) Reports to Congress The Director of the Office of Personnel Management shall report annually to Congress on the number of exemptions made pursuant to subsection (c)(3). 7383. Review of public records (a) In general Each agency shall provide for such reviews of public records as the head of such agency considers appropriate to determine if a notice of lien (as described in section 7381(1)) has been filed with respect to an employee of or an applicant for employment with such agency. (b) Additional requests If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the agency may— (1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the employee or applicant has a seriously delinquent tax debt; and (2) contact the Secretary of the Treasury to request tax information limited to describing whether the employee or applicant has a seriously delinquent tax debt. (c) Authorization form The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). (d) Negative consideration The head of an agency, in considering an individual’s application for employment or in making an employee appraisal or evaluation, shall give negative consideration to a refusal or failure to comply with a request under subsection (b)(1). 7384. Confidentiality Neither the head nor any other employee of an agency may— (1) use any information furnished under the provisions of this subchapter for any purpose other than the administration of this subchapter; (2) make any publication whereby the information furnished by or with respect to any particular individual under this subchapter can be identified; or (3) permit anyone who is not an employee of such agency to examine or otherwise have access to any such information. . (b) Clerical amendment The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: SUBCHAPTER VIII—INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT 7381. Definitions. 7382. Ineligibility for employment. 7383. Review of public records. 7384. Confidentiality. . 3. Effective date This Act and the amendments made by this Act shall take effect 9 months after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr249ih/xml/BILLS-113hr249ih.xml

113-hr-250

I 113th CONGRESS 1st Session H. R. 250 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Antiquities Act of 1906 to place additional requirements on the establishment of national monuments under that Act, and for other purposes. 1. Requirement for establishment of national monument Section 2 of the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 ; 16 U.S.C. 431 ) is amended by striking , in his discretion, to declare by public proclamation and inserting to declare, subject to approval by an Act of Congress, .

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113-hr-251

I 113th CONGRESS 1st Session H. R. 251 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes. 1. Short title This Act may be cited as the South Utah Valley Electric Conveyance Act . 2. Definitions In this Act: (1) District The term District means the South Utah Valley Electric Service District, organized under the laws of the State of Utah. (2) Electric distribution system The term Electric Distribution System means fixtures, irrigation, or power facilities lands, distribution fixture lands, and shared power poles. (3) Fixtures The term fixtures means all power poles, cross-members, wires, insulators and associated fixtures, including substations, that— (A) comprise those portions of the Strawberry Valley Project power distribution system that are rated at a voltage of 12.5 kilovolts and were constructed with Strawberry Valley Project revenues; and (B) any such fixtures that are located on Federal lands and interests in lands. (4) Irrigation or power facilities lands The term irrigation or power facilities lands means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are encumbered by other Strawberry Valley Project irrigation or power features, including lands underlying the Strawberry Substation. (5) Distribution fixture lands The term distribution fixture lands means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are unencumbered by other Strawberry Valley Project features, to a maximum corridor width of 30 feet on each side of the centerline of the fixtures’ power lines as those lines exist on the date of the enactment of this Act. (6) Shared power poles The term shared power poles means poles that comprise those portions of the Strawberry Valley Project Power Transmission System, that are rated at a voltage of 46.0 kilovolts, are owned by the United States, and support fixtures of the Electric Distribution System. (7) Secretary The term Secretary means the Secretary of the Interior. 3. Conveyance of Electric Distribution System (a) In general Inasmuch as the Strawberry Water Users Association conveyed its interest, if any, in the Electric Distribution System to the District by a contract dated April 7, 1986, and in consideration of the District assuming from the United States all liability for administration, operation, maintenance, and replacement of the Electric Distribution System, the Secretary shall, as soon as practicable after the date of the enactment of this Act and in accordance with all applicable law convey and assign to the District without charge or further consideration— (1) all of the United States right, title, and interest in and to— (A) all fixtures owned by the United States as part of the Electric Distribution System; and (B) the distribution fixture land; (2) license for use in perpetuity of the shared power poles to continue to own, operate, maintain, and replace Electric Distribution Fixtures attached to the shared power poles; and (3) licenses for use and for access in perpetuity for purposes of operation, maintenance, and replacement across, over, and along— (A) all project lands and interests in irrigation and power facilities lands where the Electric Distribution System is located on the date of the enactment of this Act that are necessary for other Strawberry Valley Project facilities (the ownership of such underlying lands or interests in lands shall remain with the United States), including lands underlying the Strawberry Substation; and (B) such corridors where Federal lands and interests in lands— (i) are abutting public streets and roads; and (ii) can provide access that will facilitate operation, maintenance, and replacement of facilities. (b) Compliance with environmental laws (1) In general Before conveying lands, interest in lands, and fixtures under subsection (a), the Secretary shall comply with all applicable requirements under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) any other law applicable to the land and facilities. (2) Effect Nothing in this Act modifies or alters any obligations under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (c) Power Generation and 46kV Transmission Facilities Excluded Except for the uses as granted by license in Shared Power Poles under section 3(a)(2), nothing in this Act shall be construed to grant or convey to the District or any other party, any interest in any facilities shared or otherwise that comprise a portion of the Strawberry Valley Project power generation system or the federally owned portions of the 46 kilovolt transmission system which ownership shall remain in the United States. 4. Effect of conveyance On conveyance of any land or facility under section 3(a)(1)— (1) the conveyed and assigned land and facilities shall no longer be part of a Federal reclamation project; (2) the District shall not be entitled to receive any future Bureau or Reclamation benefits with respect to the conveyed and assigned land and facilities, except for benefits that would be available to other non-Bureau of Reclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, including the transaction of April 7, 1986, between the Strawberry Water Users Association and Strawberry Electric Service District. 5. Report If a conveyance required under section 3 is not completed by the date that is 1 year after the date of the enactment of this Act, not later than 30 days after that date, the Secretary shall submit to Congress a report that— (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance.

https://www.govinfo.gov/content/pkg/BILLS-113hr251ih/xml/BILLS-113hr251ih.xml

113-hr-252

I 113th CONGRESS 1st Session H. R. 252 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To recognize Jerusalem as the capital of Israel, to relocate to Jerusalem the United States Embassy in Israel, and for other purposes. 1. Short title This Act may be cited as the Jerusalem Embassy and Recognition Act of 2013 . 2. Recognition of Jerusalem as the capital of Israel and relocation of the United States Embassy to Jerusalem (a) Policy It is the policy of the United States to recognize Jerusalem as the undivided capital of the State of Israel, both de jure and de facto. (b) Sense of Congress It is the sense of Congress that— (1) Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected as they have been by Israel since 1967; (2) every citizen of Israel should have the right to reside anywhere in the undivided city of Jerusalem; (3) the President and the Secretary of State should publicly affirm as a matter of United States policy that Jerusalem must remain the undivided capital of the State of Israel; (4) the President should immediately implement the provisions of the Jerusalem Embassy Act of 1995 ( Public Law 104–5 ) and begin the process of relocating the United States Embassy in Israel to Jerusalem; and (5) United States officials should refrain from any actions that contradict United States law on this subject. (c) Removal of waiver authority The Jerusalem Embassy Act of 1995 (Public Law 104–45) is amended— (1) by striking section 7; and (2) by redesignating section 8 as section 7. (d) Identification of Jerusalem on Government documents Notwithstanding any other provision of law, any official document of the United States Government which lists countries and their capital cities shall identify Jerusalem as the capital of Israel. (e) Timetable (1) Statement of policy It is the policy of the United States that the United States Embassy in Israel should be established in Jerusalem as soon as possible, but not later than January 1, 2015. (2) Opening determination Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 2015 for Acquisition and Maintenance of Buildings Abroad may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened. (f) Fiscal years 2013 and 2014 funding (1) Fiscal year 2013 Of the funds authorized to be appropriated for Acquisition and Maintenance of Buildings Abroad for the Department of State for fiscal year 2013, such sums as may be necessary should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem. (2) Fiscal year 2014 Of the funds authorized to be appropriated for Acquisition and Maintenance of Buildings Abroad for the Department of State for fiscal year 2014, such sums as may be necessary should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem. (g) Definition In this section, the term United States Embassy means the offices of the United States diplomatic mission and the residence of the United States chief of mission.

https://www.govinfo.gov/content/pkg/BILLS-113hr252ih/xml/BILLS-113hr252ih.xml