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113-hr-3757
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I 113th CONGRESS 1st Session H. R. 3757 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Peters of California (for himself, Mr. Honda , Ms. DelBene , Mr. Murphy of Florida , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the research credit one year, to increase and make permanent the alternative simplified research credit, and to provide a 20 percent credit for payments to biotechnology research consortiums for biotechnology research.
1. Short title This Act may be cited as the Igniting American Research Act . 2. 1-Year extension of research credit; alternative simplified research credit increased and made permanent (a) 1-Year extension of credit (1) In general Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (2) Conforming amendment Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking December 31, 2013 and inserting December 31, 2014 . (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. (b) Alternative simplified research credit increased and made permanent (1) Increased credit Subparagraph (A) of section 41(c)(5) of such Code (relating to election of alternative simplified credit) is amended by striking 14 percent (12 percent in the case of taxable years ending before January 1, 2009) and inserting 20 percent . (2) Credit made permanent (A) In general Subsection (h) of section 41 of such Code is amended by redesignating the paragraph (2) relating to computation of taxable year in which credit terminates as paragraph (4) and by inserting before such paragraph the following new paragraph: (3) Termination not to apply to alternative simplified credit Paragraph (1) shall not apply to the credit determined under subsection (c)(5). . (B) Conforming amendment Paragraph (4) of section 41(h) of such Code, as redesignated by subparagraph (A), is amended to read as follows: (4) Computation for taxable year in which credit terminates In the case of any taxable year with respect to which this section applies to a number of days which is less than the total number of days in such taxable year, the amount determined under subsection (c)(1)(B) with respect to such taxable year shall be the amount which bears the same ratio to such amount (determined without regard to this paragraph) as the number of days in such taxable year to which this section applies bears to the total number of days in such taxable year. . (3) Effective date The amendments made by this subsection shall apply to taxable years ending after December 31, 2013. 3. Biotechnology research (a) 20 percent credit for payments to biotechnology research consortium for biotechnology research (1) In general Section 41(a)(3) of the Internal Revenue Code of 1986 is amended by inserting or a biotechnology research consortium for biotechnology research before the period at the end. (2) Limitation Section 41(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: The amounts taken into account for purposes of paragraph (3) for a taxable year may not exceed the greater of 20 percent of the amounts paid or incurred by the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research or 20 percent of the amounts paid or incurred by the taxpayer during the taxable year (including as contributions) to a biotechnology research consortium for biotechnology research. . (b) Biotechnology contract research expenses Section 41(b)(3)(D)(i) of the Internal Revenue Code of 1986 is amended by striking energy research and inserting energy or biotechnology research . (c) Special rules Subparagraphs (A)(ii) and (B)(ii) of section 41(f)(1) of the Internal Revenue Code of 1986 are both amended by striking consortiums, and inserting consortiums and to biotechnology research consortiums, . (d) Biotechnology research consortium defined Section 41(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Biotechnology research consortium (A) In general The term biotechnology research consortium means any organization— (i) which is— (I) described in section 501(c)(3) and is exempt from tax under section 501(a) and is organized and operated primarily to conduct biotechnology research, or (II) organized and operated primarily to conduct biotechnology research in the public interest (within the meaning of section 501(c)(3)), (ii) which is not a private foundation, (iii) to which at least 3 unrelated persons paid or incurred during the calendar year in which the taxable year of the organization begins amounts (including as contributions) to such organization for biotechnology research, and (iv) to which no single person paid or incurred (including as contributions) during such calendar year an amount equal to more than 50 percent of the total amounts received by such organization during such calendar year for biotechnology research. (B) Applicable rules For purposes of subparagraph (A), rules similar to the rules of subparagraphs (B), (C) (applied by substituting biotechnology for research ), and (D) of paragraph (6) shall apply. (C) Biotechnology research The term biotechnology research does not include— (i) any research which is not qualified research, and (ii) any research which is energy research. . (e) Energy research consortium Section 41(f)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking 5 unrelated persons and inserting 3 unrelated persons . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3757ih/xml/BILLS-113hr3757ih.xml
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113-hr-3758
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I 113th CONGRESS 1st Session H. R. 3758 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Peters 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 extend the second generation biofuel producer credit and the special allowance for second generation biofuel plant property.
1. Short title This Act may be cited as the Second Generation Biofuel Extension Act of 2013 . 2. Extension of second generation biofuel producer credit and special allowance for second generation biofuel plant property (a) Second generation biofuel producer credit Subparagraph (J) of section 40(b)(6) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Special allowance for second generation biofuel plant property (1) Extension Subparagraph (D) of section 168(l)(2) of such Code is amended by striking January 1, 2014 and inserting January 1, 2015 . (2) Conforming amendments Paragraph (4) of section 168(l) of such Code is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following new subparagraph: (C) by substituting January 1, 2015 for January 1, 2014 each place it appears therein. . (c) Effective date (1) Credit The amendment made by subsection (a) shall apply with respect to qualified second generation biofuel production after December 31, 2013. (2) Allowance The amendment made by subsection (b) shall apply with respect to property placed in service after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3758ih/xml/BILLS-113hr3758ih.xml
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113-hr-3759
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I 113th CONGRESS 1st Session H. R. 3759 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Peters of Michigan (for himself and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the employer wage credit for activated military reservists.
1. Short title This Act may be cited as the Military Reserve Small Business Jobs Act of 2013 . 2. Extension of employer wage credit for activated military reservists (a) In general Section 45P(f) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2018 . (b) Effective date The amendment made by this section shall apply to payments made after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3759ih/xml/BILLS-113hr3759ih.xml
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113-hr-3760
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I 113th CONGRESS 1st Session H. R. 3760 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 for the expedited approval by the Secretary of Energy of liquefied natural gas exports, and for other purposes.
1. Short title This Act may be cited as the Export American Natural Gas Act of 2013 . 2. Liquefied natural gas export approval Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by adding at the end the following new subsections: (g) (1) For purposes of subsection (a), the Secretary shall approve or deny an application for approval of the export of liquefied natural gas, whether through an onshore or offshore terminal, not later than 60 days after the later of— (A) the Secretary receiving a completed application; and (B) the applicant entering into a contract with a customer for the liquefied natural gas proposed to be exported. (2) If the Secretary has not approved or denied an application by the deadline established under paragraph (1), the application shall be deemed to have been approved. (3) This subsection shall not apply to an application for export to a nation to which such export is prohibited by law. (h) Authorization shall be provided under subsection (a) separately from and simultaneously with authorization required from the Federal Energy Regulatory Commission or the Maritime Administration, as applicable. . 3. Report on global exports of natural gas production Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The economic policies of foreign countries with natural gas resources and reserves as such policies relate to the development and production of their natural gas resources and reserves and the extent and status of their natural gas resources and reserves. (2) The potential to export the natural gas production of such foreign countries to the global market and the impact of the export of such natural gas production on the global market. (3) A description of actions taken by the United States Government to foster natural gas exports to foreign countries that may have an interest in importing natural gas from the United States.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3760ih/xml/BILLS-113hr3760ih.xml
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113-hr-3761
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I 113th CONGRESS 1st Session H. R. 3761 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Pompeo (for himself, Mr. Enyart , Mrs. McMorris Rodgers , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To properly define and distinguish between decorative hearth products and vented hearth heaters.
1. Vented hearth heaters and decorative hearth products Section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 ) is amended by inserting at the end the following: (67) Vented hearth heater The term vented hearth heater means a vented gas fireplace, vented fireplace insert, or vented stove— (A) for which any AFUE representation, or representation with respect to P.4 efficiencies required for products sold in Canada, is made in any manufacturer advertising or literature; (B) that is certified to the ANSI Z21.88 standard or identified in any manufacturer literature or advertising as a heater-rated product; or (C) that is equipped by the manufacturer with a thermostatic control. (68) Decorative hearth product The term decorative hearth product means a vented gas fireplace, vented fireplace insert, vented stove, or vented gas log set that— (A) is not certified to the ANSI Z21.88 standard and, in the case of a vented gas fireplace, vented fireplace insert, or vented stove, is certified to the ANSI Z21.50 standard; (B) is sold without a thermostat and with a warranty provision expressly voiding all manufacturer warranties in the event the product is used with a thermostat; and (C) contains no energy efficiency representations other than P.4 efficiencies required for products sold in Canada. Decorative hearth products shall not be considered direct heating equipment for purposes of this part. A vented gas fireplace, vented fireplace insert, vented stove, or vented gas log set that is not a decorative hearth product shall be considered direct heating equipment for purposes of this part. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3761ih/xml/BILLS-113hr3761ih.xml
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113-hr-3762
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I 113th CONGRESS 1st Session H. R. 3762 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose penalties for the unauthorized disclosure of personal tax information by Federal employees.
1. Short title This Act may be cited as the Personal Tax Information Protection Act . 2. Unauthorized disclosure of personally identifiable covered information (a) Liability for Certain Acts (1) In general It shall be unlawful for any officer or employee of the United States— (A) willfully to make an unauthorized disclosure of personally identifiable covered information; or (B) to conspire to commit a violation of subparagraph (A). (2) Penalty (A) In general Any violation of paragraph (1) shall be subject to a penalty of not more than the greatest of— (i) the penalty specified in the law setting forth the offense which covers a violation of paragraph (1), or (ii) the penalty set forth in subparagraph (B). (B) Uniform penalty The penalty set forth in this subparagraph is a felony punishable upon conviction by— (i) a fine in any amount not exceeding $100,000 for each such violation and imprisonment of not more than 7 years, (ii) the costs of prosecution, and (iii) dismissal from office or discharge from employment. (C) Forfeiture of annuities and retired pay A violation of paragraph (1) shall be treated as an offense to which sections 8312 and 8432(g)(5) of title 5, United States Code, apply. (b) Definitions For purposes of this section— (1) Officer of the United States The term officer of the United States means an officer appointed pursuant to section 2104(a)(1)(C) of title 5, United States Code. (2) Employee of the United States The term employee of the United States means an employee, as defined by section 2105 of title 5, United States Code. (3) Personally identifiable covered information The term personally identifiable covered information means return, return information, and taxpayer return information (as such terms are defined in section 6103(b) of the Internal Revenue Code of 1986) unless such return, return information, and taxpayer return information is authorized to be disclosed under a provision of law. 3. Private right of action (a) In general Any person who violates section 2 of this Act or who willfully aids, abets, counsels, induces, or procures the commission of a violation of section 2 of this Act shall be liable to the person whose personally identifiable covered information was disclosed in violation of section 2 of this Act— (1) in the amount of $100,000 for each such violation, and (2) for costs of prosecution and attorney fees. (b) Jurisdiction; statute of limitations; venue; process The United States district courts shall have exclusive jurisdiction of actions brought under this section. Any such action shall be brought not later than two years after the date the cause of action arises. Any action brought under subsection (a) of this section may be brought in any judicial district wherein the defendant is found, resides, or transacts business, or in the judicial district wherein any act or transaction constituting the violation occurs. Process in such action may be served in any judicial district of which the defendant is an inhabitant or wherever the defendant may be found.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3762ih/xml/BILLS-113hr3762ih.xml
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113-hr-3763
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I 113th CONGRESS 1st Session H. R. 3763 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose penalties for the unauthorized disclosure of personal health information by Federal employees.
1. Short title This Act may be cited as the Personal Health Information Protection Act . 2. Unauthorized disclosure of personally identifiable covered information (a) Liability for Certain Acts (1) In general It shall be unlawful for any officer or employee of the United States— (A) willfully to make an unauthorized disclosure of personally identifiable covered information; or (B) to conspire to commit a violation of subparagraph (A). (2) Penalty (A) In general Any violation of paragraph (1) shall be subject to a penalty of not more than the greatest of— (i) the penalty specified in the law setting forth the offense which covers a violation of paragraph (1), or (ii) the penalty set forth in subparagraph (B). (B) Uniform penalty The penalty set forth in this subparagraph is a felony punishable upon conviction by— (i) a fine in any amount not exceeding $100,000 for each such violation and imprisonment of not more than 7 years, (ii) the costs of prosecution, and (iii) dismissal from office or discharge from employment. (C) Forfeiture of annuities and retired pay A violation of paragraph (1) shall be treated as an offense to which sections 8312 and 8432(g)(5) of title 5, United States Code, apply. (b) Definitions For purposes of this section— (1) Officer of the United States The term officer of the United States means an officer appointed pursuant to section 2104(a)(1)(C) of title 5, United States Code. (2) Employee of the United States The term employee of the United States means an employee, as defined by section 2105 of title 5, United States Code. (3) Personally identifiable covered information The term personally identifiable covered information means protected health information (as defined in section 160.103 of title 45, Code of Federal Regulations, or any successor regulation). 3. Private right of action (a) In general Any person who violates section 2 of this Act or who willfully aids, abets, counsels, induces, or procures the commission of a violation of section 2 of this Act shall be liable to the person whose personally identifiable covered information was disclosed in violation of section 2 of this Act— (1) in the amount of $100,000 for each such violation, and (2) for costs of prosecution and attorney fees. (b) Jurisdiction; statute of limitations; venue; process The United States district courts shall have exclusive jurisdiction of actions brought under this section. Any such action shall be brought not later than two years after the date the cause of action arises. Any action brought under subsection (a) of this section may be brought in any judicial district wherein the defendant is found, resides, or transacts business, or in the judicial district wherein any act or transaction constituting the violation occurs. Process in such action may be served in any judicial district of which the defendant is an inhabitant or wherever the defendant may be found.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3763ih/xml/BILLS-113hr3763ih.xml
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113-hr-3764
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I 113th CONGRESS 1st Session H. R. 3764 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose penalties for the unauthorized disclosure of personal financial information by Federal employees.
1. Short title This Act may be cited as the Personal Financial Information Protection Act . 2. Unauthorized disclosure of personally identifiable covered information (a) Liability for Certain Acts (1) In general It shall be unlawful for any officer or employee of the United States— (A) willfully to make an unauthorized disclosure of personally identifiable covered information; or (B) to conspire to commit a violation of subparagraph (A). (2) Penalty (A) In general Any violation of paragraph (1) shall be subject to a penalty of not more than the greatest of— (i) the penalty specified in the law setting forth the offense which covers a violation of paragraph (1), or (ii) the penalty set forth in subparagraph (B). (B) Uniform penalty The penalty set forth in this subparagraph is a felony punishable upon conviction by— (i) a fine in any amount not exceeding $100,000 for each such violation and imprisonment of not more than 7 years, (ii) the costs of prosecution, and (iii) dismissal from office or discharge from employment. (C) Forfeiture of annuities and retired pay A violation of paragraph (1) shall be treated as an offense to which sections 8312 and 8432(g)(5) of title 5, United States Code, apply. (b) Definitions For purposes of this section— (1) Officer of the United States The term officer of the United States means an officer appointed pursuant to section 2104(a)(1)(C) of title 5, United States Code. (2) Employee of the United States The term employee of the United States means an employee, as defined by section 2105 of title 5, United States Code. (3) Personally identifiable covered information The term personally identifiable covered information means any information contained in a financial record (as defined in section 1101 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 ), if such information contains the name, social security number, street address, telephone number, electronic mail address, or any other personally identifiable information concerning the consumer to which such financial record relates. 3. Private right of action (a) In general Any person who violates section 2 of this Act or who willfully aids, abets, counsels, induces, or procures the commission of a violation of section 2 of this Act shall be liable to the person whose personally identifiable covered information was disclosed in violation of section 2 of this Act— (1) in the amount of $100,000 for each such violation, and (2) for costs of prosecution and attorney fees. (b) Jurisdiction; statute of limitations; venue; process The United States district courts shall have exclusive jurisdiction of actions brought under this section. Any such action shall be brought not later than two years after the date the cause of action arises. Any action brought under subsection (a) of this section may be brought in any judicial district wherein the defendant is found, resides, or transacts business, or in the judicial district wherein any act or transaction constituting the violation occurs. Process in such action may be served in any judicial district of which the defendant is an inhabitant or wherever the defendant may be found.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3764ih/xml/BILLS-113hr3764ih.xml
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113-hr-3765
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I 113th CONGRESS 1st Session H. R. 3765 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Reed (for himself, Mr. Bishop of New York , Mr. King of New York , Mr. Israel , Mrs. McCarthy of New York , Mr. Meeks , Ms. Meng , Ms. Velázquez , Mr. Jeffries , Ms. Clarke of New York , Mr. Nadler , Mr. Grimm , Mrs. Carolyn B. Maloney of New York , Mr. Rangel , Mr. Crowley , Mr. Serrano , Mr. Engel , Mrs. Lowey , Mr. Sean Patrick Maloney of New York , Mr. Gibson , Mr. Tonko , Mr. Owens , Mr. Hanna , Mr. Maffei , Ms. Slaughter , Mr. Higgins , and Mr. Collins of New York ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 198 Baker Street in Corning, New York, as the Specialist Ryan P. Jayne Post Office Building .
1. Specialist Ryan P. Jayne Post Office Building (a) Designation The facility of the United States Postal Service located at 198 Baker Street in Corning, New York, shall be known and designated as the Specialist Ryan P. Jayne 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 Specialist Ryan P. Jayne Post Office Building .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3765ih/xml/BILLS-113hr3765ih.xml
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113-hr-3766
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I 113th CONGRESS 1st Session H. R. 3766 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Ros-Lehtinen (for herself and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 the Atomic Energy Act of 1954 to require congressional approval of agreements for peaceful nuclear cooperation with foreign countries, and for other purposes.
1. Requirement for congressional approval of agreements for peaceful nuclear cooperation (a) Cooperation with other nations Section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) is amended— (1) in the matter preceding subsection a., by striking No cooperation and inserting Subject to subsection f., no cooperation ; (2) in subsection a.— (A) in paragraph (3), by inserting or acquired from any other source after pursuant to such agreement each place it appears; (B) in paragraph (4)— (i) by striking or terminates or and inserting , terminates, ; and (ii) by inserting , or violates or abrogates any provision contained within such agreement after IAEA safeguards ; (C) in paragraph (6), by inserting or acquired from any other source after agreement each place it appears; (D) in paragraph (8), by striking and at the end; (E) in paragraph (9), by striking the period at the end and inserting a semicolon; and (F) by inserting after paragraph (9) the following new paragraphs: (10) a guaranty by the cooperating party that no nationals of a third country shall be permitted access to any reactor, related equipment, or sensitive materials transferred under the agreement for cooperation without the prior consent of the United States; and (11) a commitment to maintain and, in the case of a country without such a legal regime in place, a commitment to enact at the earliest possible date, and in no case later than one year after the agreement enters into force, a legal regime providing for adequate protection from civil liability that will allow for the participation of United States suppliers in any effort by the country to develop civilian nuclear power. ; (3) in the matter following paragraph (11) (as added by paragraph (2)(F) of this subsection), by striking The President may exempt a proposed agreement for cooperation and all that follows through common defense and security. ; (4) in subsection c., by striking and at the end; (5) in subsection d.— (A) in the first sentence— (i) by striking not the first and second place it appears; (ii) by inserting only after effective the first place it appears; and (iii) by striking : Provided further , and all that follows through such agreement and inserting , unless the proposed agreement includes a requirement as part of the agreement for cooperation or other legally binding document that is considered part of the agreement that no enrichment or reprocessing activities, or acquisition or construction of facilities for such activities, will occur within the territory over which the cooperating party exercises sovereignty, in which case the agreement shall become effective unless the Congress adopts, and there is enacted, a joint resolution of disapproval (1) during such 60-day period for a new agreement; or (2) during a period of 30 days of continuous session for a renewal agreement ; and (B) by striking the final period and inserting ; and ; (6) by redesignating subsection e. as subsection f.; (7) by inserting immediately after subsection d. the following new subsection: e. the cooperating party— (1) has acceded to and is fully implementing the provisions and guidelines of— (A) the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (commonly known as the Chemical Weapons Convention ); (B) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction (commonly known as the Biological Weapons Convention ); and (C) all other international agreements to which the United States is a party regarding the export of nuclear, chemical, biological, and advanced conventional weapons, including missiles and other delivery systems; (2) has established and is fully implementing an effective export control system, including fully implementing the provisions and guidelines of United Nations Security Council Resolution 1540; (3) is in full compliance with all United Nations conventions to which the United States is a party and all Security Council resolutions regarding the prevention of the proliferation of weapons of mass destruction, including— (A) the Convention on the Physical Protection of Nuclear Material; and (B) the United Nations International Convention for the Suppression of Acts of Nuclear Terrorism; (4) is not a Destination of Diversion Concern under section 303 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( Public Law 111–195 ); (5) is closely cooperating with the United States to prevent state sponsors of terrorism (the term state sponsor of terrorism means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism) from— (A) acquiring or developing chemical, biological, or nuclear weapons or related technologies; or (B) acquiring or developing destabilizing numbers and types of advanced conventional weapons, including ballistic missiles; and (6) has signed, ratified, and is fully implementing an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency. ; and (8) by adding after subsection f. (as redesignated by paragraph (6) of this subsection) the following new subsection: g. For purposes of this section— (1) the term new agreement means an agreement for cooperation with a country with respect to which the United States has not, on or after the date of the enactment of this subsection, entered into such an agreement; and (2) the term renewal agreement means an agreement for cooperation with a country with respect to which the United States has, before the date of the enactment of this subsection, entered into such an agreement. . (b) Subsequent arrangements Section 131 a.(1) of such Act (42 U.S.C. 2160 a.(1)) is amended— (1) in the second sentence, by striking security, and all that follows through publication. and inserting security. ; and (2) by inserting after the second sentence the following new sentences: Such subsequent arrangement shall become effective only if Congress enacts a joint resolution of approval according to the procedures of sections 123 d. and 130 i. of this Act. Any such nuclear proliferation assessment statement shall be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than the 31st day of continuous session after submission of the subsequent arrangement. . 2. Withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons (a) Statement of policy It is the policy of the United States to oppose the withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons (in this section referred to as the Treaty ) of any country that is a party to the Treaty and to use all political, economic, and diplomatic means at its disposal to deter, prevent, or reverse any such withdrawal from the Treaty. (b) Prohibition on certain assistance Notwithstanding any other provision of law, no assistance (other than humanitarian assistance) under any provision of law may be provided to a country that has withdrawn from the Treaty on or after the date of the enactment of this Act. (c) Return of all United States-Origin materials and equipment The United States shall seek the return of any material, equipment, or components transferred under an agreement for civil nuclear cooperation that is in force pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) on or after the date of the enactment of this Act, and any special fissionable material produced through the use of such material, equipment, or components, previously provided to a country that withdraws from the Treaty. 3. Report on comparability of nonproliferation conditions by foreign nuclear suppliers Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the extent to which each country that engages in civil nuclear exports (including power and research nuclear reactors) requires nuclear nonproliferation requirements as conditions for export comparable to those under this Act. Such report shall also— (1) detail the extent to which the exports of each such country incorporate United States-origin components, technology, or materials that require United States approval for re-export; (2) detail the civil nuclear-related trade and investments in the United States by any entity from each such country; and (3) list any United States grant, concessionary loan or loan guarantee, or any other incentive or inducement to any such country or entity related to nuclear exports or investments in the United States. 4. Initiatives and negotiations relating to agreements for peaceful nuclear cooperation Subsection f. of section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ), as redesignated pursuant to section 1(a)(6) of this Act, is amended to read as follows: f. The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section prior to the President’s announcement of such initiative or negotiations. The President shall consult with such Committees concerning such initiative or negotiations beginning not later than 15 calendar days after the initiation of any such negotiations, or the receipt or transmission of a draft agreement, whichever occurs first, and monthly thereafter until such time as the negotiations are concluded. At such monthly intervals the President shall also provide such Committees with the current working drafts and proposed text put forward for negotiation by the parties for inclusion in such agreement. . 5. Conduct resulting in termination of nuclear exports Paragraph (2) of section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2158 a.) is amended— (1) in subparagraph (C), by inserting or after the semicolon; and (2) by inserting after subparagraph (C) the following new subparagraph: (D) been determined to be a country of proliferation concern under section 1055(g)(2) of the National Defense Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 2371(g)(2) ); . 6. Congressional review procedures Section 130 i.(1) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2159 ) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: (B) for an agreement for cooperation pursuant to section 123 of this Act, a joint resolution, the matter after the resolving clause of which— (i) is as follows: That the Congress does favor the proposed agreement for cooperation transmitted to the Congress by the President on __________. ; and (ii) includes, immediately after the language specified in clause (i), any other provisions to accompany such proposed agreement for cooperation. . 7. Requirement of liability protection for United States nuclear suppliers The Atomic Energy Act of 1954 is amended by inserting after section 134 ( 42 U.S.C. 2160d ) the following new section: 135. Requirement of liability protection for United States nuclear suppliers The President may not issue a license for the export of nuclear material, facilities, components, or other goods, services, or technology to a country pursuant to an agreement that has entered into force after the date of the enactment of this section unless the President determines that such country has liability protection for United States nuclear suppliers that is equivalent to the liability protection specified under the Convention on Supplementary Compensation for Nuclear Damage. . 8. Prohibition on assistance to state sponsors of proliferation of weapons of mass destruction (a) Prohibition on assistance The United States shall not provide any assistance under Public Law 87–195 , Public Law 90–629 , the Food for Peace Act, the Peace Corps Act, or the Export-Import Bank Act of 1945 to any country if the Secretary of State determines that the government of the country has repeatedly provided support for acts of proliferation of equipment, technology, or materials to support the design, acquisition, manufacture, or use of weapons of mass destruction or the acquisition or development of ballistic missiles to carry such weapons. (b) Publication of determinations Each determination of the Secretary of State under subsection (a) shall be published in the Federal Register. (c) Rescission A determination of the Secretary of State under subsection (a) may not be rescinded unless the Secretary submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate— (1) before the proposed rescission would take effect, a report certifying that— (A) there has been a fundamental change in the leadership and policies of the government of the country concerned; (B) the government is not supporting acts of proliferation of equipment, technology, or materials to support the design, acquisition, manufacture, or use of weapons of mass destruction or the acquisition or development of ballistic missiles to carry such weapons; and (C) the government has provided assurances that it will not support such acts in the future; or (2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that— (A) the government of the country concerned has not provided any support for acts of proliferation of equipment, technology, or materials to support the design, acquisition, manufacture, or use of weapons of mass destruction or the acquisition or development of ballistic missiles to carry such weapons during the preceding 24-month period; and (B) the government has provided assurances that it will not support such acts of proliferation in the future. (d) Waiver The President may waive the requirements of subsection (a) on a case-by-case basis if— (1) the President determines that national security interests or humanitarian reasons justify a waiver of such requirements, except that humanitarian reasons may not be used to justify the waiver of such requirements to provide security assistance under Public Law 87–195 , Public Law 90–629 , or the Export-Import Bank Act of 1945; and (2) at least 15 days before the waiver takes effect, the President consults with the congressional committees specified in subsection (c) regarding the proposed waiver and submits to the appropriate congressional committees a report containing— (A) the name of the recipient country; (B) a description of the national security interests or humanitarian reasons that require the waiver; (C) the type and amount of and the justification for the assistance to be provided pursuant to the waiver; and (D) the period of time during which such waiver will be effective. 9. Additional protocol as a criterion for United States assistance (a) Statement of policy It is the policy of the United States to ensure that each country that is a party to the Treaty on the Non-Proliferation of Nuclear Weapons should bring into force an Additional Protocol to its safeguards agreement with the IAEA. (b) Criterion for assistance The United States shall, when considering the provision of assistance under Public Law 87–195 or Public Law 90–629 to a country that is a party to the Treaty on the Nonproliferation of Nuclear Weapons, take into consideration whether the proposed recipient has in force an Additional Protocol to its safeguards agreement with the IAEA. 10. Sense of Congress It is the sense of Congress that the President should ensure that participation in international nuclear programs conducted by the United States is limited to the greatest extent practicable to governmental and nongovernmental participants from countries that have adopted nonproliferation provisions in their nuclear cooperation and nuclear export control policies comparable to the policies specified in section 123 of the Atomic Energy Act ( 42 U.S.C. 2153 ), as amended by this Act.
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113-hr-3767
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I 113th CONGRESS 1st Session H. R. 3767 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Ryan of Ohio (for himself, Mr. Turner , Ms. Tsongas , Ms. Granger , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend Article 32 of the Uniform Code of Military Justice to provide victims of sexual assault rape shield protections and the right to representation by a Special Victims’ Counsel.
1. Short title This Act may be cited as the Shield Act . 2. Appearance of Special Victims’ Counsel on behalf of a sexual assault victim at an Article 32 investigation and prohibition on admission of certain evidence Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (b) the following new subsections: (c) (1) At the investigation, a Special Victims’ Counsel may speak on behalf of the victim of an offense described in paragraph (2), when the victim has a right to be heard. A victim has a right to be heard when specified in the Manual for Courts Martial, but, at a minimum, the victim has a right to be heard regarding the privilege described in subsection (d). (2) In this subsection, the term Special Victims’ Counsel means an attorney who has formed an attorney-client relationship with an alleged victim of an offense covered by section 920 or 925 of this title (article 120 or 125) or of an attempt to commit such an offense, as punishable under section 880 of this title (article 80). (d) An alleged victim of an offense described in subsection (c)(2) may not be questioned about any sexual behavior on the part of the alleged victim that is not directly related to the charge or specification being investigated under this section (article). No evidence may be admitted at the investigation for the purpose of proving or showing a sexual predisposition on the part of the alleged victim. .
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113-hr-3768
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I 113th CONGRESS 1st Session H. R. 3768 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Sires (for himself and Mr. Salmon ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 the Immigration and Nationality Act to encourage Canadian tourism to the United States.
1. Short title This Act may be cited as the Promoting Tourism to Enhance our Economy Act of 2013 . 2. Encouraging Canadian tourism to the United States Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Canadian retirees (1) In general The Secretary of Homeland Security may admit as a visitor for pleasure as described in section 101(a)(15)(B) any alien for a period not to exceed 240 days, if the alien demonstrates, to the satisfaction of the Secretary, that the alien— (A) is a citizen of Canada; (B) is at least 55 years of age; (C) maintains a residence in Canada; (D) owns a residence in the United States or has signed a rental agreement for accommodations in the United States for the duration of the alien’s stay in the United States; (E) is not inadmissible under section 212; (F) is not described in any ground of deportability under section 237; (G) will not engage in employment or labor for hire in the United States; and (H) will not seek any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ). (2) Spouse The spouse of an alien described in paragraph (1) may be admitted under the same terms as the principal alien if the spouse satisfies the requirements of paragraph (1), other than subparagraphs (B) and (D). (3) Immigrant intent In determining eligibility for admission under this subsection, maintenance of a residence in the United States shall not be considered evidence of intent by the alien to abandon the alien’s residence in Canada. (4) Period of admission During any single 365-day period, an alien may be admitted as described in section 101(a)(15)(B) pursuant to this subsection for a period not to exceed 240 days, beginning on the date of admission. Periods of time spent outside the United States during such 240-day period shall not toll the expiration of such 240-day period. (5) Non-resident alien tax status An alien admitted pursuant to this subsection shall be treated as a nonresident alien for purposes the Internal Revenue Code of 1986 (other than subtitle B thereof). .
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113-hr-3769
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I 113th CONGRESS 1st Session H. R. 3769 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Smith of Nebraska (for himself and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend the nonenforcement instruction for the Medicare direct supervision requirement for therapeutic hospital outpatient services insofar as it applies to critical access hospitals and rural hospitals, to require a study of the impact on critical access hospitals and rural hospitals of a failure to extend such instruction, and for other purposes.
1. Extension of nonenforcement instruction for the Medicare direct supervision requirement for therapeutic hospital outpatient services for critical access hospitals and rural hospitals; study of impact of failure to extend such instruction (a) Extension of therapy supervision nonenforcement instruction The Secretary of Health and Human Services shall, during the extension period, extend the therapy supervision nonenforcement instruction. (b) Definitions In this section: (1) Therapy supervision nonenforcement instruction The term therapy supervision nonenforcement instruction means the enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals, as extended for calendar year 2013 by the Centers for Medicare & Medicaid Services (released as of November 1, 2012). (2) Critical access hospital; small rural hospital The terms critical access hospital and small rural hospital have the meanings given such terms for purposes of the therapy supervision nonenforcement instruction. (3) Extension period The term extension period means calendar year 2014, and includes a subsequent calendar year unless the report under subsection (c)(2) has been submitted at least 90 days before the end of the previous calendar year. (c) Study and report on impact of failure To extend therapy supervision nonenforcement instruction (1) Study The Secretary of Health and Human Services shall conduct a study on the impact (including the economic impact and the impact upon hospital staffing needs, if any) on critical access hospitals and small rural hospitals of not extending the therapy supervision nonenforcement instruction. (2) Report The Secretary of Health and Human Services shall submit to Congress a report on the findings of the study conducted under paragraph (1), including recommendations regarding on whether the therapy supervision nonenforcement instruction should be extended or made permanent.
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113-hr-3770
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I 113th CONGRESS 1st Session H. R. 3770 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Stivers (for himself, Mr. Walz , Mr. Gary G. Miller of California , Mr. Royce , and Mrs. Bachmann ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require Senate confirmation of Inspector General of the Bureau of Consumer Financial Protection, and for other purposes.
1. Short title This Act may be cited as the Bureau of Consumer Financial Protection-Inspector General Reform Act of 2013 , or the CFPB-IG Act of 2013 . 2. Appointment of Inspector General The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)(2), by striking and the Bureau of Consumer Financial Protection ; (B) in subsection (c), by striking For purposes of implementing this section and all that follows through the end of the subsection; and (C) in subsection (g)(3), by striking and the Bureau of Consumer Financial Protection ; and (2) in section 12— (A) in paragraph (1), by inserting the Director of the Bureau of Consumer Financial Protection; after the President of the Export-Import Bank; ; and (B) in paragraph (2), by inserting the Bureau of Consumer Financial Protection, after the Export-Import Bank, . 3. Requirements for the Inspector General for the Bureau of Consumer Financial Protection (a) Establishment Section 1011 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5491 ) is amended— (1) in subsection (b)— (A) in the subsection heading, by striking and Deputy Director and inserting , Deputy Director, and Inspector General ; and (B) by inserting after paragraph (5) the following: (6) Inspector General There is established the position of the Inspector General. ; and (2) in subsection (d), by striking or Deputy Director each place it appears and inserting , Deputy Director, or Inspector General . (b) Hearings Section 1016 of such Act is amended by inserting after subsection (c) the following: (d) Additional Requirement for Inspector General On a separate occasion from that described in subsection (a), the Inspector General of the Bureau shall appear, upon invitation, before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services and the Committee on Energy and Commerce of the House of Representatives at semi-annual hearings regarding the reports required under subsection (b) and the reports required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). . (c) Funding for Office of Inspector General Section 1017(a)(2) of such Act is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: (C) Funding for Office of Inspector General Each fiscal year, the Bureau shall dedicate 2 percent of the funds transferred pursuant to paragraph (1) to the Office of the Inspector General. . (d) Participation in the Council of Inspectors General on Financial Oversight Section 989E(a)(1) of such Act is amended by adding at the end the following: (J) The Bureau of Consumer Financial Protection. . (e) Deadline for appointment Not later than 60 days after the date of the enactment of this Act, the President shall appoint an Inspector General for the Bureau of Consumer Financial Protection in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.). 4. Effective date The amendments made by this Act shall take effect 60 days after the date of the enactment of this Act. 5. Transition period The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall serve in that position until the confirmation of an Inspector General for the Bureau of Consumer Financial Protection. At that time, the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall become the Inspector General of the Board of Governors of the Federal Reserve System.
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113-hr-3771
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I 113th CONGRESS 1st Session H. R. 3771 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Swalwell of California (for himself, Mr. Thompson of California , Mr. Issa , Mr. Heck of Nevada , Mr. Honda , Mr. Franks of Arizona , Ms. Speier , Mr. Scott of Virginia , Ms. Chu , Ms. Bordallo , Mr. Al Green of Texas , Ms. Hanabusa , and Mr. Vargas ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 accelerate the income tax benefits for charitable cash contributions for the relief of victims of the Typhoon Haiyan in the Philippines.
1. Short title This Act may be cited as the Philippines Charitable Giving Assistance Act . 2. Acceleration of income tax benefits for charitable cash contributions for relief of victims of Typhoon Haiyan in the Philippines (a) In general For purposes of section 170 of the Internal Revenue Code of 1986, a taxpayer may treat any contribution described in subsection (b) made after January 1, 2014, and before March 1, 2014, as if such contribution was made on December 31, 2013, and not in 2014. (b) Contribution described A contribution is described in this subsection if such contribution is a cash contribution made for the relief of victims in the Republic of the Philippines affected by Typhoon Haiyan, for which a charitable contribution deduction is allowable under section 170 of the Internal Revenue Code of 1986. (c) Recordkeeping In the case of a contribution described in subsection (b), a telephone bill showing the name of the donee organization, the date of the contribution, and the amount of the contribution shall be treated as meeting the recordkeeping requirements of section 170(f)(17) of the Internal Revenue Code of 1986. (d) Paygo All applicable provisions in this section are designated as an emergency for purposes of pay-as-you-go principles.
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113-hr-3772
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I 113th CONGRESS 1st Session H. R. 3772 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Welch introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase to $500 the residential energy property expenditures limitation with respect to heat pumps for purposes of the credit for nonbusiness energy property.
1. Short title This Act may be cited as the Home Heating and Cooling Efficiently Act . 2. Increase in limitation with respect to fuel pumps for nonbusiness energy property credit (a) In general Subparagraph (C) of section 25C(b)(3) of the Internal Revenue Code of 1986 is amended by inserting (other than an electric heat pump described in subparagraph (A) or (B) of subsection (d)(3)) before the period at the end. (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
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113-hr-3773
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I 113th CONGRESS 1st Session H. R. 3773 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the emergency unemployment compensation program until January 1, 2015.
1. Short title This Act may be cited as the Unemployment Benefits Extension Act of 2013 or the Unemployed Jobhunters Protection and Assistance Act of 2013 . 2. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendment made by section 2(a) of the Unemployment Benefits Extension Act of 2013 ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 3. Sense of Congress It is the sense of Congress that the House of Representatives and the Senate should reconvene on or before December 18, 2013, to take appropriate action to enact this legislation.
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113-hr-3774
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I 113th CONGRESS 1st Session H. R. 3774 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Ms. Lee of California (for herself, Mr. Moran , Ms. Moore , Ms. Schakowsky , Mrs. Capps , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title V of the Social Security Act to eliminate the abstinence-only education program, and for other purposes.
1. Short title This Act may be cited as the Repealing Ineffective and Incomplete Abstinence-Only Program Funding Act of 2013 . 2. Findings Congress makes the following findings: (1) The United States has the highest rate of teen pregnancy among its peers in the developed world. In 2012, 3,952,937 babies were born to teenagers aged 15 to 19 years. From 2007 to 2011, the birth rates among African-American and Hispanic teens were more than two times higher than the rate for White teens. From 2011 to 2012, both the number of births and the fertility rate for Asian or Pacific Islander women rose, by 7 percent and 4 percent, respectively. (2) While young people in the United States ages 15 to 24 make up only 25 percent of the sexually active population, they acquire about 50 percent of the 19,700,000 new sexually transmitted infections (STIs) every year. The Centers for Disease Control and Prevention (CDC) reported that the rate of chlamydia diagnoses among persons ages 15–24 in 2011 was four times higher than the general population. According to the CDC, young people ages 13 to 24 account for 25 percent of the estimated 50,000 new HIV infections each year; every month 1,000 teenagers or young adults are infected with HIV. African-American adolescents ages 13 to 19 years are disproportionately affected by HIV, accounting for only 15 percent of the adolescent population, but comprising 67 percent of the estimated HIV diagnoses in 2011. Since 2008, new HIV cases specifically among young Black men who have sex with men (MSM) ages 13 to 24 have increased by 20 percent. (3) Abstinence-only-until-marriage programs have been discredited by a wide body of evidence, including most notably in a congressionally mandated study in 2007 which found these programs ineffective in stopping or delaying teen sex, reducing the number of reported sexual partners, reducing reported rates of pregnancy or sexually transmitted infections, or otherwise beneficially impacting young people’s sexual behavior. The Institute of Medicine of the National Academy of Sciences recommends the termination of such programs because they represent poor fiscal and public health policy. (4) Programs funded through title V, section 510 of the Social Security Act are required to adhere to a stigmatizing, shaming, and stereotyping eight-point definition of “abstinence education.” This definition promotes marriage as the only acceptable family structure; ostracizes lesbian, gay, bisexual, and transgender (LGBT) youth; stigmatizes youth who have been sexually abused; and denies information to sexually active youth. (5) Over 100 leading medical and public health professional groups, including the American Medical Association, the American Academy of Pediatrics, the Society of Adolescent Health and Medicine, the American College of Obstetricians and Gynecologists, the American Nurses Association, the American Public Health Association, and the American Psychological Association, oppose an abstinence-only-until-marriage approach as antithetical to the principles of science. These organizations all stress the need for sexuality education that includes messages about abstinence and also provide young people with information about contraception for the prevention of teen pregnancy, HIV/AIDS, and other STIs. Additionally, every United States Surgeon General from Dr. Koop to Dr. Carmona has supported comprehensive sex education. CDC includes teen pregnancy prevention as one of its top six priorities, a “winnable battle” in public health, noting needed support for evidence-based prevention programs. (6) Since 1982, the United States has spent over $1,750,000,000 in Federal funding on abstinence-only-until-marriage programs that fail to teach teens how to prevent unintended pregnancy or STIs, including HIV. Particularly as the Nation continues recovery efforts from the worst economic disaster since the Great Depression, government funding should only support evidence-informed programs. (7) According to the results of a 2005–2006 nationally representative survey of United States adults published in the Archives of Pediatric & Adolescent Medicine, more than 8 in 10 (82 percent) of those polled, regardless of political ideology, support comprehensive sex education that is medically accurate and age-appropriate and includes information about both abstinence and contraception for protection against unintended pregnancy and STIs, including HIV. (8) There is strong evidence that more comprehensive approaches to sex education help young people both to withstand the pressures to have sex too soon and to have healthy, responsible, and mutually protective relationships when they do become sexually active. More comprehensive sex education has been found to be effective in delaying sexual intercourse, increasing contraceptive use, and reducing the number of partners among teens. (9) Strong evidence indicates that sex education programs that promote both abstinence and the use of contraception does not increase sexual behavior. Studies show that when teens are educated about and have access to contraception, levels of contraception use at first intercourse increase while levels of sex stay the same. (10) Teens who receive sex education that includes both abstinence and contraception are more likely than those who receive abstinence-only-until-marriage messages to delay sexual activity and use contraception when they do become sexually active. Research from the United States shows that teens who practice contraception consistently in their first sexual relationship are more likely to continue doing so than those who use no method or who use a method inconsistently. (11) The Personal Responsibility Education Program (PREP) funds programs that are required to provide medically accurate information on both abstinence and contraception for the prevention of pregnancy and STIs, including HIV/AIDS, with a substantial emphasis on both abstinence and contraceptive use. Programs must also address adulthood preparation topics such as healthy relationships, adolescent development, financial literacy, educational and career success, and healthy life skills. Funded programs are required to be evidence-based or replicate elements of evidence-based programs that have been proven on the basis of rigorous scientific research to change behavior. 3. Elimination of abstinence-only education program (a) In general Title V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by striking section 510. (b) Rescission Amounts appropriated for fiscal year 2014 under section 510(d) of the Social Security Act ( 42 U.S.C. 710(d) ) (as in effect on the day before the date of enactment of this Act) that are unobligated as of the date of enactment of this Act are rescinded. 4. Reprogramming of abstinence-only education program Section 513(f) of the Social Security Act ( 42 U.S.C. 713(f) ) is amended by striking for each of fiscal years 2010 through 2014 and inserting for fiscal year 2014, increased by an amount equal to the unobligated portion of funds appropriated for fiscal year 2014 under section 510(d) that are rescinded under subsection (b) .
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113-hr-3775
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I 113th CONGRESS 1st Session H. R. 3775 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Barr introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles 10 and 38, United States Code, to improve the treatment of members of the Armed Forces and veterans who are victims of military sexual assault.
1. Short title This Act may be cited as the Military Sexual Assault Victims Empowerment Act or the Military SAVE Act . 2. Improvement of treatment for military sexual assault (a) Veterans (1) In general Chapter 17 of title 38, United States Code, is amended by inserting after section 1720D the following new section: 1720D–1. Counseling and treatment for sexual trauma at non-Department facilities (a) Establishment Notwithstanding section 1703 of this title, and in addition to the program under section 1720D, the Secretary shall operate a program under which the Secretary ensures that veterans who are victims of military sexual trauma may receive treatment for such trauma from private providers. (b) Election A veteran may elect to receive treatment under this section by notifying the Secretary of such election at a facility or regional office of the Department. Such notification shall include a written affidavit by the veteran, made under penalty of perjury under section 1746 of title 28, stating that the veteran is a victim of military sexual trauma. (c) Voucher (1) Upon receiving a notification under subsection (b), the Secretary shall issue the veteran a voucher described in paragraph (3). (2) A veteran to whom a voucher is issued under paragraph (1) may use the voucher to receive treatment by a private provider who agrees to accept such voucher as payment for such treatment. Any amount charged by the private provider for such treatment that is in addition to the amount paid by the voucher shall be the sole responsibility of the veteran. (3) A voucher described in this paragraph is a voucher indicating that the Secretary will reimburse a private provider for treatment provided by the provider to a veteran under this section. (4) The amount for which the Secretary will reimburse a private provider pursuant to a voucher described in paragraph (3) is equal to the amount that the Secretary pays to a non-Department facility under section 1703 of this title for the same treatment for which the voucher is used. (5) The Secretary shall require that a veteran make a reelection under subsection (b) during each 120-day period in which the voucher is used following the initial 120-day period in which the voucher is valid. (d) Consultation The Secretary shall consult with the Secretary of Defense to ensure that this section is carried out in a manner that allows veterans to receive similar treatment as is provided to members of the Armed Forces under section 1074n of title 10. (e) Definitions In this section: (1) The term military sexual trauma means an injury, illness, disability, or psychological trauma that directly resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training. (2) The term private provider means a non-Department facility or licensed health care professional, regardless of whether the facility or professional is entered into a contract pursuant to section 1703 of this title. (3) The term sexual harassment has the meaning given that term in section 1720D of this title. (4) The term treatment means treatment, counseling, and appropriate other care and services to overcome military sexual trauma. . (2) Conforming amendments Section 1720D(a) of such title is amended— (A) by striking (1) The Secretary and inserting The Secretary ; (B) by striking paragraph (2); and (C) in the section heading, by adding at Department facilities after trauma . (3) Clerical amendments The table of sections at the beginning of such chapter is amended by striking the item relating to section 1720D and inserting the following new items: 1720D. Counseling and treatment for sexual trauma at Department facilities. 1720D–1. Counseling and treatment for sexual trauma at non-Department facilities. . (b) Members of the Armed Forces (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section: 1074n. Counseling and treatment for sexual trauma at private facilities (a) Establishment The Secretary shall operate a program under which the Secretary ensures that members of the armed forces who are victims of military sexual trauma may receive treatment for such trauma by private providers. (b) Election A member may elect to receive treatment under this section by notifying the Secretary of such election. Such notification shall include a written affidavit by the member, made under penalty of perjury under section 1746 of title 28, stating that the member is a victim of military sexual trauma. (c) Voucher (1) Upon receiving a notification under subsection (b), the Secretary shall issue the member a voucher described in paragraph (3). (2) A member to whom a voucher is issued under paragraph (1) may use the voucher to receive treatment by a private provider who agrees to accept such voucher as payment for such treatment. Any amount charged by the private provider for such treatment that is in addition to the amount paid by the voucher shall be the sole responsibility of the member. (3) A voucher described in this paragraph is a voucher indicating that the Secretary will reimburse a private provider for treatment provided by the provider to a member under this section. (4) The amount for which the Secretary will reimburse a private provider pursuant to a voucher described in paragraph (3) is equal to the amount that the Secretary pays to a private provider under the TRICARE program for the same treatment for which the voucher is used. (5) The Secretary shall require that a veteran make a reelection under subsection (b) during each 120-day period in which the voucher is used following the initial 120-day period in which the voucher is valid. (d) Consultation The Secretary shall consult with the Secretary of Veterans Affairs to ensure that this section is carried out in a manner that allows members to receive similar treatment as is provided to veterans under section 1720D–1 of title 38. (e) Definitions In this section: (1) The term military sexual trauma means an injury, illness, disability, or psychological trauma that directly resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the member was serving on active duty or active duty for training. (2) The term private provider means a private facility or licensed health care professional, regardless of whether the facility or professional is entered into a contract under this chapter to provide treatment under the TRICARE program. (3) The term sexual harassment has the meaning given that term in section 1720D of title 38. (4) The term treatment means treatment, counseling, and appropriate other care and services to overcome military sexual trauma. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074m the following new item: 1074n. Counseling and treatment for sexual trauma at private facilities. .
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113-hr-3776
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I 113th CONGRESS 1st Session H. R. 3776 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Boustany (for himself, Mr. Kind , Mr. Bucshon , and Mr. Veasey ) 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 create alternative sanctions for technical noncompliance with the Stark rule under Medicare, and for other purposes.
1. Short title This Act may be cited as the Stark Administrative Simplification Act . 2. Alternative sanctions for technical noncompliance with Stark rule under Medicare Section 1877(g) of the Social Security Act ( 42 U.S.C. 1395nn(g) ) is amended— (1) in paragraph (1), by striking No and inserting Subject to paragraph (7), no ; (2) in paragraph (2), by striking If and inserting Subject to paragraph (7), if ; (3) in paragraph (3), by striking Any and inserting Subject to paragraph (7), any ; and (4) by adding at the end the following new paragraph: (7) Alternative sanctions for technical noncompliance (A) Single penalty for compensation arrangements in technical noncompliance In the case of a compensation arrangement between a physician (or an immediate family member of such physician) and a person or entity that is in violation of subsection (a)(1) solely due to technical noncompliance, instead of the sanctions described in paragraphs (1), (2), and (3) for any such violation, the person or entity with respect to such arrangement shall be subject to a single civil monetary penalty under this paragraph in an amount that does not exceed— (i) in the case where the disclosure of the violation is submitted to the Secretary not later than the date that is one year after the initial date of noncompliance, $5,000; and (ii) in the case where the disclosure of the violation is submitted to the Secretary after the date that is one year after the initial date of noncompliance, $10,000. (B) Acceptance of voluntary disclosures (i) In general Effective on the date of the enactment of this paragraph, the Secretary shall accept the voluntary disclosure of a technically noncompliant compensation arrangement if such voluntary disclosure is made as described in clause (iii). The Secretary may accept and reasonably rely on information provided by a person or entity that is in violation of subsection (a)(1) only because of a compensation arrangement that is technically noncompliant. (ii) Acceptance of disclosure The Secretary may reject any voluntary disclosure submitted under clause (iii) within 90 days after the receipt of the disclosure only if the Secretary determines that the disclosure does not conform to the requirements described in clause (iii). If the Secretary fails to reject a voluntary disclosure within such 90-day period, the voluntary disclosure is deemed to be accepted. (iii) Voluntary disclosure A voluntary disclosure described in this clause, with respect to a compensation arrangement, is a disclosure submitted to the Secretary, by a party to such arrangement that contains the following: (I) The identification of the disclosing party and all other parties to the disclosed compensation arrangement. (II) A description of the compensation paid under the arrangement and the dates of noncompliance. (III) A certification by the disclosing party that the compensation arrangement— (aa) is technically noncompliant (as defined by subparagraph (C)); (bb) has been cured of the technical noncompliance, or is otherwise terminated; and (cc) is, in the case of technical noncompliance under subparagraph (C)(i), a valid contract under State law, an arrangement consistent with fair market value, and one in which remuneration under the arrangement is not determined in a manner that takes into account directly or indirectly the volume or value of any referrals. (IV) Payment for the full amount of the civil monetary penalty under clause (i) or (ii), as applicable, of subparagraph (A). (C) Definition technical noncompliance For purposes of this paragraph, the term technical noncompliance means an arrangement that is in violation of subsection (a)(1) only because— (i) the arrangement is not set forth in writing; (ii) the arrangement is not signed by 1 or more parties to the arrangement; or (iii) a prior arrangement expired and services continued without the execution of an amendment to such arrangement or a new arrangement. (D) Applicability to pre-enactment disclosures to relieve backlog The Secretary shall provide for the application of this paragraph to any technically noncompliant compensation arrangement that has been disclosed, and to which there has not been a final settlement as of the date of enactment of this paragraph. (E) Report Not later than 24 months after the date of enactment of this paragraph, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the implementation of this paragraph. Such report shall include— (i) the number of persons or entities making disclosures of technical noncompliance under this paragraph; (ii) the amount and type of alternative sanctions collected or imposed for technical noncompliance; (iii) the types of violations disclosed; and (iv) such other information as the Inspector General determines may be necessary to evaluate the impact of this paragraph. .
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113-hr-3777
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I 113th CONGRESS 1st Session H. R. 3777 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Daines 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 disregard students as employees for purposes of determining employer health care shared responsibility.
1. Short title This Act may be cited as the Protecting Jobs for Students Act . 2. Students disregarded as employees for purposes of determining employer shared responsibility (a) In general Subsection (c) of section 4980H of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting after paragraph (4) the following new paragraph: (5) Exception for students The number of employees employed by an employer for any period shall be determined without regard to any individual who, during such period— (A) is a student enrolled at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965), and (B) (i) is participating in an activity under a Federal work-study program under part C of title IV of the Higher Education Act of 1965, (ii) is employed as a condition of such enrollment, of such individual’s degree program, or of receiving a scholarship or tuition reduction with respect to such enrollment, (iii) is receiving credit towards a degree at such institution with respect to employment by such employer, or (iv) is employed by such institution (other than employment described in clause (i), (ii), or (iii)) and is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing. . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013.
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113-hr-3778
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I 113th CONGRESS 1st Session H. R. 3778 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mrs. Davis of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to award grants to States to pay the Federal share of carrying out full-day prekindergarten programs.
1. Short title (a) Short title This Act may be cited as the Expanded Access to Real Learning for our Young Act or the EARLY Act . 2. Universal prekindergarten and early childhood education grant program (a) Program authorization From amounts appropriated under subsection (g), the Secretary of Education is authorized to award grants, on a competitive basis, to States to pay the Federal share of carrying out full-day prekindergarten programs. (b) State application To receive a grant under this Act, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds A State that receives a grant under this Act shall use such grant funds to carry out a prekindergarten program that, at a minimum— (1) if practicable, is located at a public school in the State or, if not practicable, is carried out by a private or other community-provider; (2) permits each 4-year-old child in the State to be voluntarily enrolled by the child’s parent in the prekindergarten program, and which is made available at no cost to families who make a combined income of up to 400 percent of the poverty line; (3) is a full-day program that runs the length of the regular school year; (4) maintains a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; (5) ensures that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1; (6) is taught by teachers who are paid a salary comparable to teachers of kindergarten through grade 12 at public schools in the State; (7) requires the State in which the program is located to determinate a minimum level of parental engagement in their child’s program; and (8) meets any other criteria that the Secretary may require. (d) Priority In awarding grants under this section, the Secretary shall give priority to States that will use the grants to carry out a prekindergarten program at a public school. (e) Federal share The Federal share of a grant under this Act shall not exceed 75 percent of the costs of carrying out the activities described in subsection (c). (f) Supplement not supplant Grant funds received under this Act shall be used to supplement and not supplant other Federal early childhood education funds in the State. (g) Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2015 through 2019. (h) Definitions In this Act: (1) ESEA terms The terms elementary school , parent , poverty line , secondary school , and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 9101 ). (2) Public school The term public school means a public elementary school or public secondary school. (3) Secretary The term Secretary means the Secretary of Education.
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113-hr-3779
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I 113th CONGRESS 1st Session H. R. 3779 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Himes (for himself and Mr. Schiff ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To require the Director of National Intelligence to annually submit reports on violations of law or executive order by personnel of the intelligence community, and for other purposes.
1. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following: 509. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report required under subsection (a) shall include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order 12333 ( 50 U.S.C. 3001 note)) by personnel of an element of the intelligence community in the course of such employment that, during the previous calendar year, was determined by the director, head, general counsel, or inspector general of any element of the intelligence community to have occurred or more than likely to have occurred. . (b) Initial report The first report required under section 509 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Clerical amendment The table of sections in the first section of the National Security Act of 1947 is amended by adding after the section relating to section 508 the following: Sec. 509. Annual report on violations of law or executive order. .
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113-hr-3780
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I 113th CONGRESS 1st Session H. R. 3780 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Holt (for himself, Mr. DeFazio , and Mr. Lowenthal ) introduced the following bill; which was referred to the Committee on Natural Resources , 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 amend the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to establish an Ocean Energy Safety Institute, to promote the use of best available and safest offshore drilling technologies, and for other purposes.
1. Short title This Act may be cited as the Ocean Energy Safety and Technology Improvement Act of 2013 . 2. Priority in permitting for new safety-enhancing technologies (a) Exploration plans and permits Section 11 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1340 ) is amended by adding at the end the following: (g) In considering exploration plans and applications for permits and other authorizations required under this section, the Secretary may give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies. . (b) Development and production plans and permits Section 25 of such Act ( 43 U.S.C. 1351 ) is amended by adding at the end the following: (m) In considering exploration plans and applications for permits and other authorizations required under this section, the Secretary may give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies. . 3. Establishment of a small business program The Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is amended by adding at the end the following: 31. Establishment of small business program (a) In general The Secretary shall establish a small business innovation research program or small business technology transfer program, or both, in accordance with this section to broaden participation by smaller industry participants in the development of safer technologies for offshore oil and gas exploration and development. (b) Definitions In this section each of the terms small business innovation research program and small business technology transfer program has the meaning given such term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ), as in effect on the date of the enactment of the Ocean Energy Safety and Technology Improvement Act of 2013 . . 4. Ocean Energy Safety Institute (a) In general The Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is further amended by adding at the end the following: 32. Ocean energy safety institute (a) Establishment (1) In general The Secretary shall establish an independent Ocean Energy Safety Institute (in this section referred to as the Institute ) to enhance safe and responsible operations across the offshore oil and gas industry. (2) Form The Secretary may establish the Institute as— (A) a federally funded research and development center through an agreement in accordance with Federal Acquisition Regulation 35.017–1; or (B) a university-affiliated research center managed by an institution of higher education. (3) Collaboration The Secretary shall ensure that the Institute is a collaborative initiative involving government, academia, and scientific experts. (b) Functions The Institute shall— (1) develop a program of research, technical assistance, and education that serves as a center of expertise in oil and gas exploration, development, and production technology; (2) provide a forum for dialogue, shared learning, and cooperative research among academia, government, industry, and other nongovernmental organizations, in offshore energy-related technologies and activities that ensure safe and environmentally responsible offshore oil and gas exploration, development, and production operations; (3) serve as a technical center that captures and preserves knowledge and experience to improve such operations; (4) provide recommendations and technical assistance to the Secretary related to the determination of best available and safest technology and environmentally sound offshore oil and gas development practices; (5) evaluate design, test protocols, and test results on behalf of the Secretary to certify new best available and safest technologies for such operations that have health, safety, or environment ramifications; (6) facilitate training of Federal workers on identification and verification of best available and safest technology, and implementation of operational improvements, in the areas of offshore drilling safety and environmental protection, blowout containment, and oil spill response; (7) develop and maintain a domestic and international equipment failure reporting system and database of critical offshore oil and gas operations equipment failures related to well control; (8) provide recommendations and technical assistance related to geological and geophysical sciences relevant to understanding the technical challenges of offshore oil and gas operations; and (9) provide knowledgeable independent assessments concerning technology maturity, suitability, and cost. (c) Funding (1) Fee The Secretary shall issue regulations to establish an annual nonproducing lease fee with respect to areas of the outer Continental Shelf that are subject to a lease under this Act for production of oil or natural gas under which production is not occurring. (2) Application Such fee shall apply with respect to land that is subject to such a lease that is in effect on the date final regulations are promulgated under this subsection or that is issued thereafter. (3) Amount The amount of the fee shall be $1 for each acre of such land from which oil or natural gas is produced for less than 90 days in a calendar year. (4) Assessment and collection The Secretary shall assess and collect the fee established under this subsection. (5) Use Amounts received by the United States as the fee under this subsection may be used by the Secretary for operations of the Institute. (6) Preventing evasion The Secretary may include in the regulations provisions to prevent evasion of the fee. (d) Reporting and meetings The Institute shall provide a report to the Secretary on all Institute activities on a quarterly basis, and conduct an in-person meeting with the Secretary or the Secretary’s designees at least once each year. . (b) Deadline for fee regulations The Secretary of the Interior shall issue regulations establishing the fee under the amendment made by subsection (a) within 180 days after the date of enactment of this Act.
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113-hr-3781
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I 113th CONGRESS 1st Session H. R. 3781 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Lowenthal 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 small employers a credit against income tax for hiring individuals receiving unemployment compensation.
1. Short title This Act may be cited as the American Unemployed Worker Investment Act of 2013 . 2. Credit for employers who hire individuals receiving unemployment compensation (a) In general Subsection (d) of section 51 of the Internal Revenue Code of 1986 (defining members of targeted group) is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) in the case of a small business employer, a qualified unemployment compensation recipient. . (b) Qualified unemployment compensation recipient Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Qualified unemployment compensation recipient; small business employer (A) In general The term qualified unemployment compensation recipient means any individual who is certified by the designated local agency as— (i) not being a student for at least 6 months during the 1-year period ending on the hiring date, (ii) being in receipt of unemployment compensation under State or Federal law on the hiring date, and (iii) having a hiring date during the 2-year period which begins on the date of the enactment of this paragraph. (B) Small business employer For purposes of this paragraph, the term small business employer means, with respect to any hiring date, any employer which employs more than 10 but fewer than 25 full-time equivalent employees throughout the taxable year. (C) Student For purposes of this paragraph, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months (whether or not consecutive) during the 1-year period ending on the hiring date. . (c) Maximum $4,000 credit per employee Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by inserting $10,000 per year in the case of any individual who is a qualified unemployment compensation recipient by reason of subsection (d)(11), after $6,000 per year ( . (d) Denial of credit unless employment full time for 1 year Paragraph (3) of section 51(i) of the Internal Revenue Code of 1986 (relating to individuals not meeting minimum employment periods) is amended by adding at the end the following new subparagraph: (C) Special rules for qualified unemployment compensation recipients No wages shall be taken into account under subsection (a) with respect to a qualified unemployment compensation recipient unless— (i) such individual is employed by the employer for not less than 35 hours per week for not less than 1 year, and (ii) the number of full-time equivalent employees of the employer is increased by 1 for at least 1 year by reason of such individual’s employment by the employer. . (e) Credit made available to tax-Exempt employers in certain circumstances (1) In general Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended— (A) by striking qualified veterans in the subsection heading and inserting qualified individuals , (B) by striking qualified veteran each place it appears in the text and inserting qualified individual , and (C) by striking qualified veterans in paragraph (2) and inserting qualified individuals . (2) Qualified individual defined Subparagraph (B) of section 3111(e)(5) of such Code is amended to read as follows: (B) the term qualified individual means— (i) any qualified veteran (as defined in section 51(d)(3)), and (ii) any qualified unemployment compensation recipient (as defined in section 51(d)(11)). . (3) Conforming amendment Paragraph (2) of section 52(c) of such Code is amended— (A) by inserting and qualified unemployment compensation recipients after qualified veterans in the heading, and (B) by inserting and qualified unemployment compensation recipients after qualified veterans in the text. (f) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.
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113-hr-3782
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I 113th CONGRESS 1st Session H. R. 3782 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; which was referred to the Committee on Agriculture A BILL To direct the Secretary of Agriculture, in consultation with Indian tribes, to make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with, eligible entities to conduct research and education and training programs to protect and preserve Native American seeds, and for other purposes.
1. Short title This Act may be cited as the Native American Seeds Protection Act of 2013 . 2. Research grants for purposes of protection and preservation of Native American seeds (a) In general Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3151 et seq. ) is amended by adding at the end the following new section: 1419C. Research grants for purposes of protection and preservation of Native American seeds (a) Authority Consistent with this section, the Secretary may make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with, eligible entities to conduct research and education and training programs that are objective, operationally independent, and external to the Federal Government and that concern the purity of Native American seeds (as defined by the Secretary, in consultation with Indian tribes). (b) Cooperation required Grant applications submitted by an eligible entity under this section shall certify that the research to be conducted will be performed under a cooperative agreement with at least one other qualified research entity. (c) Activities Under this section, funding may be provided to conduct— (1) research to assess the direct and indirect impacts of— (A) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds; and (B) contaminants that compromise the integrity and purity of Native American seeds; and (2) education and training programs on— (A) the methods necessary to conduct the research described in paragraph (1); and (B) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. (d) Report Beginning not later than one year after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains— (1) the results of any research conducted under this section; (2) the effectiveness of any education and training programs conducted under this section in enabling eligible entities to ensure the purity of Native American seeds; and (3) any recommendations of the Secretary to improve the effectiveness of such education and training programs. (e) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note)); or (B) an Indian tribe. (2) Indian tribe The term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (3) Qualified research entity The term qualified research entity means an entity with a demonstrated capacity and infrastructure necessary to carry out agricultural research projects, including— (A) a State agricultural experiment station; (B) a college or university (including a 1994 Institution); (C) another research institution or organization; (D) a private organization; (E) a corporation; or (F) an individual. . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out section 1419C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as added by subsection (a), including regulations to define the term Native American seed as specified in subsection (a) of such section 1419C. 3. Developing seed storage facilities to preserve and protect Native American seeds Section 306 (a)(19)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19)(A) ) is amended by inserting , including the expansion, construction, and infrastructure costs associated with developing seed storage facilities that are used to protect and preserve Native American seeds (as defined by the Secretary pursuant to section 1419C of the National Agricultural Research, Education, and Teaching Policy Act of 1977) before the period at the end.
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113-hr-3783
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I 113th CONGRESS 1st Session H. R. 3783 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 1101 of the Patient Protection and Affordable Care Act to extend for one year the high risk health insurance pool program, and for other purposes.
1. Short title This Act may be cited as the Rate Protection Act of 2013 . 2. 1-year extension of high risk health insurance pool program (a) In general Subsections (a) and (g)(3) of section 1101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001 ) are each amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Transitional funding Section 1101(g)(1) of the Patient Protection and Affordable Care Act is amended by inserting (plus an additional amount, not to exceed $1,500,000,000) after $5,000,000,000 . (c) Transitional rules for 2014 Section 1101(g)(3) of the Patient Protection and Affordable Care Act is amended— (1) in the heading, by inserting ; transition after authority ; and (2) by adding at the end the following new subparagraph: (C) Treatment during 1-year extension period In implementing this section during 2014, the following rules shall apply: (i) No new enrollment Except as provided in clause (ii), eligible individuals are limited to those individuals who are enrolled in a qualified high risk pool through the program under this section as of December 31, 2013. (ii) Transition for individuals enrolled in a non-Federally-operated high risk pool that terminates operations in 2014 If a qualified high risk pool under this section is operated as of December 31, 2013, through a State or other eligible entity (other than the Federal Government) and such State or other eligible entity terminates operations of such pool after such date, the Secretary shall establish such procedures as may be necessary to enable eligible individuals who are enrolled in such qualified high risk pool as of the day before the date of the termination to enroll in the qualified high risk pool operated under this section by the Federal Government for the remainder of 2014. .
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113-hr-3784
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I 113th CONGRESS 1st Session H. R. 3784 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Yoho (for himself, Mr. Rice of South Carolina , Mr. Austin Scott of Georgia , Mr. Wilson of South Carolina , Mr. Hall , Mr. Graves of Georgia , Mr. Weber of Texas , Mr. Massie , Mr. Salmon , Mr. Bridenstine , Mr. LaMalfa , Mr. Posey , Mr. Duncan of South Carolina , Mr. Westmoreland , Mr. Stockman , Mr. Franks of Arizona , Mr. Pittenger , Mr. Jones , Mr. Messer , and Mr. Hultgren ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , the Judiciary , Natural Resources , House Administration , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Affordable Care Act unless the initial enrollment target for Exchanges has been met, and for other purposes.
1. Short title This Act may be cited as the Nullifying Unconstitutional Mandate By Evaluating Results Act or the NUMBER Act . 2. Repealing ACA unless the initial enrollment target for Exchanges has been met (a) Certification with regard to ACA enrollments Not later than June 1, 2014, the Comptroller General of the United States shall certify to Congress whether the initial enrollment target for Exchanges specified in subsection (c) has been met during the enrollment period ending on March 31, 2014. (b) Repeal if target not met Effective June 1, 2014, unless the Comptroller General has certified to Congress under subsection (a) on or before such date that such initial enrollment target has been met during such period, the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I and subtitle B of title II of the Health and Education Reconciliation Act of 2010 ( Public Law 111–152 ), are repealed and the provisions of law amended by Act, title, and subtitle are restored as if such Act, title, and subtitle had not been enacted. (c) Initial enrollment target The initial enrollment target specified in this subsection is that at least 7,000,000 individuals have been successfully enrolled in qualified health plans through an Exchange under the Patient Protection and Affordable Care Act.
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113-hr-3785
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I 113th CONGRESS 1st Session H. R. 3785 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Yoho (for himself, Mr. Graves of Georgia , Mr. Bridenstine , Mr. Grayson , Mr. Posey , Mr. Rice of South Carolina , Mr. Duncan of South Carolina , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a reduction in the pay of the Secretary of Health and Human Services until the healthcare.gov Web site is certified as fully functional.
1. Short title This Act may be cited as the Government Lacks Insight To Choose Health Act or the GLITCH Act . 2. Reduction in pay of the Secretary of Health and Human Services until healthcare.gov Web site is fully functional (a) Pay reduction (1) In general Notwithstanding any other provision of law, the rate of basic pay payable to the Secretary of Health and Human Services shall be equal to— (A) for each month ending during the pay reduction period, the rate that would otherwise apply if this Act had not been enacted, reduced by the applicable percentage; and (B) for each month ending after the pay reduction period, the rate that would otherwise apply if this Act had not been enacted. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage is— (A) for the first month ending during the pay reduction period, 5 percent; and (B) for each subsequent month ending during the pay reduction period— (i) the applicable percentage for the previous month, plus (ii) 5 percentage points, except that in no event shall the applicable percentage for any month exceed 100 percent. (3) Pay reduction period defined For purposes of this section, the term pay reduction period means the period which— (A) begins on the date of the first determination under subsection (b) that the healthcare.gov Web site is not fully functional; and (B) ends on the date of the determination under subsection (b) that the healthcare.gov Web site is fully functional. (b) Certification required that healthcare.gov Web site is fully functional (1) Determinations Subject to paragraph (2), not later than the 15th of the first month beginning after the date of the enactment of this Act and of each subsequent month, the Comptroller General of the United States shall determine, in such manner and in accordance with such criteria as specified by the Comptroller General if the healthcare.gov Web site is fully functional and submit to the Congress such determination. (2) Certification Determinations under paragraph (1) shall cease after the date on which the Comptroller General of the United States certifies to the Congress that the healthcare.gov Web site is fully functional.
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113-hr-3786
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I 113th CONGRESS 1st Session H. R. 3786 IN THE HOUSE OF REPRESENTATIVES December 16, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of General Services, on behalf of the Archivist of the United States, to convey certain Federal property located in the State of Alaska to the Municipality of Anchorage, Alaska.
1. Real property conveyance (a) In general As soon as practicable after the date of the enactment of this Act and after completion of the survey and appraisal described in this section, the Administrator of General Services, on behalf of the Archivist of the United States, shall convey to the City by quitclaim deed for the consideration described in subsection (c), all right, title, and interest of the United States in and to a parcel of real property described in subsection (b). (b) Legal description of property (1) In general The parcel to be conveyed under subsection (a) consists of approximately 9 acres and improvements located at 400 East Fortieth Street in the City that is administered by the National Archives and Records Administration. (2) Survey required As soon as practicable after the date of the enactment of this Act, the exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey, paid for by the City, that is satisfactory to the Archivist. (c) Terms and conditions (1) Consideration (A) In general As consideration for the conveyance of the property under subsection (a), the City shall pay to the Archivist an amount not less than the fair market value of the conveyed property, to be determined as provided in subparagraph (B). (B) Appraisal The fair market value of the property to be conveyed under subsection (a) shall be determined based on an appraisal that— (i) is conducted by a licensed, independent appraiser that is approved by the Archivist and the City; (ii) is based on the highest and best use of the property; (iii) is approved by the Archivist; and (iv) is paid for by the City. (C) Form of consideration The consideration described in this paragraph shall consist of monetary payment by the City, unless the Archivist and the City agree to a different form of consideration, in whole or in part, which may include replacement property or use of existing structures. (2) Pre-conveyance entry The Archivist, on terms and conditions the Archivist determines to be appropriate, may authorize the City to enter the property at no charge for pre-construction and construction activities. (3) Additional terms and conditions The Archivist may require additional terms and conditions in connection with the conveyance under subsection (a) as the Archivist considers appropriate to protect the interests of the United States. (d) City defined In this section, the term City means the Municipality of Anchorage, Alaska.
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113-hr-3787
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I 113th CONGRESS 1st Session H. R. 3787 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Lankford introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on Veterans’ Affairs , House Administration , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.
1. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. 2. Elimination of cost-of-living adjustments for pensions of Members of Congress who retire before age 62 Notwithstanding any other provision of law, the pension of a retired Member of Congress who is under the age of 62 shall not be increased. 3. Department of Defense and Department of Veterans Affairs joint contracting for prescription drugs Notwithstanding any other provision of law, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that brand-name prescription drugs purchased by the Department of Defense and by the Department of Veterans Affairs are purchased jointly by such Departments at the same level such drugs were purchased jointly by such Departments in fiscal year 2005 or in excess of that level.
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113-hr-3788
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I 113th CONGRESS 1st Session H. R. 3788 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Fitzpatrick (for himself, Mr. Brooks of Alabama , Mr. Westmoreland , Mr. Benishek , Mr. Daines , Mr. Hall , Mr. Issa , Mr. Aderholt , Mr. Yoho , Mr. Wilson of South Carolina , Mr. Rodney Davis of Illinois , Mr. Hudson , Mr. Cotton , Mr. Rice of South Carolina , Mr. Bilirakis , Mr. Johnson of Ohio , Mr. Huizenga of Michigan , Mr. Lance , Mr. McCaul , Mr. Barletta , Mr. Rothfus , Mr. Womack , Mr. Griffin of Arkansas , Mr. Sessions , Mr. Guthrie , Mr. Williams , Mr. Renacci , Mr. Cramer , Mr. McKinley , Mr. DeSantis , Mr. Walden , Mr. Duncan of South Carolina , Mr. Posey , Mr. Whitfield , Mr. Jones , Mrs. Roby , Mr. Poe of Texas , Mr. Flores , Mr. Kelly of Pennsylvania , Mr. Thompson of Pennsylvania , Mr. Murphy of Pennsylvania , Mr. Shuster , Mr. Barrow of Georgia , Mr. Mica , Mr. Perry , and Mr. Rogers of Alabama ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 repeal the reductions in military retirement benefits made by the Bipartisan Budget Act of 2013 and to require inclusion of the taxpayer’s social security number to claim the refundable portion of the child tax credit.
1. Repeal of reductions in military retirement benefits made by Bipartisan Budget Act of 2013 As of the date of the enactment of the Bipartisan Budget Act of 2013, section 403 of such Act is repealed and title 10, United States Code, is amended to read as such title would read if such section had never been enacted. 2. Social security number required to claim the refundable portion of the child tax credit (a) In general Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Identification requirement with respect to taxpayer (A) In general Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes the taxpayer’s Social Security number on the return of tax for such taxable year. (B) Joint returns In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if the Social Security number of either spouse is included on such return. (C) Limitation Subparagraph (A) shall not apply to the extent the tentative minimum tax (as defined in section 55(b)(1)(A)) exceeds the credit allowed under section 32. . (b) Omission treated as mathematical or clerical error Subparagraph (I) of section 6213(g)(2) of such Code is amended to read as follows: (I) an omission of a correct Social Security number required under section 24(d)(5) (relating to refundable portion of child tax credit), or a correct TIN under section 24(e) (relating to child tax credit), to be included on a return, . (c) Conforming amendment Subsection (e) of section 24 of such Code is amended by inserting With Respect to Qualifying Children after Identification Requirement in the heading thereof. (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-3789
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I 113th CONGRESS 1st Session H. R. 3789 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Miller of Florida (for himself, Mr. Barber , Mr. Barletta , Mr. Benishek , Mr. Bilirakis , Mr. Bishop of Utah , Ms. Bordallo , Mr. Boustany , Mr. Bridenstine , Mr. Buchanan , Mr. Bucshon , Mrs. Bustos , Mrs. Capps , Mr. Coffman , Mr. Cole , Mr. Conaway , Mr. Cook , Mr. Courtney , Mr. Cramer , Mr. Crenshaw , Mr. Culberson , Mr. Rodney Davis of Illinois , Mr. Dent , Mr. DeSantis , Mr. Diaz-Balart , Ms. Duckworth , Mr. Duncan of South Carolina , Mr. Enyart , Mr. Farenthold , Mr. Fincher , Mr. Fitzpatrick , Mr. Forbes , Mr. Fortenberry , Ms. Foxx , Ms. Frankel of Florida , Mr. Franks of Arizona , Mr. Gallego , Mr. Garcia , Mr. Gibbs , Mr. Gibson , Mr. Grayson , Mr. Al Green of Texas , Mr. Griffin of Arkansas , Mr. Grimm , Ms. Hanabusa , Mr. Higgins , Mr. Hinojosa , Mr. Honda , Mr. Huizenga of Michigan , Mr. Hultgren , Mr. Hunter , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Jones , Mr. Kelly of Pennsylvania , Mr. Kinzinger of Illinois , Mrs. Kirkpatrick , Ms. Kuster , Mr. Lamborn , Mr. Lance , Mr. Lankford , Mr. Larson of Connecticut , Mr. LoBiondo , Mr. Loebsack , Mr. Sean Patrick Maloney of New York , Mr. Marino , Mr. Massie , Mr. McCarthy of California , Mr. McCaul , Mr. McKinley , Mrs. McMorris Rodgers , Mr. Meehan , Mr. Murphy of Florida , Mr. Murphy of Pennsylvania , Mr. Neugebauer , Mrs. Noem , Mr. O’Rourke , Mr. Owens , Mr. Palazzo , Mr. Pearce , Ms. Pingree of Maine , Mr. Posey , Mr. Rahall , Mr. Rice of South Carolina , Mr. Rigell , Mr. Roe of Tennessee , Mr. Rooney , Ms. Ros-Lehtinen , Mr. Ross , Mr. Rothfus , Mr. Runyan , Mr. Ruppersberger , Mr. Austin Scott of Georgia , Mr. Sessions , Ms. Sewell of Alabama , Ms. Shea-Porter , Mr. Simpson , Ms. Sinema , Mr. Smith of Texas , Mr. Southerland , Mr. Stivers , Mr. Takano , Mr. Terry , Mr. Thompson of Pennsylvania , Ms. Titus , Mr. Turner , Mr. Valadao , Mr. Vela , Mr. Walberg , Mrs. Walorski , Mr. Walz , Mr. Westmoreland , Mr. Williams , Mr. Wilson of South Carolina , Mr. Wittman , Mr. Yoder , Mr. Yoho , Mr. Mica , Mr. Carter , Mr. Gene Green of Texas , and Mr. Perry ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to exempt the retired pay of certain disabled veterans from the reduced adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, to prevent any adverse impact of the reduced adjustment on annuities under the Survivor Benefit Plan based on retired or retainer pay, and for other purposes.
1. Exemptions from reduced adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 (a) Exemption of certain disabled veterans Section 1401a(b)(4) of title 10, United States Code, as added by section 403 of the Bipartisan Budget Act of 2013, is amended— (1) in subparagraph (A), by inserting except as provided in subparagraph (F), after each year, ; and (2) by adding at the end the following subparagraph: (F) Exception for service-disabled veterans Subparagraph (A) shall not apply to the retired pay of any member or former member who— (i) is retired under section 1201 of this title; (ii) is eligible for combat-related special compensation under section 1413a of this title; or (iii) is entitled to concurrent payment of retired pay and veterans’ disability compensation under section 1414 of this title. . (b) Exemption for adjustments to annuities under Survivor Benefit Plan based on retired or retainer pay Section 1451(g)(1)(B) of title 10, United States Code, is amended by adding at the end the following new sentence: Section 1401a(b)(4) of this title shall not apply in determining the percentage of the increase to be made under this subparagraph. . (c) Effective date The amendments made by this section shall take effect immediately after the amendments made to section 1401a of title 10, United States Code, by the Bipartisan Budget Act of 2013 take effect.
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113-hr-3790
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I 113th CONGRESS 1st Session H. R. 3790 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Miller of Florida (for himself, Mr. Barber , Mr. Benishek , Mr. Bilirakis , Mr. Bishop of Utah , Mr. Boustany , Mr. Buchanan , Mrs. Bustos , Mrs. Capps , Mr. Coffman , Mr. Cole , Mr. Cramer , Mr. Crenshaw , Mr. DeSantis , Mr. Diaz-Balart , Mr. Duncan of South Carolina , Mr. Enyart , Mr. Farenthold , Mr. Fincher , Mr. Forbes , Ms. Frankel of Florida , Mr. Franks of Arizona , Mr. Gallego , Mr. Garcia , Mr. Gibbs , Mr. Gibson , Mr. Grayson , Mr. Griffin of Arkansas , Mr. Grimm , Ms. Hanabusa , Mr. Hinojosa , Mr. Honda , Mr. Huizenga of Michigan , Mr. Hunter , Mr. Johnson of Ohio , Mr. Jones , Mr. Keating , Mr. King of New York , Mrs. Kirkpatrick , Mr. Lance , Mr. Lankford , Mr. LoBiondo , Mr. Loebsack , Mr. Sean Patrick Maloney of New York , Mr. Massie , Mr. McCaul , Mr. McKinley , Mrs. McMorris Rodgers , Mr. Meehan , Mr. Mica , Mr. Murphy of Florida , Mr. Murphy of Pennsylvania , Mr. Neugebauer , Mr. O’Rourke , Mr. Owens , Mr. Palazzo , Mr. Pearce , Ms. Pingree of Maine , Mr. Posey , Mr. Rahall , Mr. Rigell , Mr. Rogers of Alabama , Ms. Ros-Lehtinen , Mr. Ross , Mr. Ruiz , Mr. Runyan , Mr. Austin Scott of Georgia , Ms. Shea-Porter , Mr. Simpson , Ms. Sinema , Mr. Southerland , Mr. Stivers , Mr. Takano , Mr. Terry , Ms. Titus , Mr. Turner , Mr. Valadao , Mr. Vela , Mr. Walberg , Mr. Walz , Mr. Wilson of South Carolina , Mr. Wittman , Mr. Yoder , Mr. Yoho , Mr. Cook , Mr. Carter , Mr. Gene Green of Texas , and Mr. Perry ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.
1. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed.
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113-hr-3791
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I 113th CONGRESS 1st Session H. R. 3791 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for health insurance premiums.
1. Short title This Act may be cited as the Health Premium Parity Act . 2. Deduction for health insurance premiums (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Health insurance premiums (a) In general In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for— (1) the taxpayer, (2) the taxpayer’s spouse, (3) the taxpayer’s dependents, and (4) any child (as defined in section 152(f)(1)) of the taxpayer who as of the end of the taxable year has not attained age 27. (b) Limitation on other coverage (1) In general Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of, or any dependent, or individual described in subsection (a)(4) with respect to, the taxpayer. The preceding sentence shall be applied separately with respect to— (A) plans which include coverage for qualified long-term care services (as defined in section 7702B(c)) or are qualified long-term care insurance contracts (as defined in section 7702B(b)), and (B) plans which do not include such coverage and are not such contracts. (2) Long-term care premiums In the case of a qualified long-term care insurance contract (as defined in section 7702B(b)), only eligible long-term care premiums (as defined in section 213(d)(10)) shall be taken into account under subsection (a). (c) Coordination with medical deduction, etc Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). Any amount taken into account in determining the credit allowed under section 35 or 36B shall not be taken into account for purposes of this section. (d) Deduction not allowed for self-Employment tax purposes The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. . (b) Deduction allowed whether or not taxpayer itemizes deductions Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22) Health insurance premiums The deduction allowed by section 224. . (c) Conforming amendments (1) Section 162 of such Code is amended by striking subsection (l). (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: Sec. 224. Health insurance premiums. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-3792
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I 113th CONGRESS 1st Session H. R. 3792 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Wittman (for himself and Mr. Rigell ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To repeal the reduction in the annual percentage increases of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.
1. Repeal of reduced annual percentage increases of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed.
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113-hr-3793
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I 113th CONGRESS 1st Session H. R. 3793 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Maffei (for himself, Mr. Castro of Texas , Ms. Shea-Porter , Mr. Sean Patrick Maloney of New York , Mr. Ryan of Ohio , Mr. Courtney , Mr. Loebsack , Mr. DeFazio , Ms. Pingree of Maine , Mr. Heck of Washington , Mr. Doggett , Mr. Langevin , Mr. Barber , Ms. Gabbard , Mr. Butterfield , Ms. Wilson of Florida , Mr. Michaud , Ms. Kuster , Mr. Vela , Mr. Walz , Ms. Wasserman Schultz , Mr. Kildee , Ms. Hanabusa , Mr. Peters of Michigan , Ms. Bordallo , Mr. O’Rourke , Ms. Michelle Lujan Grisham of New Mexico , Mr. Grayson , Mr. Garamendi , Mr. Perlmutter , Mrs. Bustos , Ms. Castor of Florida , Ms. Schwartz , Ms. Edwards , Mr. Tonko , Mr. Braley of Iowa , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 restore full military retirement benefits by closing corporate tax loopholes.
1. Short title This Act may be cited as the Military Retirement Restoration Act . 2. Repeal of reductions made by Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. 3. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section.
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113-hr-3794
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I 113th CONGRESS 1st Session H. R. 3794 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.
1. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 (a) Repeal Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. (b) Offset To offset the costs to be incurred by the repeal made by subsection (a), the unobligated balances of the Department of Defense shall be reduced as necessary to generate savings in the total amount of $6,200,000,000.
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113-hr-3795
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I 113th CONGRESS 1st Session H. R. 3795 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require notifications by the Secretary of Health and Human Services to Congress and to individuals of breaches of personally identifiable information of such individuals maintained, submitted to, or submitted by a system maintained by Exchanges under the Patient Protection and Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the One Hour Notification Act of 2013 and as the OH No Act of 2013 . 2. Notification and annual report relating to breaches of personally identifiable information by PPACA Exchanges (a) Notification of data breaches The Secretary of Health and Human Services, following the discovery of a breach of the personally identifiable information of an individual that is maintained, submitted to, or submitted by a system maintained by an Exchange established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), shall— (1) not more than one hour after the time at which the Secretary is notified of such breach, notify the individual that such information has been so breached; and (2) in a timely manner, notify the Committees on Energy and Commerce, Ways and Means, and Education and Workforce of the House of Representatives and the Committees on Finance and Health, Education, Labor, and Pensions of the Senate that such information has been so breached. (b) Annual report Not later than January 1, 2015, and each year thereafter, the Secretary of Health and Human Services shall submit to Congress an annual report that identifies, with respect to the breaches of security described in subsection (a)— (1) all such breaches that occurred within the past year; and (2) the security rules, standards, and risk mitigation strategies implemented by the Secretary, as of the date of the submission of such report, for the purpose of preventing such breaches.
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113-hr-3796
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I 113th CONGRESS 1st Session H. R. 3796 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mrs. Black (for herself and Mr. Neal ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for bundled payments for certain episodes of care surrounding a hospitalization, and for other purposes.
1. Short title This Act may be cited as the Comprehensive Care Payment Innovation Act . 2. Permanent, national voluntary payment bundling Title XVIII of the Social Security Act is amended by inserting after section 1866E ( 42 U.S.C. 1395cc–5 ) the following new section: 1866F. National voluntary payment bundling (a) Establishment and implementation (1) In general The Secretary shall provide for bundled payments under this section for integrated care furnished by a qualified entity during an episode of care to an applicable beneficiary for applicable conditions involving a hospitalization. (2) Deadline The Secretary shall implement this section not later than January 1, 2015. (3) Applicable beneficiary defined In this section, the term applicable beneficiary means an individual who is entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B, but not enrolled under part C or in a PACE program under section 1894, and who is admitted to a hospital for an applicable condition. (b) Qualified entity and application process (1) Definitions In this section: (A) In general The term qualified entity means a qualified applicant that has an application approved by the Secretary to receive bundled payments for furnishing applicable services to applicable individuals under this section. (B) Qualified applicant The term qualified applicant means a corporation, partnership, or limited liability company, that is authorized in writing by a group of providers of services and suppliers, including at least a hospital, that are otherwise participating under this title to act as their agent for the purpose of receiving and distributing bundled payments on their behalf under this section. A qualified applicant may (but is not required to) be a provider of services or supplier that is otherwise participating under this title. (2) Application (A) In general A qualified applicant may submit to the Secretary an application to become a qualified entity to receive bundled payments under this section. (B) Contents An application under subparagraph (A) with respect to a group of providers of services and suppliers— (i) shall contain such information and assurances as the Secretary may specify, including with respect to the requirements under subsection (c)(1); and (ii) shall indicate the applicable conditions with respect to which the group seeks to furnish applicable services during the episode of care involved and the bundled payment methodology under subsection (g) or (h) under which the group would be paid for such services. (3) Choice among applicable conditions A qualified entity may select one or more applicable conditions for bundled payments under this section. Nothing in this section shall be construed as requiring, or authorizing the Secretary to require, a qualified entity to select any particular applicable condition under this section. (4) Expedited application process for qualified applicants successfully participating in the CMI bundled payment demonstration In the case of any qualified applicant that the Secretary determines has successfully participated in any of the payment and service delivery models tested by the Center for Medicare and Medicaid Innovation under section 1115A through the Bundled Payments for Care Improvement (BPCI) Initiative, the Secretary shall provide for an expedited application process under this subsection. (c) Requirements for qualified entities (1) Requirements (A) In general The Secretary shall develop requirements for qualified entities to receive bundled payments for furnishing applicable services for applicable conditions during an episode of care under this section. (B) Agreement period Under such requirements, a qualified entity shall agree to receive bundled payments for the furnishing of such services for a 5-year period (each such year in such period referred to in this section as an agreement year ). (C) Beneficiary transparency Such requirements shall ensure transparency between a qualified entity and applicable beneficiaries such that notice is provided to an applicable beneficiary sufficiently in advance, to the extent practicable, of the beneficiary’s inpatient admission for the applicable condition and episode of care involved. Such a notice shall include— (i) appropriate notice of bundled payments for the applicable condition for the episode of care involved; and (ii) a statement informing the beneficiary of the beneficiary’s right to select the providers of services and suppliers furnishing items and services related to the episode of care. (D) Methodology and measures for quality and efficiency arrangements Insofar as a qualified entity uses or seeks to implement a quality and efficiency arrangement under subsection (i), the qualified entity shall specify in the application to the Secretary in detail the methodology for allocating savings under the arrangement and the specific measures to be used to assess the quality of care under the arrangement. (2) Provision of data by Secretary (A) Claims data The Secretary shall furnish to a group of providers of services and suppliers interested in submitting an application under subsection (b)(2) claims data under parts A and B, including complete claims files, for applicable conditions relating to the providers and suppliers in the group that are sufficiently specific to permit such group to determine whether to submit such application. Such claims data shall also be furnished to a qualified entity monthly during the agreement period described in paragraph (1)(B) of any approved application with respect to an applicable condition. (B) Quality data The Secretary shall furnish to a qualified entity data on quality measures with respect to any applicable condition under an approved application during the agreement period for the entity for each episode of care and across the continuum of care. (d) Applicable conditions (1) Initial conditions In this section, the term applicable condition means any of the following procedures furnished as part of inpatient hospital services: (A) Hip/Knee joint replacement. (B) Lumbar spine fusion. (C) Coronary artery bypass graft. (D) Heart valve replacement. (E) Percutaneous coronary intervention with stent. (F) Colon resection. (2) Discretion to add conditions Such term also includes such additional procedures or conditions as the Secretary may select. In selecting such procedures or conditions, the Secretary may take into consideration the factors described in section 1866D(a)(2)(B). (e) Applicable services; episode of care In this section: (1) Applicable services The term applicable services means the following items and services: (A) Acute care inpatient services. (B) Physicians’ services delivered in and outside of an acute care hospital setting. (C) Outpatient hospital services. (D) Post-acute care services, including home health services, skilled nursing services, inpatient rehabilitation services, and inpatient hospital services furnished by a long-term care hospital. (E) Other services the Secretary determines appropriate. (2) Episode of care (A) In general Subject to subparagraph (B), the term episode of care means, with respect to an applicable condition and an applicable beneficiary, the period consisting of— (i) the 3 days prior to the admission of the applicable beneficiary to a hospital with respect to the applicable condition; (ii) the duration of the applicable beneficiary’s initial inpatient stay in such hospital for the applicable condition; and (iii) the 90 days following the discharge of the applicable beneficiary from such hospital. (B) Establishment of period by the secretary The Secretary, as appropriate, may establish a period (other than the period described in subparagraph (A)) for an episode of care under this section based on data analyses. (3) Discharging hospital The term discharging hospital means, with respect to applicable services in an episode of care, the hospital referred to in paragraph (2)(A). (f) Bundled payment development (1) In general Subject to the succeeding provisions of this subsection, the Secretary shall develop bundled payments for qualified entities. A bundled payment shall provide for comprehensive payment for the costs of applicable services furnished to an applicable beneficiary during an episode of care for an applicable condition, including readmissions related to the applicable condition but excluding unrelated readmissions, under either a fee-for-service model with shared savings and losses (under subsection (g)) or under a prospective payment model for advanced qualified entities (under subsection (h)). Bundled payments shall be based on the spending targets computed under paragraph (2). (2) Computation of spending targets (A) In general The Secretary shall compute under this paragraph, for each qualified entity for each applicable condition for an episode of care beginning in an agreement year (beginning with 2015) that is attributable to a discharging hospital, a spending target equal to the updated amount computed under subparagraph (C) for that entity, episode, and year. (B) Initial weighted average calculation for discharging hospitals (i) In general Using fee-for-service claims data from the base period (as defined in subparagraph (D)), subject to clause (ii), the Secretary shall first calculate a base average spending target for each applicable condition for each discharging hospital equal to a weighted average of spending under parts A and B for all applicable services for such applicable condition associated with initial admissions to such hospital computed as the sum of the following (with respect to such hospital): (I) 60 percent of the standardized spending per episode in the most recent year in the base period. (II) 30 percent of the standardized spending per episode in the previous year. (III) 10 percent of the standardized spending per episode in the second previous year. (ii) Exclusion of outliers and standardization In calculating the amount of the base average spending target for an applicable condition under clause (i) for a discharging hospital, the Secretary shall— (I) exclude from the calculation payments for episodes of care for the applicable condition that exceed the 95th percentile of all such spending for such episodes of care and applicable condition, as estimated by the Secretary, based on the most recent data available; and (II) standardize the spending made in each year in the base period to each provider of service or supplier to remove the spending adjustments in effect in such year relating to provider or supplier location (such as area wage indices) and provider type (such as indirect medical education adjustments and disproportionate share hospital adjustments). (C) Trending the spending targets based on national growth rates to agreement year; periodic rebasing for new agreement periods (i) In general The Secretary shall update the base average spending targets for all discharging hospitals under subparagraph (B) for each applicable condition and agreement year based on trends in the national fee-for-service claims data for applicable services furnished during an episode of care for an applicable condition from the base period to the agreement year involved. Such update shall not vary by discharging hospital. (ii) Periodic rebasing for new agreement periods At the start of each new agreement period, the Secretary shall update the base period and calculate new spending targets under the previous provisions of this paragraph for a discharging hospital and applicable conditions, including providing for adjustments by provider location and provider type of the type described in subparagraph (B)(ii)(II). (D) Base period defined In this paragraph, except as provided in subparagraph (C)(ii), the term base period means the most recent 3-year period for which complete data are available to carry out this subsection. (g) Fee-for-Service bundled payment model with shared savings and shared losses (1) Fee-for-service-based payment If the payment model under this subsection is selected by a qualified entity, the Secretary shall pay providers of services and suppliers of the entity for applicable services for an applicable condition during an episode of care amounts payable under parts A and B for such services in the same manner as such providers and suppliers would otherwise be paid under such parts (referred to in this subsection as fee-for-service payments ). (2) Shared savings and losses (A) Computation of each qualified entity’s actual standardized average spending per episode of care In applying this subsection, in calculating the actual standardized average fee-for-service spending per episode of care for a discharging hospital for each applicable condition in each agreement year, the Secretary shall exclude outlier episodes of care described in subsection (f)(2)(B)(ii)(I), as estimated by the Secretary, based on data applicable to payments in the agreement year and shall standardize such spending per episode of care in the manner provided in subsection (f)(2)(B)(ii)(II). For the purpose of identifying outlier episodes of care for each applicable condition, the percentile ranking of each episode of care and applicable condition and the 95th percentile shall be based on payments standardized by adjustments for provider location and provider type of the type described in subsection (f)(2)(B)(ii)(II). (B) Computation of gross shared savings and shared losses for each applicable condition for each discharging hospital For purposes of applying subparagraph (C), if actual standardized average fee-for-service payments to a qualified entity for all episodes of care for an applicable condition in an agreement year for a discharging hospital, as calculated under subparagraph (A), are— (i) less than the applicable spending target under subsection (f)(2)(C) for such condition, year, and hospital, there shall be a gross shared savings for such applicable condition, year, and hospital equal to 60 percent of the difference between such actual average payments and the spending target for such condition, year, and hospital; or (ii) greater than such applicable spending target, there shall be a gross shared loss for such applicable condition, year, and hospital equal to 60 percent of such difference. (C) Retrospective reconciliation (i) Totaling gross shared savings and losses for all conditions and all discharging hospitals for a qualified entity At the end of each agreement year for each qualified entity, for purposes of applying clauses (ii) and (iii), the Secretary shall aggregate the gross shared savings and the gross shared losses under subparagraph (B) of such entity for the year for all applicable conditions and for all discharging hospitals. (ii) Payment to entity of net savings Subject to clause (iv) and subsection (j)(3) (relating to quality performance thresholds), if such aggregate gross shared savings exceeds such aggregate gross shared losses for a qualified entity for an agreement year, the Secretary shall pay to the qualified entity a lump sum amount equal to such excess for such year. (iii) Collection from entity of net losses Subject to clause (iv), if such aggregate gross shared losses exceeds such aggregate gross shared savings for a qualified entity for an agreement year, the qualified entity shall pay to the Secretary (and the Secretary shall collect from the entity) a lump sum amount equal to such excess for such year. (iv) Cap on payments In no case shall the payment under clause (ii) or (iii) with respect to a qualified entity for an agreement year exceed 10 percent of the aggregate spending target for that qualified entity for all applicable conditions and all discharging hospitals for that year. (h) Prospective bundled payment model for advanced qualified entities (1) In general Subject to approval by the Secretary, if the payment model under this subsection is selected, a qualified entity may elect to receive a prospective bundled payment for each episode of care for each applicable condition and discharging hospital in the agreement year equal to the spending target for such episode, year, and hospital under subsection (f)(2) and the provisions of subsection (g) do not apply. Such spending target shall be adjusted, in the same manner described in subsection (g)(2)(B), in order to take into account outlier episodes of care and standardized adjustments for provider location and provider type of the type described in subsection (f)(2)(B)(ii)(II). (2) Rule of construction Nothing in this section shall be construed as prohibiting a qualified entity that receives bundled payments under this subsection from participating in an accountable care organization under section 1899. (3) Relationship to BPCI The Secretary may not terminate the Bundled Payments for Care Improvement initiative conducted pursuant to section 1115A until the prospective bundled payment model is implemented under this subsection. (i) Quality and efficiency arrangements (1) In general Subject to subsection (c)(1)(D) (relating to application requirements for notice of quality and efficiency arrangements and their structure) and subsection (j)(3) (relating to minimum quality performance thresholds), qualified entities participating in either the fee-for-service bundled payment model under subsection (g) or the prospective bundled payment model under subsection (h) may enter into quality and efficiency arrangements under which physicians and other health care practitioners work to improve the quality and efficiency of care under this title. (2) Types of arrangements The arrangements under paragraph (1) shall take into account the utilization of the resources of providers of services and suppliers and may provide for a distribution of a portion of any shared savings (or internal saving, as the case may be) realized under this section to qualifying providers and suppliers. (j) Quality measures (1) Selection; development (A) Selection For each applicable condition, the Secretary shall select quality measures related to care provided by providers of services and suppliers through qualified entities to which bundled payments are made under this section. In selecting quality measures, to the extent appropriate and practicable, the Secretary shall choose measures that— (i) are endorsed and validated by the entity with a contract under section 1890; (ii) pertain to the National Quality Strategy’s six priorities; (iii) are used by the Secretary under other provisions of this title; and (iv) minimize the incremental data extraction and reporting burden on providers and suppliers. (B) Development of electronically specified episodic measures The Secretary shall develop longitudinal quality and efficiency measures to assess performance of qualified entities with respect to patient outcomes and the care provided for each applicable condition across the associated episodes of care. Such measures shall be electronically specified for submittal through the use of qualified electronic health records (as defined in section 3000(13) of the Public Health Service Act ( 42 U.S.C. 300jj(13) )). (2) Reporting on quality measures (A) In general A qualified entity shall submit data to the Secretary on quality measures selected under paragraph (1) for each agreement year in a form and manner specified by the Secretary consistent with the succeeding provisions of this paragraph. (B) Submission of data through electronic health record To the extent practicable, such data shall be submitted through the use of a qualified electronic health record (as defined in section 3000(13) of the Public Health Service Act ( 42 U.S.C. 300jj(13) )). (C) Submission of data used in other programs Insofar as quality measures established under paragraph (1) are the same as those measures used by the Secretary under other provisions of this title, such as those selected under section 1886(b)(3)(B)(viii), the Secretary shall use existing processes for the submission of data for such measures under this paragraph. (3) Quality performance thresholds (A) Establishment For each applicable condition, the Secretary shall establish minimum quality performance thresholds for the measures established under paragraph (1). In the case of a quality and efficiency arrangement, such performance thresholds shall be developed using the quality measures identified by the qualified entity in its application under subsection (c)(1)(D) if approved by the Secretary. (B) Loss of shared savings payment and quality and efficiency arrangements for failure to meet minimum quality performance thresholds If a qualified entity fails to meet the minimum quality performance thresholds established under subparagraph (A) for an agreement year— (i) no payment may be made to the entity under subsection (g)(2)(C)(ii) with respect to that year; and (ii) the entity may not implement any quality and efficiency arrangement under subsection (i) for that year. (k) Waivers (1) In general The Secretary shall waive such provisions of this title and title XI as may be necessary to carry out the program, including the following: (A) With respect to authorizing quality and efficiency arrangements between qualified entities and providers of services and suppliers, section 1877(a) (relating to physician self-referral), paragraphs (1) and (2) of sections 1128A(b) (relating to the gainsharing civil money penalties), and paragraphs (1) and (2) of section 1128B(b) (relating to the anti-kickback statute). (B) Section 1128A(a)(5) of the Act (relating to the inducement civil money penalties). (C) Section 1861(i) (relating to the 3-day acute hospitalization prerequisite before eligibility for post-hospital extended care services). (D) With respect to home health services— (i) sections 1814(a)(2)(C) and 1835(a)(2)(A) (relating to the requirement that an individual be confined to home in order to be eligible for benefits for home health services); (ii) limitations on the amount, frequency, and duration on home health services; and (iii) prohibitions of free preoperative home safety assessments by home health agencies for patients scheduled to undergo surgery (such as under Advisory Opinion No. 06–01 of the Inspector General of the Department of Health and Human Services). (2) Authority to modify waivers under certain circumstances (A) In general In the case of a qualified entity with respect to which one or more waivers under paragraph (1) is in effect, if upon a review of the performance or an audit of the entity the Secretary finds a pattern of deficiencies or harm to applicable beneficiaries, the Secretary may modify or revoke any such waiver at any time as applied to that qualified entity. (B) Termination of certain waivers in the case of excess shared losses (i) In general Subject to the process described in clause (ii), in the case of a qualified entity that has selected the payment model under subsection (g) and has gross shared losses exceeding the cap under subsection (g)(2)(C)(iv) with respect to an applicable condition, the Secretary shall terminate waivers described in paragraphs (1)(C) and (1)(D) with respect to such qualified entity and applicable condition. (ii) Pre-termination notice The Secretary shall establish a process whereby a qualified entity is furnished notice of any deficiency that may give rise to a termination of waivers under clause (i) not later than 6 months before the proposed effective date of the termination. (l) Independent evaluation and reports on program (1) Independent evaluation The Secretary shall conduct an independent evaluation of the impact of providing bundled payments to qualified entities under this section. Such evaluation shall include an examination of the extent to which the bundling of payments this section have resulted in— (A) improved health outcomes; (B) improved access to care for applicable beneficiaries; (C) reduced spending under this title; and (D) improvement in performance on quality measures selected under subsection (j)(1)(A). (2) Reports (A) Interim report Not later than March 1, 2018, the Secretary shall submit to Congress a report on the initial results of the independent evaluation conducted under paragraph (1). (B) Final report Not later than March 1, 2020, the Secretary shall submit to Congress a report on the final results of the independent evaluation conducted under paragraph (1) and may include recommendations for the expansion of bundled payment methodologies and applicable conditions under this section as the Secretary determines to be appropriate. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3796ih/xml/BILLS-113hr3796ih.xml
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113-hr-3797
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I 113th CONGRESS 1st Session H. R. 3797 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. DesJarlais introduced the following bill; which was referred to the Committee on Armed Services A BILL To repeal an annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.
1. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed, and the provisions of law amended by such section are restored as if such section had never been enacted.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3797ih/xml/BILLS-113hr3797ih.xml
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113-hr-3798
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I 113th CONGRESS 1st Session H. R. 3798 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. DesJarlais introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal an annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.
1. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 (a) Repeal Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed, and the provisions of law amended by such section are restored as if such section had never been enacted. (b) Offset Section 4002(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–11(b) ) is amended— (1) in paragraph (2), by striking 2017 and inserting 2014 ; (2) by redesignating paragraph (5) as paragraph (7); (3) by striking paragraphs (3) and (4) and inserting the following: (3) for each of fiscal years 2015 through 2017, $0; (4) for each of fiscal years 2018 and 2019, $750,000,000; (5) for each of fiscal years 2020 and 2021, $1,000,000,000; (6) for fiscal year 2022, $1,300,000,000; and ; and (4) in paragraph (7), as so redesignated, by striking 2022 and inserting 2023 .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3798ih/xml/BILLS-113hr3798ih.xml
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113-hr-3799
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I 113th CONGRESS 1st Session H. R. 3799 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Gibson introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and 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 XVIII of the Social Security Act to provide for coverage of qualified acupuncturist services under part B of the Medicare Program, and to amend title 5, United States Code, to provide for coverage of such services under the Federal Employees Health Benefits Program.
1. Short title This Act may be cited as the Federal Acupuncture Coverage Act of 2013 . 2. Coverage of acupuncturist services under Medicare (a) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) by striking and at the end of subparagraph (EE); (2) by inserting and at the end of subparagraph (FF); and (3) by adding at the end the following new subparagraph: (GG) qualified acupuncturist services (as defined in subsection (iii)); . (b) Services described Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) Qualified acupuncturist services (1) The term qualified acupuncturist services means such services furnished by a qualified acupuncturist (as defined in paragraph (2)) and such services and supplies furnished as an incident to services furnished by the qualified acupuncturist which the qualified acupuncturist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law). (2) The term qualified acupuncturist means an individual who has been certified, licensed, or registered as an acupuncturist by a State (or the State regulatory mechanism provided by State law). . (c) Payment rules (1) Determination of amount of payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and before (Z) ; and (B) by inserting before the semicolon at the end the following: , and (AA) with respect to qualified acupuncturist services described in section 1861(s)(2)(GG)), the amounts paid shall be the amount determined by a fee schedule established by the Secretary for purposes of this clause (but in no event shall such amount exceed the fee schedule amount provided under section 1848 for the same service performed by a physician); . (2) Separate payment for services of institutional providers Section 1833(a)(2)(B) of such Act ( 42 U.S.C. 1395l(a)(2)(B) ) is amended, in clauses (i) and (ii), by inserting and in the case of qualified acupuncturist services furnished at any time after 1999, each place it appears. (d) Effective date The amendments made by this section apply to services furnished on or after January 1, 2014. 3. Coverage of acupuncturist services under Federal employees health benefit plans (a) In general Section 8902(k)(1) of title 5, United States Code, is amended by inserting acupuncturist, after nurse midwife, each place it appears. (b) Effective date The amendment made by this section applies to services provided on or after January 1, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3799ih/xml/BILLS-113hr3799ih.xml
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113-hr-3800
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I 113th CONGRESS 1st Session H. R. 3800 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To name the Department of Veterans Affairs outpatient clinic in Ewa Plain, Oahu, Hawaii, as the Daniel Kahikina Akaka Department of Veterans Affairs Outpatient Clinic .
1. Name of Department of Veterans Affairs outpatient clinic, Ewa Plain, Oahu, Hawaii The Department of Veterans Affairs outpatient clinic in Ewa Plain, Oahu, Hawaii, shall after the date of the enactment of this Act be known and designated as the Daniel Kahikina Akaka Department of Veterans Affairs Outpatient Clinic . Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Daniel Kahikina Akaka Department of Veterans Affairs Outpatient Clinic.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3800ih/xml/BILLS-113hr3800ih.xml
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113-hr-3801
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I 113th CONGRESS 1st Session H. R. 3801 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on Armed Services , 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 repeal the reductions in military retirement benefits made by the Bipartisan Budget Act of 2013 and to authorize the United States Postal Service to implement a modified Saturday delivery schedule.
1. Repeal of reductions in military retirement benefits made by Bipartisan Budget Act of 2013 As of the date of the enactment of the Bipartisan Budget Act of 2013, section 403 of such Act is repealed and title 10, United States Code, is amended to read as such title would read if such section had never been enacted. 2. Nationwide mail delivery schedule (a) In general Section 404 of title 39, United States Code, is amended by inserting after subsection (e) the following: (f) (1) The Postal Service may establish a general, nationwide mail delivery schedule of 5 days per week. (2) The Postal Service shall ensure that, under any schedule established under paragraph (1), there shall not occur more than 2 consecutive days on which mail is not delivered, including as a result of Federal holidays. (3) For a period not to end before January 1, 2019, the Postal Service shall provide domestic competitive product service 6 days per week to each street address that was scheduled to receive package service 6 days per week as of September 30, 2012. (4) Nothing in this section shall be construed to authorize a reduction, or to require an increase, in frequency of mail delivery for any address for which the Postal Service provided delivery on fewer than 6 days per week as of January 1, 2013. . (b) Mailbox access If the United States Postal Service establishes a general, nationwide mail delivery schedule of 5 days per week, the Postal Service shall amend the Mailing Standards of the United States Postal Service (as set forth in the Domestic Mail Manual) to ensure that the provisions of section 508.3.2.10 of such Manual, as in effect on September 30, 2012, shall apply on any day on which the Postal Service does not deliver mail under the established delivery schedule.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3801ih/xml/BILLS-113hr3801ih.xml
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113-hr-3802
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I 113th CONGRESS 1st Session H. R. 3802 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Lynch (for himself, Mr. Keating , Mr. Neal , Mr. McGovern , Mr. Capuano , Mr. Tierney , Ms. Tsongas , Mr. Kennedy , and Ms. Clark of Massachusetts ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend the legislative authority of the Adams Memorial Foundation to establish a commemorative work in honor of former President John Adams and his legacy, and for other purposes.
1. Extension of legislative authority for memorial establishment Section 1(c) of Public Law 107–62 ( 40 U.S.C. 1003 note), as amended by Public Law 111–169 , is amended by striking “2013” and inserting “2020”.
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113-hr-3803
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I 113th CONGRESS 1st Session H. R. 3803 IN THE HOUSE OF REPRESENTATIVES December 19, 2013 Mr. Yoho introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , the Judiciary , Natural Resources , House Administration , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Affordable Care Act unless the initial enrollment target for Exchanges has been met, and for other purposes.
1. Short title This Act may be cited as the Nullifying Unconstitutional Mandate By Evaluating Results Act or the NUMBER Act . 2. Repealing ACA unless the initial enrollment target for Exchanges has been met (a) Certification with regard to ACA enrollments Not later than June 1, 2014, the Comptroller General of the United States shall certify to Congress whether the initial enrollment target for Exchanges specified in subsection (c) has been met during the enrollment period ending on March 31, 2014. (b) Repeal if target not met Effective June 1, 2014, unless the Comptroller General has certified to Congress under subsection (a) on or before such date that such initial enrollment target has been met during such period, the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I and subtitle B of title II of the Health and Education Reconciliation Act of 2010 ( Public Law 111–152 ), are repealed and the provisions of law amended by Act, title, and subtitle are restored as if such Act, title, and subtitle had not been enacted. (c) Initial enrollment target The initial enrollment target specified in this subsection is that at least 7,000,000 individuals have been successfully enrolled in qualified health plans through an Exchange under the Patient Protection and Affordable Care Act.
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113-hr-3804
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I 113th CONGRESS 1st Session H. R. 3804 IN THE HOUSE OF REPRESENTATIVES December 23, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Armed Services A BILL To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.
1. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3804ih/xml/BILLS-113hr3804ih.xml
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113-hr-3805
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I 113th CONGRESS 1st Session H. R. 3805 IN THE HOUSE OF REPRESENTATIVES December 23, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for the redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies.
1. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies (a) Redesignation The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the Daniel K. Inouye Asia-Pacific Center for Security Studies . (b) Conforming amendments (1) Reference to regional centers for strategic studies Section 184(b)(2)(B) of title 10, United States Code, is amended by striking Asia-Pacific Center for Security Studies and inserting Daniel K. Inouye Asia-Pacific Center for Security Studies . (2) Acceptance of gifts and donations Section 2611(a)(2)(B) of such title is amended by striking Asia-Pacific Center for Security Studies and inserting Daniel K. Inouye Asia-Pacific Center for Security Studies . (c) References Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies.
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113-hr-3806
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I 113th CONGRESS 1st Session H. R. 3806 IN THE HOUSE OF REPRESENTATIVES December 23, 2013 Mr. Meadows introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize payment of funds in accordance with the agreement entered into by the Tennessee Valley Authority, the State of North Carolina, Swain County, North Carolina, and the United States Department of the Interior.
1. Short title This Act may be cited as the Great Smoky Mountains National Park Agreement Act of 2013 . 2. Authorization From funds previously appropriated to the National Park Service in the construction account for that agency in the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), the National Park Service shall expend $4,000,000 for payment consistent with the Memorandum of Agreement entered into by the Tennessee Valley Authority, the State of North Carolina, Swain County, North Carolina, and the United States Department of the Interior, dated February, 2010, that supersedes the agreement of July 30, 1943 (relating to the construction of the North Shore Road from the eastern boundary of Great Smoky Mountains National Park).
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113-hr-3807
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I 113th CONGRESS 1st Session H. R. 3807 IN THE HOUSE OF REPRESENTATIVES December 23, 2013 Mr. Poe of Texas (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on Foreign Affairs , Natural Resources , 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 repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes.
1. Short title This Act may be cited as the Uphold Our Promise to Veterans Act . 2. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. 3. Prohibition on assistance to Egypt and Pakistan (a) Egypt Assistance may not be provided to the Government of Egypt under any provision of law. (b) Pakistan Economic and security assistance may not be provided to the Government of Pakistan under any provision of law. (c) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency beginning with fiscal year 2015. 4. Authorization to sell land (a) Authorization For each of fiscal years 2014 through 2024 or when the authority under this section is terminated in accordance with subsection (d), whichever occurs first, subject to valid existing rights, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, shall offer for competitive sale by auction all right, title, and interest, to the extent provided in subsection (b)(2), in and to the following: (1) Eight percent of the Federal land managed by the Bureau of Land Management. (2) Eight percent of the National Forest System land. (b) Terms and conditions (1) Configuration of land The Secretary concerned shall configure the land to be sold to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (2) Mineral rights For each fiscal year, the Secretary concerned may include in the sale of land under subsection (a) the mineral rights to such land for not more than 50 percent of the total acreage sold under subsection (a) by that Secretary, if the Secretary determines that such inclusion is likely to maximize marketability. (c) Proceeds from the sale of land All proceeds from the sale of land under this section shall be deposited into the Treasury and applied— (1) to reduce the annual Federal budget deficit for the fiscal year in which the sums are received, except as provided in paragraph (2); and (2) if there is no annual Federal budget deficit for the fiscal year in which the sums are received, to reduce the outstanding Federal debt. (d) Termination of authority The authority under this section shall terminate when the proceeds deposited into the Treasury under subsection (c) equal $3,500,000 or at the end of fiscal year 2024, whichever occurs first.
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113-hr-3808
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I 113th CONGRESS 1st Session H. R. 3808 IN THE HOUSE OF REPRESENTATIVES December 23, 2013 Mr. Van Hollen introduced the following bill; which was referred to the Committee on Armed Services , 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 provide that the annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 shall not apply to members retired for disability and to retired pay used to compute certain Survivor Benefit Plan annuities.
1. Inapplicability of annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 to members retired for disability and to retired pay used to compute certain Survivor Benefit Plan annuities (a) Inapplicability Effective as of December 1, 2015, and immediately after the coming into effect of section 403 of the Bipartisan Budget Act of 2013, paragraph (4) of section 1401a(b) of title 10, United States Code, as added by section 403(a) of the Bipartisan Budget Act of 2013, is amended— (1) in subparagraph (A), by inserting after age the following: (other than a member or former member retired under chapter 61 of this title) ; and (2) by adding at the end the following new subparagraph: (F) Inapplicability to amount of retired pay used in computation of SBP annuity for survivors In the computation pursuant to subsection (d) or (f) of section 1448 of this title of an annuity for survivors of a member or person who dies while subject to the application of this paragraph, the amount of the retired pay of such member or person for purposes of such computation shall be the amount of retired pay that would have been payable to such member or person at the time of death without regard to the application of this paragraph. . (b) Exclusion of budgetary effects from PAYGO scorecards (1) Statutory Pay-As-You-Go scorecards The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (2) Senate PAYGO scorecards The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).
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113-hr-3809
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I 113th CONGRESS 1st Session H. R. 3809 IN THE HOUSE OF REPRESENTATIVES December 26, 2013 Mr. Costa 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 treat certain population census tracts for which information is not available as low-income communities for purposes of the new markets tax credit.
1. Certain population census tracts for which information is not available made eligible for new markets tax credit (a) In general Subsection (e) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Special rule for tracts for which information is not available In the case of a population census tract with respect to which the Secretary determines there is insufficient information to determine whether such tract is a low-income community (determined without regard to this paragraph), such tract shall be treated as a low-income community if— (A) such tract is adjacent to two or more low-income communities (determined without regard to this paragraph), and (B) the Secretary does not have information indicating that such tract is not a low-income community (as so determined). . (b) Effective date The amendment made by this section shall apply to investments made after the date of the enactment of this Act.
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113-hr-3810
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I 113th CONGRESS 1st Session H. R. 3810 IN THE HOUSE OF REPRESENTATIVES January 3, 2014 Mr. Hunter 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 provide for the conveyance of the Mt. Soledad Veterans Memorial in San Diego, California.
1. Short title This Act may be cited as the Mount Soledad Veterans Memorial Preservation Act . 2. Land conveyance, Mt. Soledad Veterans Memorial, San Diego, California (a) Conveyance authorized The Secretary of Defense may convey, without consideration, to the Mount Soledad Memorial Association, Inc. (in this section referred to as the Association ), all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial which— (1) is located within the Soledad Natural Park in San Diego, California; (2) was acquired by the United States pursuant to section 2 of Public Law 109–272 (120 Stat. 770; 16 U.S.C. 431 note); and (3) is maintained by the Secretary of Defense through a memorandum of understanding with the Association. (b) Legal description The legal description of the Mt. Soledad Veterans Memorial is provided in section 2(d) of Public Law 109–272 . (c) Payment of costs of conveyance (1) Payment required The Secretary of Defense shall require the Association to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Association in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Association. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Additional terms The Secretary of Defense may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
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113-hr-3811
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IIB 113th CONGRESS 2d Session H. R. 3811 IN THE SENATE OF THE UNITED STATES January 13, 2014 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To require notification of individuals of breaches of personally identifiable information through Exchanges under the Patient Protection and Affordable Care Act.
1. Short title This Act may be cited as the Health Exchange Security and Transparency Act of 2014 . 2. Notification of individuals of breaches of personally identifiable information through PPACA Exchanges Not later than two business days after the discovery of a breach of security of any system maintained by an Exchange established under section 1311 or 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 , 18041) which is known to have resulted in personally identifiable information of an individual being stolen or unlawfully accessed, the Secretary of Health and Human Services shall provide notice of such breach to each such individual.
Passed the House of Representatives January 10, 2014. Karen L. Haas, Clerk
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113-hr-3812
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I 113th CONGRESS 2d Session H. R. 3812 IN THE HOUSE OF REPRESENTATIVES January 7, 2014 Mr. Coffman introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal sections 1341 and 1342 of the Patient Protection and Affordable Care Act.
1. Short title This Act may be cited as the No Bailouts for Insurance Industry Act of 2014 . 2. Repeal of sections 1341 and 1342 of the Patient Protection and Affordable Care Act (a) In general Sections 1341 and 1342 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061 , 18062) are each repealed. (b) Effective date The repeals made by subsection (a) shall take effect on the date of the enactment of this Act, but the repeal of sections 1341 and 1342 shall not apply to plan years and calendar years, respectively, beginning before such date of enactment.
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113-hr-3813
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I 113th CONGRESS 2d Session H. R. 3813 IN THE HOUSE OF REPRESENTATIVES January 7, 2014 Mr. Cicilline introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure and 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 provide a three-month extension for the emergency unemployment compensation program, retroactive to its expiration, and to offset the costs of such extension.
1. Short title This Act may be cited as the Emergency Unemployment Compensation Continuation Act . 2. Continuation of emergency unemployment compensation program (a) Extension of emergency unemployment compensation program (1) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting April 1, 2014 . (2) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (A) in subparagraph (I), by striking and at the end; (B) in subparagraph (J), by inserting and at the end; and (C) by inserting after subparagraph (J) the following: (K) the amendments made by section 2(a) of the Emergency Unemployment Compensation Extension Act ; . (3) Effective date The amendments made by this subsection shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). (b) Temporary extension of extended benefit provisions (1) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (A) by striking December 31, 2013 each place it appears and inserting March 31, 2014 ; and (B) in subsection (c), by striking June 30, 2014 and inserting September 30, 2014 . (2) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting September 30, 2014 . (3) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (A) in subsection (d), by striking December 31, 2013 and inserting March 31, 2014 ; and (B) in subsection (f)(2), by striking December 31, 2013 and inserting March 31, 2014 . (4) Effective date The amendments made by this subsection shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). (c) Extension of funding for reemployment services and reemployment and eligibility assessment activities (1) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through the first quarter of fiscal year 2015 . (2) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). (d) Additional extended unemployment benefits under the railroad unemployment insurance act (1) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (A) by striking June 30, 2013 and inserting September 30, 2013 ; and (B) by striking December 31, 2013 and inserting March 31, 2014 . (2) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (3) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by paragraph (1), to remain available until expended. (e) Flexibility for unemployment program agreements (1) Flexibility (A) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (B) Effective date Subparagraph (A) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (2) Permitting a subsequent agreement Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of paragraph (1), would otherwise meet the requirements for an agreement under such title. 3. Elimination of private jet giveaway (a) In general Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: (v) any general aviation aircraft, and . (b) Class Life Paragraph (3) of section 168(g) of the Internal Revenue Code of 1986 is amended by inserting after subparagraph (E) the following new subparagraph: (F) General aviation aircraft In the case of any general aviation aircraft, the recovery period used for purposes of paragraph (2) shall be 12 years. . (c) General aviation aircraft Subsection (i) of section 168 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new paragraph: (20) General aviation aircraft The term general aviation aircraft means any airplane or helicopter (including airframes and engines) not used in commercial or contract carrying of passengers or freight, but which primarily engages in the carrying of passengers. . (d) Effective date This section shall be effective for property placed in service after December 31, 2012. 4. Adjusted gross income and per person limitations on share of insurance premiums paid by Federal Crop Insurance Corporation Section 508(e)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(1) ) is amended— (1) by striking For the purpose and inserting the following: (A) Payment authority For the purpose ; and (2) by adding at the end the following new subparagraphs: (B) Adjusted gross income limitation The Corporation shall not pay a part of the premium for additional coverage for any person or legal entity that has an average adjusted gross income (as defined in section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a )) in excess of $250,000. (C) Per person limitation The Corporation shall not pay more than $40,000 to any person or legal entity for premiums under this section. . 5. Payment limitations related to crop subsidies (a) In general Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— (1) in subsection (a), by striking paragraph (3) and inserting the following: (3) Legal entity (A) In general The term legal entity means— (i) an organization that (subject to the requirements of this section and section 1001A) is eligible to receive a payment under a provision of law referred to in subsection (b), (c), or (d); (ii) a corporation, joint stock company, association, limited partnership, limited liability company, limited liability partnership, charitable organization, estate, irrevocable trust, grantor of a revocable trust, or other similar entity (as determined by the Secretary); and (iii) an organization that is participating in a farming operation as a partner in a general partnership or as a participant in a joint venture. (B) Exclusion The term legal entity does not include a general partnership or joint venture. ; (2) by striking subsections (b) through (d) and inserting the following: (b) Limitation on payments for covered commodities, cotton, and peanuts The total amount of payments received, directly or indirectly, by a person or legal entity for any crop year for 1 or more covered commodities, cotton, and peanuts under title I of the Food, Conservation, and Energy Act of 2008, any extension of such Act, or title I of the Federal Agriculture Reform and Risk Management Act of 2013 may not exceed $125,000, of which— (1) not more than $75,000 may consist of marketing loan gains and loan deficiency payments received pursuant to such Act; and (2) not more than $50,000 may consist of any other payments made for covered commodities and peanuts under such Acts. (c) Spousal equity (1) In general Notwithstanding subsection (b), except as provided in paragraph (2), if a person and the spouse of the person are covered by paragraph (2) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the person and spouse may jointly receive during any crop year may not exceed an amount equal to twice the applicable dollar amounts specified in subsection (b). (2) Exceptions (A) Separate farming operations In the case of a married couple in which each spouse, before the marriage, was separately engaged in an unrelated farming operation, each spouse shall be treated as a separate person with respect to a farming operation brought into the marriage by a spouse, subject to the condition that the farming operation shall remain a separate farming operation, as determined by the Secretary. (B) Election to receive separate payments A married couple may elect to receive payments separately in the name of each spouse if the total amount of payments and benefits described in subsection (b) that the married couple receives, directly or indirectly, does not exceed an amount equal to twice the applicable dollar amounts specified in those subsections. ; (3) in paragraph (3)(B) of subsection (f), by adding at the end the following: (iii) Irrevocable trusts In promulgating regulations to define the term legal entity as the term applies to irrevocable trusts, the Secretary shall ensure that irrevocable trusts are legitimate entities that have not been created for the purpose of avoiding a payment limitation. ; and (4) in subsection (h), in the second sentence, by striking or other entity and inserting or legal entity . (b) Conforming amendments (1) Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— (A) in subsection (e), by striking subsections (b) and (c) each place it appears in paragraphs (1) and (3)(B) and inserting subsection (b) ; (B) in subsection (f)— (i) in paragraph (2), by striking Subsections (b) and (c) and inserting Subsection (b) ; (ii) in paragraph (4)(B), by striking subsection (b) or (c) and inserting subsection (b) ; (iii) in paragraph (5)— (I) in subparagraph (A), by striking subsection (d) ; and (II) in subparagraph (B), by striking subsection (b), (c), or (d) and inserting subsection (b) ; and (iv) in paragraph (6)— (I) in subparagraph (A), by striking Notwithstanding subsection (d), except as provided in subsection (g) and inserting Except as provided in subsection (f) ; and (II) in subparagraph (B), by striking subsections (b), (c), and (d) and inserting subsection (b) ; (C) in subsection (g)— (i) in paragraph (1)— (I) by striking subsection (f)(6)(A) and inserting subsection (e)(6)(A) ; and (II) by striking subsection (b) or (c) and inserting subsection (b) ; and (ii) in paragraph (2)(A), by striking subsections (b) and (c) and inserting subsection (b) ; and (D) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively. (2) Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— (A) in subsection (a), by striking subsections (b) and (c) of section 1001 and inserting section 1001(b) ; and (B) in subsection (b)(1), by striking subsection (b) or (c) of section 1001 and inserting section 1001(b) . (3) Section 1001B(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–2(a) ) is amended in the matter preceding paragraph (1) by striking subsections (b) and (c) of section 1001 and inserting section 1001(b) . (c) Payments limited to active farmers Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— (1) in subsection (b)(2)— (A) by striking or active personal management each place it appears in subparagraphs (A)(i)(II) and (B)(ii); and (B) in subparagraph (C), by striking , as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management and inserting are met by partners or members making a significant contribution of personal labor, those partners or members ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) the landowner share-rents the land at a rate that is usual and customary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent. ; (B) in paragraph (2)(A), by striking active personal management or ; (C) in paragraph (5)— (i) by striking (5) and all that follows through (A) In general .—A person and inserting the following: (5) Custom farming services A person ; (ii) by inserting under usual and customary terms after services ; and (iii) by striking subparagraph (B); and (D) by adding at the end the following: (7) Farm managers A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person— (A) makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account— (i) the size and complexity of the farming operation; and (ii) the management requirements normally and customarily required by similar farming operations; (B) (i) is the only person in the farming operation qualifying as actively engaged in farming by using the farm manager special class designation under this paragraph; and (ii) together with any other persons in the farming operation qualifying as actively engaged in farming under subsection (b)(2) or as part of a special class under this subsection, does not collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b); (C) does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and (D) manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b). . (d) Application The amendments made by this section shall apply beginning with the 2014 crop year.
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113-hr-3814
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I 113th CONGRESS 2d Session H. R. 3814 IN THE HOUSE OF REPRESENTATIVES January 7, 2014 Mr. Hudson introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Commodity Exchange Act to require the de minimis quantity of swap dealing needed to qualify for exemption from designation as a swap dealer to be changed by a vote of the Commodity Futures Trading Commission.
1. Short title This Act may be cited as the Risk Management Certainty Act . 2. Commission vote required before automatic change of swap dealer de minimis level Section 1a(49)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(49)(D) ) is amended to read as follows: (D) De minimis exception The Commission shall exempt from designation as a swap dealer an entity that engages in a de minimis quantity of swap dealing (which shall not be less than $8,000,000,000) in connection with transactions with or on behalf of its customers. The Commission shall promulgate regulations to establish the factors to be used in a determination to so exempt, including any monetary or other levels established by the Commission, and such levels shall only be amended or changed through an affirmative action of the Commission undertaken by rule or regulation. .
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113-hr-3815
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I 113th CONGRESS 2d Session H. R. 3815 IN THE HOUSE OF REPRESENTATIVES January 7, 2014 Mr. Marino introduced the following bill; which was referred to the Committee on Financial Services , 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 repeal the Biggert-Waters Flood Insurance Reform Act of 2012.
1. Repeal of Biggert-Waters Flood Insurance Reform Act of 2012 Effective as of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (title II of division F of Public Law 112–141 ; 126 Stat. 916), such Act (other than section 100203 (126 Stat. 916)) is repealed, and the provisions of law amended or repealed by such Act (other than by such section 100203) are restored or revived as if such Act had not been enacted. 2. Budgetary effects of this Act 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 Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act.
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113-hr-3816
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I 113th CONGRESS 2d Session H. R. 3816 IN THE HOUSE OF REPRESENTATIVES January 7, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly-passed District laws.
1. Short title; references in Act (a) Short title This Act may be cited as the District of Columbia Paperwork Reduction Act . (b) References in Act Except as may otherwise be provided, whenever in this Act an amendment 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 that section or other provision of the District of Columbia Home Rule Act. 2. Elimination of Congressional review of newly-passed District laws (a) In general Section 602 (sec. 1–206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional resolutions of disapproval (1) In general The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1–206.04, D.C. Official Code). (2) Clerical amendment The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power This subsection and the amendments made by this subsection are enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (c) Conforming amendments (1) District of Columbia Home Rule Act (A) Section 303 (sec. 1–203.03, D.C. Official Code) is amended— (i) in subsection (a), by striking the second sentence; and (ii) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (B) Section 404(e) (sec. 1–204.04(3), D.C. Official Code) is amended by striking subject to the provisions of section 602(c) each place it appears. (C) Section 462 (sec. 1–204.62, D.C. Official Code) is amended— (i) in subsection (a), by striking (a) The Council and inserting The Council ; and (ii) by striking subsections (b) and (c). (D) Section 472(d) (sec. 1–204.72(d), D.C. Official Code) is amended to read as follows: (d) Payments not subject to appropriation The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a). . (E) Section 475(e) (sec. 1–204.75(e), D.C. Official Code) is amended to read as follows: (e) Payments not subject to appropriation The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section. . (2) Other laws (A) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1–204.102(b)(1), D.C. Official Code) is amended by striking the appropriate custodian and all that follows through portion of such act to . (B) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1–204.105, D.C. Official Code) is amended by striking , and such act and all that follows and inserting a period. (C) Section 16 of the District of Columbia Election Code of 1955 (sec. 1–1001.16, D.C. Official Code)— (i) in subsection (j)(2)— (I) by striking sections 404 and 602(c) and inserting section 404 , and (II) by striking the second sentence; and (ii) in subsection (m)— (I) in the first sentence, by striking the appropriate custodian and all that follows through parts of such act to , (II) by striking is held. If, however, after and inserting is held unless, under , and (III) by striking section, the act which and all that follows and inserting section. . 3. Effective date The amendments made by this Act shall apply with respect to each act of the District of Columbia— (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor’s signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2014.
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113-hr-3817
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V 113th CONGRESS 2d Session H. R. 3817 IN THE HOUSE OF REPRESENTATIVES January 7, 2014 Mr. Polis introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Jeanette Vizguerra-Ramirez.
1. Permanent resident status for Jeanette Vizguerra-Ramirez (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jeanette Vizguerra-Ramirez shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Jeanette Vizguerra-Ramirez enters the United States before the filing deadline specified in subsection (c), 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 Jeanette Vizguerra-Ramirez, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Jeanette Vizguerra-Ramirez shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .
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113-hr-3818
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I 113th CONGRESS 2d Session H. R. 3818 IN THE HOUSE OF REPRESENTATIVES January 8, 2014 Mr. Duncan of South Carolina introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal certain amendments to the Energy Policy and Conservation Act with respect to lighting energy efficiency.
1. Short title This Act may be cited as the Thomas Edison BULB Act . 2. Lighting energy efficiency (a) In general Subtitle B of title III of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ) is repealed. (b) Application The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) shall be applied and administered as if subtitle B of title III of the Energy Independence and Security Act of 2007 (and the amendments made by that subtitle) had not been enacted.
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113-hr-3819
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I 113th CONGRESS 2d Session H. R. 3819 IN THE HOUSE OF REPRESENTATIVES January 8, 2014 Mrs. Capito (for herself, Mr. Hensarling , Mr. Bachus , Mr. Garrett , Mr. Neugebauer , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend a provision of the Bank Holding Company Act of 1956 regarding prohibitions on investments in certain funds to clarify that such provision shall not be construed to require the divestiture of certain collateralized debt obligations backed by trust-preferred securities.
1. Short title This Act may be cited as the Fairness for Community Job Creators Act . 2. Rule of construction relating to debt instruments Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 ) is amended by adding at the end the following new subsection: (i) Rule of construction Nothing in this section shall be construed to require the divestiture of any collateralized debt obligations issued before December 10, 2013, that as of December 10, 2013, are predominantly backed by trust-preferred securities. .
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113-hr-3820
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I 113th CONGRESS 2d Session H. R. 3820 IN THE HOUSE OF REPRESENTATIVES January 8, 2014 Ms. Castor of Florida introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To encourage benchmarking and disclosure of energy information for commercial buildings.
1. Energy information for commercial buildings (a) Requirement of benchmarking and disclosure for leasing buildings without energy star labels Section 435(b)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17091(b)(2) ) is amended— (1) by striking paragraph (2) and inserting paragraph (1) ; and (2) by striking signing the contract, and all that follows through the period at the end and inserting the following: signing the contract, the following requirements are met: (A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. (B) (i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces— (I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and (II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. (ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph. . (b) Department of Energy study (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study, with opportunity for public comment— (A) on the impact of— (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers— (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with— (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to Congress At the conclusion of the study, the Secretary shall submit to Congress a report on the results of the study. (c) Creation and maintenance of databases (1) In general Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary, in coordination with other relevant agencies shall, to carry out the purpose described in paragraph (2)— (A) assess existing databases; and (B) as necessary— (i) modify and maintain existing databases; or (ii) create and maintain a new database platform. (2) Purpose The maintenance of existing databases or creation of a new database platform under paragraph (1) shall be for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including— (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) buildings that have received energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, in an anonymous form, unless the owner provides otherwise. (d) Competitive awards Based on the results of the research for the portion of the study described in subsection (b)(1)(A)(ii), and with criteria developed following public notice and comment, the Secretary may make competitive awards to utilities, utility regulators, and utility partners to develop and implement effective and promising programs to provide aggregated whole building energy consumption information to multitenant building owners. (e) Input from stakeholders The Secretary shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (f) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the progress made in complying with this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to remain available until expended.
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113-hr-3821
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I 113th CONGRESS 2d Session H. R. 3821 IN THE HOUSE OF REPRESENTATIVES January 8, 2014 Mrs. Christensen 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 assist in the recovery and development of the Virgin Islands by providing for a reduction in the tax imposed on distributions from certain retirement plans’ assets which are invested for at least 30 years, subject to defined withdrawals, under a Virgin Islands investment program.
1. Short title This Act may be cited as the Derek M. Hodge Virgin Islands Improvement Act of 2013 . 2. Tax-free distributions from certain retirement plan assets invested under a virgin islands investment program (a) In general Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by adding at the end the following new section: 409B. Treatment of distributions from certain retirement plan assets invested under a virgin islands investment program (a) In general If an individual under the age of 61 makes a one-time designation of an amount of qualified retirement savings as being under investment by the Virgin Islands Investment Program for at least 30 years, then, as of the close of the 10th year, such amount (and any earnings properly allocable to such amount) shall be treated for purposes of this title— (1) as a designated Roth account in the case of qualified retirement savings described in subsection (b)(1), or (2) as a Roth IRA in the case of qualified retirement savings described in subsection (b)(2). No amount shall be includible in gross income by reason of the change in treatment under the preceding sentence. (b) Qualified retirement savings For purposes of this section, the term qualified retirement savings means— (1) amounts attributable to elective deferrals under an applicable retirement plan, and (2) amounts held in an individual retirement plan which is not a Roth IRA. (c) Virgin islands investment program For purposes of this section— (1) In general The term Virgin Islands Investment Program means a program of the Virgin Islands which meets the requirements of paragraphs (2), (3), (4), and (5). (2) Maximum amount accepted for management A program meets the requirements of this paragraph if the amount accepted for management under the program does not exceed $50,000,000,000. (3) Fees and taxes A program meets the requirements of this paragraph if— (A) the fees charged by investment managers under the program do not exceed the fees customarily imposed by investment managers for managing like qualified retirement savings outside the Virgin Islands Investment Program, (B) the program imposes an annual tax (in addition to the fees permitted under subparagraph (A)) equal to— (i) 1.5 percent of the amount designated for management under the program for the first 10 years of the account, and (ii) 1 percent of the amount designated for management under the program for the remainder of the life of the account without regard to account balance, and (C) the 1 percent tax is imposed notwithstanding the Roth designation. (4) Investment manager A program meets the requirements of this paragraph if the investment managers under the program are chosen by the Governor of the Virgin Islands. (5) Separate accounting A program meets the requirements of this paragraph if the program— (A) establishes separate accounts for each type of qualified retirement savings held for the benefit of each individual and any earnings properly allocable to such assets, and (B) maintains separate recordkeeping with respect to each account. (d) Use of 1 percent annual tax (1) Revenues to the virgin islands during first 20 years (A) In general Revenues from the tax referred to in subsection (c)(3)(B) shall be collected, held, and distributed for the benefit of the Virgin Islands in a manner similar to section 7652(b) (relating to rum excise tax). (B) Distributions to virgin islands Funds and accrued interest described in subsection (d)(1)(A) may be paid from escrow to the Virgin Islands for expenditure only if— (i) the expenditure is pursuant to a qualified infrastructure development plan, and (ii) the expenditure is approved by the Secretary of the Interior as being pursuant to such plan. (C) Qualified infrastructure development plan For purposes of this paragraph, the term qualified infrastructure development plan means a plan for improving and enhancing the infrastructure of the Virgin Islands which is— (i) developed and approved by the committee described in subparagraph (D), and (ii) approved by the Governor of the Virgin Islands. (D) Committee The committee described in this subparagraph is a committee— (i) comprised of 5 members, each serving a term of either three or five years— (I) 2 of whom are appointed by the Governor of the Virgin Islands, one for a 3-year and one for a 5-year term, (II) 2 of whom are appointed by the Virgin Islands legislature, one for a 3-year and one for a 5-year term, and (III) 1 of whom is appointed by the Secretary of the Interior for a 5-year term, and (ii) with respect to which a vacancy is filled in the manner in which the original appointment was made. (2) Revenues to the united states and the virgin islands (A) During first 20 years Revenues from the fee referred to in subsection (c)(3)(B) imposed on designated assets after the first 10 years under management by the Virgin Islands Investment Program shall be collected by the United States Treasury in a manner similar to section 7652, upon which— (i) 26.67 percent of the proceeds shall be distributed to the Virgin Islands for the first 10 years of management, and (ii) half of the proceeds shall be distributed to the Virgin Islands for the next 10 years of management. (B) After the first 20 years Beginning in the 21st year, the entire 1 percent tax collected shall be retained by the United States Treasury. (C) Minimum holding period No withdrawals may be made by an investor from the account during the minimum holding period of ten years. Should the investor choose to withdraw money from the account during the minimum holding period, the investor would forfeit the tax advantages of the Fund. Any funds so withdrawn would be included in gross income and subject to Federal income tax, minus payments of the 1 percent tax. (3) Early withdrawal Should an investor withdraw the entire balance of the funds after the 10-year minimum holding period but before the end of the 30 years, his account will be liable for the entire 1 percent tax for each of the remaining years. (e) Other definitions For purposes of this section— (1) Elective deferrals; applicable retirement plan The terms elective deferrals and applicable retirement plan have the respective meanings given such terms by section 402A. (2) Virgin islands The term Virgin Islands means the United States Virgin Islands. (3) Secretary of the interior The term Secretary of the Interior means the Secretary of the Interior or his designee. . (b) Clerical amendment The table of sections for such part I is amended by adding at the end the following new item: Sec. 409B. Treatment of distributions from certain retirement plan assets invested under a Virgin Islands investment program. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.
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113-hr-3822
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I 113th CONGRESS 2d Session H. R. 3822 IN THE HOUSE OF REPRESENTATIVES January 8, 2014 Mr. Ben Ray Luján of New Mexico (for himself and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the implementation of the property division regarding former Fort Wingate Depot Activity in McKinley County, New Mexico, and for other purposes.
1. Short title This Act may be cited as the Fort Wingate Land Division Act of 2014 . 2. Findings Congress finds the following: (1) In January 1993, the active mission of the Fort Wingate Depot Activity, located in McKinley County, New Mexico (in this Act referred to as Former Fort Wingate Depot Activity ), ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note). (2) The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and the Navajo Nation, as indicated by tribal ancestral histories and the large number of archeological and cultural sites identified on the lands. (3) The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that, upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. (4) On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through their respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Luján and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. (5) In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled Fort Wingate Depot Activity Negotiated Property Division July 2013 prepared by the Army Corps of Engineers (in this Act referred to as the Map ), and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. (6) This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. 3. Division and treatment of lands of Former Fort Wingate Depot Activity, New Mexico, to benefit Zuni Tribe and Navajo Nation (a) Immediate trust on behalf of Zuni tribe; exception Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni Reservation, unless the Zuni Tribe elects under subparagraphs (B) and (C) of subsection (c)(3) to have specified parcels of the lands conveyed to the Zuni Tribe in Restricted Fee Status. (b) Immediate trust on behalf of Navajo Nation; exception Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in green on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects under subsection (c)(3) to have specified parcels of the lands conveyed to the Navajo Nation in restricted fee status. (c) Subsequent transfer and trust; restricted fee status alternative (1) Transfer upon completion of remediation Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. (2) Notification of transfer Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. (3) Trust or Restricted Fee Status (A) Trust Except as provided in subparagraph (B), the Secretary of Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust— (i) for the Zuni Tribe, in the case of land depicted in blue on the Map; or (ii) for the Navajo Nation, in the case of land depicted in green on the Map. (B) Restricted fee status alternative In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. (C) Notification of election Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. (D) Conveyance As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than six months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. (E) Restricted Fee Status defined For purposes of this Act only, the term restricted fee status , with respect to land conveyed under subparagraph (D), means that the land so conveyed— (i) shall be owned in fee by the Indian tribe to whom the land is conveyed; (ii) shall be part of the Indian tribe’s Reservation and expressly made subject to the jurisdiction of the Indian Tribe; (iii) shall not be sold by the Indian tribe without the consent of Congress; (iv) shall not be subject to taxation by any government other than the government of the Indian tribe; and (v) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. (d) Survey and boundary requirements (1) In general The Secretary of the Interior shall— (A) provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c); and (B) establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. (2) Consultation Not later than 90 days after the date of the enactment of this Act, the Secretary of Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. (e) Relation to certain regulations Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). 4. Retention of necessary easements and access (a) Easements for Cleanup and Remediation The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. (b) Shared access (1) Parcel 1 Shared Cultural and religious Access In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within one year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. (2) Other shared access Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. (c) I-25 Frontage Road entrance The entire access road for Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 25 and leads to the parcel of Former Fort Wingate Depot Activity depicted as administration area on the Map, shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. (d) Department of Defense Access to Missile Defense Agency facility Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to such easements as may be reasonably required to permit Department of Defense access to the Missile Defense Agency facility at Former Fort Wingate Depot Activity. 5. Environmental remediation (a) Responsibility for Cleanup Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. (b) Liability Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (c) Treatment of claims against tribes (1) In general The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (2) Notification requirement After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. (d) Effect of environmental certification Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.
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113-hr-3823
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V 113th CONGRESS 2d Session H. R. 3823 IN THE HOUSE OF REPRESENTATIVES January 8, 2014 Mr. Tiberi introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of John Cheruiyot Kemboi and Winnie Njeri Kemboi.
1. Permanent resident status for John Cheruiyot Kemboi and Winnie Njeri Kemboi (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, John Cheruiyot Kemboi and Winnie Njeri Kemboi 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 John Cheruiyot Kemboi or Winnie Njeri Kemboi 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 John Cheruiyot Kemboi and Winnie Njeri Kemboi, 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 John Cheruiyot Kemboi and Winnie Njeri Kemboi shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
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113-hr-3824
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I 113th CONGRESS 2d Session H. R. 3824 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Tierney (for himself, Mr. Kildee , Mr. Sean Patrick Maloney of New York , Ms. Norton , Mr. DeFazio , Mr. Dingell , Mr. Pallone , Ms. Waters , Mr. Cummings , Mr. Capuano , Mr. Vargas , Ms. Lee of California , Mr. Loebsack , Mr. Garcia , Mr. Cartwright , Ms. Kuster , Ms. Shea-Porter , Mr. Horsford , and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the extension of certain unemployment benefits, and for other purposes.
1. Short title This Act may be cited as the Emergency Unemployment Compensation Extension Act . 2. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting April 1, 2014 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendments made by section 2(a) of the Emergency Unemployment Compensation Extension Act ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting March 31, 2014 ; and (2) in subsection (c), by striking June 30, 2014 and inserting September 30, 2014 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting September 30, 2014 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting March 31, 2014 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting March 31, 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through the first quarter of fiscal year 2015 . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 5. Additional extended unemployment benefits under the railroad unemployment insurance act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (1) by striking June 30, 2013 and inserting September 30, 2013 ; and (2) by striking December 31, 2013 and inserting March 31, 2014 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 6. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title.
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113-hr-3825
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I 113th CONGRESS 2d Session H. R. 3825 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Smith of Washington (for himself, Mr. Cohen , Mr. Sires , and Ms. Hahn ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , 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 establish the National Freight Mobility Infrastructure Improvement Program to improve freight mobility in the United States, to establish the National Freight Mobility Infrastructure Fund, and for other purposes.
1. Short title This Act may be cited as the Freight Infrastructure Reinvestment Act of 2013 . 2. National Freight Mobility Infrastructure Improvement Program (a) Establishment The Secretary of Transportation shall establish a National Freight Mobility Infrastructure Improvement Program under which the Secretary is authorized to make grants, on a competitive basis, to States and designated entities for eligible costs associated with projects to improve efficiency and capacity with respect to freight mobility in the United States. (b) Grant applications (1) In general To be eligible to receive a grant under the program a State or designated entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (2) Solicitation The Secretary shall conduct a national solicitation for applications under the program. (c) Grant criteria (1) Establishment The Secretary, in accordance with this subsection, shall establish criteria for selecting among applications submitted for grants under the program. (2) Requirements A project is eligible for a grant under the program only if the Secretary determines that the project— (A) is of national or regional significance, including projects to assist— (i) the construction of grade separations at railroad, highway, and railroad-highway junctions; (ii) the construction of railroad bypasses and spurs; (iii) the construction of railroad side tracks; (iv) the expansion of rail and highway tunnels to accommodate wider, taller, and additional volumes of vehicular and rail freight and container stacks; (v) the addition of railroad track and intermodal facilities at international gateways, land, air, and sea ports, points of congestion, and logistic centers; (vi) highway and road construction (including reinforcement for heavy weight vehicles and heavy traffic volume) at international gateways, land, air, and sea ports, points of congestion, and logistic centers to better accommodate and speed the flow of freight traffic; (vii) the construction and improvement of rail and highway bridges that carry a substantial amount of freight; (viii) the construction of highway ramps built to carry a substantial amount of freight; and (ix) the construction of highway lanes, including lanes that segregate freight and passenger vehicular traffic; (B) will improve freight mobility, capacity, and efficiency in the United States; (C) is cost effective; (D) is based on the results of preliminary engineering; (E) is justified based on the extent to which the project— (i) will enhance State, regional, or national economic development, performance, and efficiency as measured by— (I) the creation of new businesses and jobs and the retention of existing businesses and jobs; (II) State and local tax receipts; and (III) improved safety, as measured by reductions in accidents, injuries, and fatalities; and (ii) will maximize economic opportunities for communities; and (F) is supported by an acceptable degree of non-Federal financial commitments, including that— (i) the project provides for the availability of contingency amounts that, as determined by the Secretary, are reasonable to cover unanticipated cost increases; and (ii) each proposed non-Federal source of financing is stable, reliable, and available within the project timetable. (3) Considerations In selecting a project for a grant under the program, the Secretary shall consider the extent to which the project— (A) meets the requirements specified in paragraph (2); (B) complements and supports the objectives of applicable freight plans developed by States under section 1118 of MAP–21 ( 23 U.S.C. 167 note); (C) facilitates freight throughput of higher volume and values; (D) uses operational efficiencies, including intelligent transportation systems, that enhance the efficiency or effectiveness (or both) of the project; (E) helps maintain or protect the environment; and (F) improves or enhances segments of the primary freight network designated under section 167(d) of title 23, United States Code. (d) Notice to Congress Not less than 90 days before making a grant under the program, the Secretary shall submit to Congress written notice of the grant. (e) Funding The Secretary shall carry out the program using amounts made available to the Secretary from the National Freight Mobility Infrastructure Fund established under section 9512 of the Internal Revenue Code of 1986. (f) Limitation on grant distribution Not more than 10 percent of the amounts available during a fiscal year for grants under the program may be used for projects located in a single State. (g) Full funding grant agreements The Secretary may enter into a grant under the program that provides funding for a project in more than one fiscal year. An agreement for such a grant shall— (1) establish the maximum amount of Federal financial assistance for the project; (2) establish the time period for Federal financial assistance for the project; (3) provide grant funds for the fiscal year in which the grant is made; and (4) include a commitment, that is not an obligation of the Federal Government and that is contingent on the availability of funds, for grant amounts to be provided in fiscal years following the fiscal year in which the grant is made. (h) Non-Federal financial commitments (1) Federal share The Federal share of the cost of a project for which a grant is made under the program, as estimated by the Secretary, shall be not more than 80 percent. (2) Considerations In assessing the stability, reliability, and availability of proposed sources of non-Federal financing for purposes of subsection (c)(2)(F)(ii), the Secretary shall consider— (A) existing financial commitments; (B) the degree to which financing sources are dedicated to the purposes proposed; (C) any debt obligation that exists or is proposed by the grant recipient for the proposed project; and (D) the extent to which the project has a non-Federal financial commitment that exceeds the required non-Federal share of the cost of the project. (i) Highway construction A grant made to assist the construction of a highway under the program shall be subject to the requirements relating to such construction under title 23, United States Code. (j) Other terms and conditions The Secretary shall ensure that all grants made under the program are subject to terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under the program. (k) Administrative costs In carrying out the program, the Secretary shall seek to minimize administrative costs, including overhead, enforcement, and auditing costs related to the program. (l) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the activities of the Secretary under the program. (m) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this section. (n) Definitions In this section, the following definitions apply: (1) Designated entity The term designated entity means— (A) an entity designated by the chief executive officer of a State (or the chief executive officer’s designee) as eligible to apply for and receive funding under the program; (B) a regional authority responsible under the laws of a State for a project eligible for funding under the program; and (C) a public port. (2) Eligible costs The term eligible costs means the costs of a project with respect to— (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, acquisition of real property (including land related to a project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. (3) Program The term program means the National Freight Mobility Infrastructure Improvement Program established under subsection (a). (4) State The term State has the meaning given such term in section 101(a) of title 23, United States Code. 3. Freight mobility infrastructure tax (a) Imposition of tax Chapter 33 of the Internal Revenue Code of 1986 is amended by adding after subchapter C the following new subchapter: D Transportation by Freight and Highway Sec. 4286. Imposition of tax. 4286. Imposition of tax (a) In general There is hereby imposed upon taxable ground transportation of property within the United States a tax equal to 1 percent of the amount paid for such transportation. (b) By whom paid (1) In general Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid— (A) by the person making the payment subject to tax, or (B) in the case of transportation by a related person, by the person for whom such transportation is made. (2) Payments made outside the United States If a payment subject to tax under subsection (a) is made outside the United States and the person making such payment does not pay such tax, such tax— (A) shall be paid by the person to whom the property is delivered in the United States after the final segment of transportation in the United States, and (B) shall be collected by the person furnishing the last segment of such transportation. (3) Determinations of amounts paid in certain cases For purposes of this section, rules similar to the rules of section 4271(c) shall apply. (c) Transportation by related persons In the case of transportation of property by the taxpayer or a person related to the taxpayer, the fair market value of such transportation shall be the amount which would be paid for transporting such property if such property were transported by an unrelated person, determined on an arms’ length basis. (d) Definitions For purposes of this subchapter— (1) Taxable ground transportation (A) In general The term taxable ground transportation means transportation of property by— (i) freight rail, or (ii) commercial motor vehicle (as defined in section 31101(1) of title 49, United States Code) for a distance of more than 50 miles. (B) Passenger baggage excluded For purposes of subparagraph (A), the term property does not include baggage accompanying a passenger traveling on an established line. (2) Related person A person (hereinafter in this paragraph referred to as the related person ) is related to any person if— (A) the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or (B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) and 707(b)(1), 10 percent shall be substituted for 50 percent . (e) Transfer of amounts equivalent to tax to national freight mobility infrastructure fund There are hereby appropriated to the National Freight Mobility Infrastructure Fund amounts equivalent to the taxes received in the Treasury under subsection (a). (f) Exemption for United States and possessions and State and local governments The tax imposed by subsection (a) shall not apply to the transportation of property purchased for the exclusive use of the United States, or any State or political subdivision thereof. . (b) Credits or refunds to persons who collected certain taxes Section 6415 of such Code is amended by striking or 4271 each place it appears and inserting 4271, or 4286 . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out the amendments made by this section. (d) Effective date The amendments made by this section shall apply to transportation beginning on or after the last day of the 180-day period beginning on the date of the issuance of regulations under subsection (c). 4. National Freight Mobility Infrastructure Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. National Freight Mobility Infrastructure Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the National Freight Mobility Infrastructure Fund (hereinafter in this section referred to as the Fund ) consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b). (b) Transfers to the fund There are hereby appropriated to the Fund amounts equivalent to taxes received in the Treasury under section 4286. (c) Expenditures from fund Amounts in the Fund shall be made available to the Secretary of Transportation for each of the fiscal years 2014 to 2039, without further appropriation, for making expenditures to meet the obligations of the United States to carry out section 2 of the Freight Infrastructure Reinvestment Act of 2013, not more than 4 percent of which for any fiscal year may be used for administrative expenses. .
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113-hr-3826
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I 113th CONGRESS 2d Session H. R. 3826 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Whitfield (for himself, Mr. Aderholt , Mr. Barr , Mr. Barletta , Mr. Barrow of Georgia , Mr. Barton , Mr. Bilirakis , Mr. Brooks of Alabama , Mrs. Capito , Mr. Cassidy , Mr. Conaway , Mr. Cotton , Mr. Cramer , Mr. Crawford , Mr. Daines , Mr. Rodney Davis of Illinois , Mrs. Ellmers , Mr. Enyart , Mr. Gardner , Mr. Griffin of Arkansas , Mr. Griffith of Virginia , Mr. Guthrie , Mr. Hall , Mr. Harris , Mrs. Hartzler , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Lamborn , Mr. Latta , Mr. Long , Mrs. Lummis , Mr. Matheson , Mr. McKinley , Mr. Murphy of Pennsylvania , Mr. Olson , Mr. Peterson , Mr. Pitts , Mr. Pompeo , Mr. Rahall , Mr. Roe of Tennessee , Mr. Rogers of Kentucky , Mr. Rokita , Mr. Ross , Mr. Rothfus , Mr. Scalise , Mr. Sensenbrenner , Ms. Sewell of Alabama , Mr. Shimkus , Mr. Smith of Nebraska , Mr. Smith of Missouri , Mr. Stivers , Mr. Terry , Mr. Thompson of Pennsylvania , Mr. Tiberi , Mrs. Wagner , Mrs. Walorski , Mr. Westmoreland , Mr. Womack , Mr. Young of Alaska , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes.
1. Short title This Act may be cited as the Electricity Security and Affordability Act . 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that establishes a standard of performance for emissions of any greenhouse gas from any new source that is a fossil fuel-fired electric utility generating unit unless such rule meets the requirements under subsections (b) and (c). (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing standards of performance for emissions of any greenhouse gas from new sources that are fossil fuel-fired electric utility generating units, the Administrator of the Environmental Protection Agency (for purposes of establishing such standards)— (1) shall separate sources fueled with coal and natural gas into separate categories; and (2) shall not set a standard based on the best system of emission reduction for new sources within the coal category unless— (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within such category— (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units per pound. (2) Standard Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator of the Environmental Protection Agency shall not set a standard based on the best system of emission reduction unless— (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory— (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. 3. Congress To set effective date for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator of the Environmental Protection Agency under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that— (1) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or (2) apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. (b) Congress To set effective date A rule or guidelines described in subsection (a) shall not take effect unless a Federal law is enacted specifying such rule’s or guidelines’ effective date. (c) Reporting A rule or guidelines described in subsection (a) shall not take effect unless the Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; and (B) electricity ratepayers, including low-income ratepayers in affected States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2011–0660. (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2013–0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that— (A) are issued prior to the date of the enactment of this Act; and (B) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit or apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received government funding or financial assistance. (2) Existing source The term existing source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except such term shall not include any modified source. (3) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (5) Modified source The term modified source means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source The term new source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except that such term shall not include any modified source.
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113-hr-3827
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I 113th CONGRESS 2d Session H. R. 3827 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the United States from providing financial assistance to Benin until Mr. Mojaidou Soumanou is released from prison.
1. Prohibition on Foreign Assistance to Benin The United States may not obligate or expend any direct financial assistance to the Government of the Republic of Benin unless— (1) Mr. Mojaidou Soumanou is released from prison; or (2) the U.S. Secretary of State determines that such assistance is needed as emergency disaster relief.
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113-hr-3828
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I 113th CONGRESS 2d Session H. R. 3828 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Cartwright introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Labor, in consultation with the Secretary of Health and Human Services, to draft disclosures describing the rights and liabilities of customers of domestic care services and require that such services provide such disclosures to customers in any contract for such services.
1. Short title This Act may be cited as the Notification of Your Eldercare Rights Act . 2. Disclosure of rights and liabilities of customers of domestic care services (a) Draft disclosure document and requirement To include in contract Not later than one year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall— (1) draft a two-page disclosure document including the disclosures described in subsection (b); and (2) require, by rule, that any provider of domestic care services— (A) provide such disclosure document to each customer prior to entering into contract with such customer for the provision of such services; and (B) disclose to the customer whether the individual or individuals who will provide such services are employees of the provider of domestic care services or independent contractors for purposes of treatment under the Fair Labor Standards Act of 1938. (b) Required disclosures The disclosures required to be included on the disclosure document described in subsection (a) shall include— (1) information substantially similar to the information contained on Fact Sheets 79 and 79B issued by the Wage and Hour Division of the Department of Labor and relating to private homes and domestic service employment and live-in domestic service workers, respectively, under the Fair Labor Standards Act of 1938; (2) simple, plain-language explanation of the difference between employees of the provider of domestic care services or independent contractors, for purposes of treatment under the Fair Labor Standards Act of 1938; and (3) disclosures regarding— (A) the rights and legal liabilities of the customer with respect to any employee or independent contractor, including rights of action; (B) the presence or lack of vicarious liability of the provider of domestic care services with respect to an employee or independent contractor; and (C) any liability the customer might have with respect to keeping their property free from unreasonable risk of harm. 3. Enforcement (a) Prohibited Act Beginning on the effective date of the rule required by section 2, it shall be unlawful for any provider of domestic care services to enter into contract with any customer for the provision of such services without first providing the prospective customer with the disclosure document required by section 2. (b) Penalty Any person who violates subsection (a) shall be subject to a civil penalty not to exceed $1,100 per violation. Any person who violates subsection (a) having previously been assessed a civil penalty under this section, or who knowingly violates subsection (a), shall be subject to a civil penalty not to exceed $5,000 per violation. 4. Definitions As used in this Act— (1) the term domestic care services means those services described in section 13(a)(15) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(15) ); and (2) the term provider of domestic care services means a business that employs or contracts with individuals who provide domestic care services to customers of the business.
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113-hr-3829
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I 113th CONGRESS 2d Session H. R. 3829 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Weber of Texas (for himself, Mr. Harris , Mr. Rice of South Carolina , Mr. LaMalfa , Mr. Gohmert , Mr. Hall , Mr. Carter , Mr. Yoho , Mr. Flores , Mr. Wolf , Mr. Latta , Mr. Bishop of Utah , Mr. Pittenger , Mr. Conaway , Mrs. Bachmann , Mr. Fleming , Mr. Lankford , Mr. Bridenstine , Mr. Jordan , Mr. Pitts , Mr. Pompeo , Mr. Neugebauer , Mr. Culberson , Ms. Granger , Mr. Sam Johnson of Texas , Mr. Marchant , Mr. Olson , and Mr. Webster of Florida ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 1 of title 1, United States Code, with regard to the definition of marriage and spouse for Federal purposes and to ensure respect for State regulation of marriage.
1. Short title This Act may be cited as the State Marriage Defense Act of 2014 . 2. Findings Congress finds the following: (1) Congress affirms the States’ legitimate and proper public policy interests in regulating domestic relations and in defining marriage for the residents of their States. (2) Despite striking down section 3 of the Defense of Marriage Act, the Supreme Court ruling in United States v. Windsor did not institute a new Federal definition of marriage that includes same sex marriage. Instead, United States v. Windsor specifically required the Federal Government to defer to state sovereign choices about who may be married in determining marital status for Federal purposes. (3) United States v. Windsor reaffirmed that the historic and essential authority to define the marital relation rests with the States and criticized Federal actions that put a thumb on the scales and influence a state’s decision as to how to shape its own marriage laws . (4) Congress recognizes that current actions by the Federal Government to afford benefits to certain relationships not recognized as marriages by a person’s State of residence go beyond the Supreme Court’s ruling in United States v. Windsor. These Federal actions create two contradictory marriage regimes within the same State, in direct contradiction of United States v. Windsor. (5) Actions taken by the Federal Government to grant recognition of marital status for persons not recognized as married in their State of domicile undermine a State’s legitimate authority to define marriage for its residents. 3. Amendment to definition of marriage for Federal purposes Section 7 of title 1, United States Code, is amended to read as follows: 7. Definition of Marriage and Spouse In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, as applied with respect to individuals domiciled in a State or in any other territory or possession of the United States the term marriage shall not include any relationship which that State, territory, or possession does not recognize as a marriage, and the term spouse shall not include an individual who is a party to a relationship that is not recognized as a marriage by that State, territory, or possession. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3829ih/xml/BILLS-113hr3829ih.xml
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113-hr-3830
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I 113th CONGRESS 2d Session H. R. 3830 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Camp (for himself, Mr. Sessions , and Mr. Nunes ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on 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 establish congressional trade negotiating objectives and enhanced consultation requirements for trade negotiations, to provide for consideration of trade agreements, and for other purposes.
1. Short title This Act may be cited as the Bipartisan Congressional Trade Priorities Act of 2014 . 2. Trade negotiating objectives (a) Overall trade negotiating objectives The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 3 are— (1) to obtain more open, equitable, and reciprocal market access; (2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and investment and that decrease market opportunities for United States exports or otherwise distort United States trade; (3) to further strengthen the system of international trade and investment disciplines and procedures, including dispute settlement; (4) to foster economic growth, raise living standards, enhance the competitiveness of the United States, promote full employment in the United States, and enhance the global economy; (5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world’s resources; (6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as set out in section 11(7)) and an understanding of the relationship between trade and worker rights; (7) to seek provisions in trade agreements under which parties to those agreements ensure that they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade; (8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and expanded export market opportunities, and provide for the reduction or elimination of trade and investment barriers that disproportionately impact small businesses; (9) to promote universal ratification and full compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor; (10) to ensure that trade agreements reflect and facilitate the increasingly interrelated, multi-sectoral nature of trade and investment activity; (11) to ensure implementation of trade commitments and obligations by strengthening the effective operation of legal regimes and the rule of law by trading partners of the United States through capacity building and other appropriate means; (12) to recognize the growing significance of the Internet as a trading platform in international commerce; and (13) to take into account other legitimate United States domestic objectives, including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto. (b) Principal trade negotiating objectives (1) Trade in goods The principal negotiating objectives of the United States regarding trade in goods are— (A) to expand competitive market opportunities for exports of goods from the United States and to obtain fairer and more open conditions of trade, including through the utilization of global value chains, by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and (B) to obtain reciprocal tariff and nontariff barrier elimination agreements, including with respect to those tariff categories covered in section 111(b) of the Uruguay Round Agreements Act ( 19 U.S.C. 3521(b) ). (2) Trade in services (A) The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing or eliminating barriers to international trade in services, such as regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers. (B) Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates trade, the objective described in subparagraph (A) should be pursued through all means, including through a plurilateral agreement with those countries willing and able to undertake high standard services commitments for both existing and new services. (3) Trade in agriculture The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value added commodities by— (A) securing more open and equitable market access through robust rules on sanitary and phytosanitary measures that— (i) encourage the adoption of international standards and require a science-based justification be provided for a sanitary or phytosanitary measure if the measure is more restrictive than the applicable international standard; (ii) improve regulatory coherence, promote the use of systems-based approaches, and appropriately recognize the equivalence of health and safety protection systems of exporting countries; (iii) require that measures are transparently developed and implemented, are based on risk assessments that take into account relevant international guidelines and scientific data, and are not more restrictive on trade than necessary to meet the intended purpose; and (iv) improve import check processes, including testing methodologies and procedures, and certification requirements, while recognizing that countries may put in place measures to protect human, animal or plant life or health in a manner consistent with their international obligations, including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (referred to in section 101(d)(3) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(3) )); (B) reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for United States exports— (i) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and (ii) providing reasonable adjustment periods for United States import sensitive products, in close consultation with Congress on such products before initiating tariff reduction negotiations; (C) reducing tariffs to levels that are the same as or lower than those in the United States; (D) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United States; (E) allowing the preservation of programs that support family farms and rural communities but do not distort trade; (F) developing disciplines for domestic support programs, so that production that is in excess of domestic food security needs is sold at world prices; (G) eliminating government policies that create price depressing surpluses; (H) eliminating state trading enterprises whenever possible; (I) developing, strengthening, and clarifying rules to eliminate practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, and ensuring that such rules are subject to efficient, timely, and effective dispute settlement, including— (i) unfair or trade distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency in the operation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting; (ii) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology; (iii) unjustified sanitary or phytosanitary restrictions, including restrictions not based on scientific principles in contravention of obligations in the Uruguay Round Agreements or bilateral or regional trade agreements; (iv) other unjustified technical barriers to trade; and (v) restrictive rules in the administration of tariff rate quotas; (J) eliminating practices that adversely affect trade in perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of perishable and cyclical agriculture; (K) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries; (L) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements; (M) taking into account whether a product is subject to market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements; (N) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture; (O) taking into account the impact that agreements covering agriculture to which the United States is a party have on the United States agricultural industry; (P) maintaining bona fide food assistance programs, market development programs, and export credit programs; (Q) seeking to secure the broadest market access possible in multilateral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import sensitive commodities (including those subject to tariff rate quotas); (R) seeking to develop an international consensus on the treatment of seasonal or perishable agricultural products in investigations relating to dumping and safeguards and in any other relevant area; (S) seeking to establish the common base year for calculating the Aggregated Measurement of Support (as defined in the Agreement on Agriculture) as the end of each country’s Uruguay Round implementation period, as reported in each country’s Uruguay Round market access schedule; (T) ensuring transparency in the administration of tariff rate quotas through multilateral, plurilateral, and bilateral negotiations; and (U) eliminating and preventing the undermining of market access for United States products through improper use of a country’s system for protecting or recognizing geographical indications, including failing to ensure transparency and procedural fairness and protecting generic terms. (4) Foreign investment Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to reduce or eliminate artificial or trade distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights comparable to those that would be available under United States legal principles and practice, by— (A) reducing or eliminating exceptions to the principle of national treatment; (B) freeing the transfer of funds relating to investments; (C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the establishment and operation of investments; (D) seeking to establish standards for expropriation and compensation for expropriation, consistent with United States legal principles and practice; (E) seeking to establish standards for fair and equitable treatment consistent with United States legal principles and practice, including the principle of due process; (F) providing meaningful procedures for resolving investment disputes; (G) seeking to improve mechanisms used to resolve disputes between an investor and a government through— (i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims; (ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims; (iii) procedures to enhance opportunities for public input into the formulation of government positions; and (iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provisions in trade agreements; and (H) ensuring the fullest measure of transparency in the dispute settlement mechanism, to the extent consistent with the need to protect information that is classified or business confidential, by— (i) ensuring that all requests for dispute settlement are promptly made public; (ii) ensuring that— (I) all proceedings, submissions, findings, and decisions are promptly made public; and (II) all hearings are open to the public; and (iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and nongovernmental organizations. (5) Intellectual property The principal negotiating objectives of the United States regarding trade related intellectual property are— (A) to further promote adequate and effective protection of intellectual property rights, including through— (i) (I) ensuring accelerated and full implementation of the Agreement on Trade Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(15) ), particularly with respect to meeting enforcement obligations under that agreement; and (II) ensuring that the provisions of any trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law; (ii) providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property, including in a manner that facilitates legitimate digital trade; (iii) preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights; (iv) ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; (v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms; and (vi) preventing or eliminating government involvement in the violation of intellectual property rights, including cyber theft and piracy; (B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection; and (C) to respect the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001, and to ensure that trade agreements foster innovation and promote access to medicines. (6) Digital trade in goods and services and cross-border data flows The principal negotiating objectives of the United States with respect to digital trade in goods and services, as well as cross-border data flows, are— (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data flows; (B) to ensure that— (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and (ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully encompassing both existing and new trade; (C) to ensure that governments refrain from implementing trade related measures that impede digital trade in goods and services, restrict cross-border data flows, or require local storage or processing of data; (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions. (7) Regulatory practices The principal negotiating objectives of the United States regarding the use of government regulation or other practices to reduce market access for United States goods, services, and investments are— (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations; (B) to require that proposed regulations be based on sound science, cost benefit analysis, risk assessment, or other objective evidence; (C) to establish consultative mechanisms and seek other commitments, as appropriate, to improve regulatory practices and promote increased regulatory coherence, including through— (i) transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes; (ii) the elimination of redundancies in testing and certification; (iii) early consultations on significant regulations; (iv) the use of impact assessments; (v) the periodic review of existing regulatory measures; and (vi) the application of good regulatory practices; (D) to seek greater openness, transparency, and convergence of standards-development processes, and enhance cooperation on standards issues globally; (E) to promote regulatory compatibility through harmonization, equivalence, or mutual recognition of different regulations and standards and to encourage the use of international and interoperable standards, as appropriate; (F) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products; (G) to ensure that government regulatory reimbursement regimes are transparent, provide procedural fairness, are non-discriminatory, and provide full market access for United States products; and (H) to ensure that foreign governments— (i) demonstrate that the collection of undisclosed proprietary information is limited to that necessary to satisfy a legitimate and justifiable regulatory interest; and (ii) protect such information against disclosure, except in exceptional circumstances to protect the public, or where such information is effectively protected against unfair competition. (8) State-owned and state-controlled enterprises The principal negotiating objective of the United States regarding competition by state-owned and state-controlled enterprises is to seek commitments that— (A) eliminate or prevent trade distortions and unfair competition favoring state-owned and state-controlled enterprises to the extent of their engagement in commercial activity, and (B) ensure that such engagement is based solely on commercial considerations, in particular through disciplines that eliminate or prevent discrimination and market-distorting subsidies and that promote transparency. (9) Localization barriers to trade The principal negotiating objective of the United States with respect to localization barriers is to eliminate and prevent measures that require United States producers and service providers to locate facilities, intellectual property, or other assets in a country as a market access or investment condition, including indigenous innovation measures. (10) Labor and the environment The principal negotiating objectives of the United States with respect to labor and the environment are— (A) to ensure that a party to a trade agreement with the United States— (i) adopts and maintains measures implementing internationally recognized core labor standards (as defined in section 11(17)) and its obligations under common multilateral environmental agreements (as defined in section 11(6)), (ii) does not waive or otherwise derogate from, or offer to waive or otherwise derogate from— (I) its statutes or regulations implementing internationally recognized core labor standards (as defined in section 11(17)), in a manner affecting trade or investment between the United States and that party, where the waiver or derogation would be inconsistent with one or more such standards, or (II) its environmental laws in a manner that weakens or reduces the protections afforded in those laws and in a manner affecting trade or investment between the United States and that party, except as provided in its law and provided not inconsistent with its obligations under common multilateral environmental agreements (as defined in section 11(6)) or other provisions of the trade agreement specifically agreed upon, and (iii) does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the United States and that party after entry into force of a trade agreement between those countries; (B) to recognize that— (i) with respect to environment, parties to a trade agreement retain the right to exercise prosecutorial discretion and to make decisions regarding the allocation of enforcement resources with respect to other environmental laws determined to have higher priorities, and a party is effectively enforcing its laws if a course of action or inaction reflects a reasonable, bona fide exercise of such discretion, or results from a reasonable, bona fide decision regarding the allocation of resources; and (ii) with respect to labor, decisions regarding the distribution of enforcement resources are not a reason for not complying with a party’s labor obligations; a party to a trade agreement retains the right to reasonable exercise of discretion and to make bona fide decisions regarding the allocation of resources between labor enforcement activities among core labor standards, provided the exercise of such discretion and such decisions are not inconsistent with its obligations; (C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 11(17)); (D) to strengthen the capacity of United States trading partners to protect the environment through the promotion of sustainable development; (E) to reduce or eliminate government practices or policies that unduly threaten sustainable development; (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services; (G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade; (H) to ensure that enforceable labor and environment obligations are subject to the same dispute settlement and remedies as other enforceable obligations under the agreement; and (I) to ensure that a trade agreement is not construed to empower a party’s authorities to undertake labor or environmental law enforcement activities in the territory of the United States. (11) Currency The principal negotiating objective of the United States with respect to currency practices is that parties to a trade agreement with the United States avoid manipulating exchange rates in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage over other parties to the agreement, such as through cooperative mechanisms, enforceable rules, reporting, monitoring, transparency, or other means, as appropriate. (12) WTO and multilateral trade agreements Recognizing that the World Trade Organization is the foundation of the global trading system, the principal negotiating objectives of the United States regarding the World Trade Organization, the Uruguay Round Agreements, and other multilateral and plurilateral trade agreements are— (A) to achieve full implementation and extend the coverage of the World Trade Organization and multilateral and plurilateral agreements to products, sectors, and conditions of trade not adequately covered; (B) to expand country participation in and enhancement of the Information Technology Agreement, the Government Procurement Agreement, and other plurilateral trade agreements of the World Trade Organization; (C) to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade, including through utilization of global value chains, through the negotiation of new WTO multilateral and plurilateral trade agreements, such as an agreement on trade facilitation; (D) to ensure that regional trade agreements to which the United States is not a party fully achieve the high standards of, and comply with, WTO disciplines including Article XXIV of GATT 1994, Article V and V bis of the General Agreement on Trade in Services, and the Enabling Clause, including through meaningful WTO review of such regional trade agreements; (E) to enhance compliance by WTO members with their obligations as WTO members through active participation in the bodies of the World Trade Organization by the United States and all other WTO members, including in the trade policy review mechanism and the committee system of the World Trade Organization, and by working to increase the effectiveness of such bodies; and (F) to encourage greater cooperation between the World Trade Organization and other international organizations. (13) Trade institution transparency The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency in the World Trade Organization, entities established under bilateral and regional trade agreements, and other international trade fora through seeking— (A) timely public access to information regarding trade issues and the activities of such institutions; (B) openness by ensuring public access to appropriate meetings, proceedings, and submissions, including with regard to trade and investment dispute settlement; and (C) public access to all notifications and supporting documentation submitted by WTO members. (14) Anti-corruption The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are— (A) to obtain high standards and effective domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign governments; (B) to ensure that such standards level the playing field for United States persons in international trade and investment; and (C) to seek commitments to work jointly to encourage and support anti-corruption and anti-bribery initiatives in international trade fora, including through the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for Economic Cooperation and Development, done at Paris December 17, 1997 (commonly known as the OECD Anti-Bribery Convention ). (15) Dispute settlement and enforcement The principal negotiating objectives of the United States with respect to dispute settlement and enforcement of trade agreements are— (A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations based on facts and the principles of the agreements, with the goal of increasing compliance with the agreements; (B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compliance with commitments; (C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to— (i) the mandate of those panels and the Appellate Body to apply the WTO Agreement as written, without adding to or diminishing rights and obligations under the Agreement; and (ii) the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the fact finding and technical expertise of national investigating authorities; (D) to seek provisions encouraging the early identification and settlement of disputes through consultation; (E) to seek provisions to encourage the provision of trade expanding compensation if a party to a dispute under the agreement does not come into compliance with its obligations under the agreement; (F) to seek provisions to impose a penalty upon a party to a dispute under the agreement that— (i) encourages compliance with the obligations of the agreement; (ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and (iii) has the aim of not adversely affecting parties or interests not party to the dispute while maintaining the effectiveness of the enforcement mechanism; and (G) to seek provisions that treat United States principal negotiating objectives equally with respect to— (i) the ability to resort to dispute settlement under the applicable agreement; (ii) the availability of equivalent dispute settlement procedures; and (iii) the availability of equivalent remedies. (16) Trade remedy laws The principal negotiating objectives of the United States with respect to trade remedy laws are— (A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and (B) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market access barriers. (17) Border taxes The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the rules of the World Trade Organization with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes. (18) Textile negotiations The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and apparel. (c) Capacity building and other priorities In order to address and maintain United States competitiveness in the global economy, the President shall— (1) direct the heads of relevant Federal agencies— (A) to work to strengthen the capacity of United States trading partners to carry out obligations under trade agreements by consulting with any country seeking a trade agreement with the United States concerning that country’s laws relating to customs and trade facilitation, sanitary and phytosanitary measures, technical barriers to trade, intellectual property rights, labor, and the environment; and (B) to provide technical assistance to that country if needed; (2) seek to establish consultative mechanisms among parties to trade agreements to strengthen the capacity of United States trading partners to develop and implement standards for the protection of the environment and human health based on sound science; and (3) promote consideration of multilateral environmental agreements and consult with parties to such agreements regarding the consistency of any such agreement that includes trade measures with existing environmental exceptions under Article XX of GATT 1994. 3. Trade agreements authority (a) Agreements regarding tariff barriers (1) In general Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this Act will be promoted thereby, the President— (A) may enter into trade agreements with foreign countries before— (i) July 1, 2018; or (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c); and (B) may, subject to paragraphs (2) and (3), proclaim— (i) such modification or continuance of any existing duty, (ii) such continuance of existing duty free or excise treatment, or (iii) such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement. Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this Act. (2) Notification The President shall notify Congress of the President’s intention to enter into an agreement under this subsection. (3) Limitations No proclamation may be made under paragraph (1) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty which is less than 50 percent of the rate of such duty that applies on such date of enactment; (B) reduces the rate of duty below that applicable under the Uruguay Round Agreements or a successor agreement, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on the date of the enactment of this Act. (4) Aggregate reduction; exemption from staging (A) Aggregate reduction Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if— (i) a reduction of 3 percent ad valorem or a reduction of 1/10 of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed under paragraph (1) to carry out such agreement with respect to such article; and (ii) a reduction equal to the amount applicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction. (B) Exemption from staging No staging is required under subparagraph (A) with respect to a duty reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph. (5) Rounding If the President determines that such action will simplify the computation of reductions under paragraph (4), the President may round an annual reduction by an amount equal to the lesser of— (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) ½ of 1 percent ad valorem. (6) Other limitations A rate of duty reduction that may not be proclaimed by reason of paragraph (3) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for under section 6 and that bill is enacted into law. (7) Other tariff modifications Notwithstanding paragraphs (1)(B), (3)(A), (3)(C), and (4) through (6), and subject to the consultation and layover requirements of section 115 of the Uruguay Round Agreements Act ( 19 U.S.C. 3524 ), the President may proclaim the modification of any duty or staged rate reduction of any duty set forth in Schedule XX, as defined in section 2(5) of that Act ( 19 U.S.C. 3501(5) ), if the United States agrees to such modification or staged rate reduction in a negotiation for the reciprocal elimination or harmonization of duties under the auspices of the World Trade Organization. (8) Authority under uruguay round agreements act not affected Nothing in this subsection shall limit the authority provided to the President under section 111(b) of the Uruguay Round Agreements Act ( 19 U.S.C. 3521(b) ). (b) Agreements regarding tariff and nontariff barriers (1) In general (A) Whenever the President determines that— (i) 1 or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy, or (ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect, and that the purposes, policies, priorities, and objectives of this Act will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C). (B) The President may enter into a trade agreement under subparagraph (A) with foreign countries providing for— (i) the reduction or elimination of a duty, restriction, barrier, or other distortion described in subparagraph (A); or (ii) the prohibition of, or limitation on the imposition of, such barrier or other distortion. (C) The President may enter into a trade agreement under this paragraph before— (i) July 1, 2018; or (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c). Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this Act. (2) Conditions A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in subsections (a) and (b) of section 2 and the President satisfies the conditions set forth in sections 4 and 5. (3) Bills qualifying for trade authorities procedures (A) The provisions of section 151 of the Trade Act of 1974 (in this Act referred to as trade authorities procedures ) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this Act be referred to as an implementing bill . (B) The provisions referred to in subparagraph (A) are— (i) a provision approving a trade agreement entered into under this subsection and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (c) Extension disapproval process for congressional trade authorities procedures (1) In general Except as provided in section 6(b)— (A) the trade authorities procedures apply to implementing bills submitted with respect to trade agreements entered into under subsection (b) before July 1, 2018; and (B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) after June 30, 2018, and before July 1, 2021, if (and only if)— (i) the President requests such extension under paragraph (2); and (ii) neither House of Congress adopts an extension disapproval resolution under paragraph (5) before July 1, 2018. (2) Report to Congress by the President If the President is of the opinion that the trade authorities procedures should be extended to implementing bills described in paragraph (1)(B), the President shall submit to Congress, not later than April 1, 2018, a written report that contains a request for such extension, together with— (A) a description of all trade agreements that have been negotiated under subsection (b) and the anticipated schedule for submitting such agreements to Congress for approval; (B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this Act, and a statement that such progress justifies the continuation of negotiations; and (C) a statement of the reasons why the extension is needed to complete the negotiations. (3) Other reports to Congress (A) Report by the advisory committee The President shall promptly inform the Advisory Committee for Trade Policy and Negotiations established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 ) of the decision of the President to submit a report to Congress under paragraph (2). The Advisory Committee shall submit to Congress as soon as practicable, but not later than June 1, 2018, a written report that contains— (i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this Act; and (ii) a statement of its views, and the reasons therefor, regarding whether the extension requested under paragraph (2) should be approved or disapproved. (B) Report by International Trade Commission The President shall promptly inform the United States International Trade Commission of the decision of the President to submit a report to Congress under paragraph (2). The International Trade Commission shall submit to Congress as soon as practicable, but not later than June 1, 2018, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented between the date of the enactment of this Act and the date on which the President decides to seek an extension requested under paragraph (2). (4) Status of reports The reports submitted to Congress under paragraphs (2) and (3), or any portion of such reports, may be classified to the extent the President determines appropriate. (5) Extension disapproval resolutions (A) For purposes of paragraph (1), the term extension disapproval resolution means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: That the ____ disapproves the request of the President for the extension, under section 3(c)(1)(B)(i) of the Bipartisan Congressional Trade Priorities Act of 2014 , of the trade authorities procedures under that Act to any implementing bill submitted with respect to any trade agreement entered into under section 3(b) of that Act after June 30, 2018. , with the blank space being filled with the name of the resolving House of Congress. (B) Extension disapproval resolutions— (i) may be introduced in either House of Congress by any member of such House; and (ii) shall be referred, in the House of Representatives, to the Committee on Ways and Means and, in addition, to the Committee on Rules. (C) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 ) (relating to the floor consideration of certain resolutions in the House and Senate) apply to extension disapproval resolutions. (D) It is not in order for— (i) the House of Representatives to consider any extension disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules; (ii) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance; or (iii) either House of Congress to consider an extension disapproval resolution after June 30, 2018. (d) Commencement of negotiations In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 2(b). 4. Congressional oversight, consultations, and access to information (a) Consultations with Members of Congress (1) Consultations during negotiations In the course of negotiations conducted under this Act, the United States Trade Representative shall— (A) meet upon request with any Member of Congress regarding negotiating objectives, the status of negotiations in progress, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; (B) upon request of any Member of Congress, provide access to pertinent documents relating to the negotiations, including classified materials; (C) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (D) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under subsection (c) and all committees of the House of Representatives and the Senate with jurisdiction over laws that could be affected by a trade agreement resulting from the negotiations; and (E) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) Consultations prior to entry into force Prior to exchanging notes providing for the entry into force of a trade agreement, the United States Trade Representative shall consult closely and on a timely basis with Members of Congress and committees as specified in paragraph (1), and keep them fully apprised of the measures a trading partner has taken to comply with those provisions of the agreement that are to take effect on the date that the agreement enters into force. (3) Enhanced coordination with congress (A) Written guidelines The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (i) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on enhanced coordination with Congress, including coordination with designated congressional advisers under subsection (b), regarding negotiations conducted under this Act; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content of guidelines The guidelines developed under subparagraph (A) shall enhance coordination with Congress through procedures to ensure— (i) timely briefings upon request of any Member of Congress regarding negotiating objectives, the status of negotiations in progress conducted under this Act, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; and (ii) the sharing of detailed and timely information to Members of Congress regarding those negotiations and pertinent documents related to those negotiations (including classified information), and to committee staff with proper security clearances as would be appropriate in the light of the responsibilities of that committee over the trade agreements programs affected by those negotiations. (C) Dissemination The United States Trade Representative shall disseminate the guidelines developed under subparagraph (A) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (b) Designated congressional advisers (1) Designation (A) House of Representatives In each Congress, any Member of the House of Representatives may be designated as a congressional adviser on trade policy and negotiations by the Speaker of the House of Representatives, after consulting with the chairman and ranking member of the Committee on Ways and Means and the chairman and ranking member of the committee from which the Member will be selected. (B) Senate In each Congress, any Member of the Senate may be designated as a congressional adviser on trade policy and negotiations by the President pro tempore of the Senate, after consultation with the chairman and ranking member of the Committee on Finance and the chairman and ranking member of the committee from which the Member will be selected. (2) Consultations with designated congressional advisers In the course of negotiations conducted under this Act, the United States Trade Representative shall consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations designated under paragraph (1). (3) Accreditation Each Member of Congress designated as a congressional adviser under paragraph (1) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegations to international conferences, meetings, and negotiating sessions relating to trade agreements. (c) Congressional advisory groups on negotiations (1) In general By not later than 60 days after the date of the enactment of this Act, and not later than 30 days after the convening of each Congress, the chairman of the Committee on Ways and Means of the House of Representatives shall convene the House Advisory Group on Negotiations and the chairman of the Committee on Finance of the Senate shall convene the Senate Advisory Group on Negotiations (in this subsection referred to collectively as the congressional advisory groups ). (2) Members and functions (A) Membership of the house advisory group on negotiations In each Congress, the House Advisory Group on Negotiations shall be comprised of the following Members of the House of Representatives: (i) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the House of Representatives that would have, under the Rules of the House of Representatives, jurisdiction over provisions of law affected by a trade agreement negotiation conducted at any time during that Congress and to which this Act would apply. (B) Membership of the senate advisory group on negotiations In each Congress, the Senate Advisory Group on Negotiations shall be comprised of the following Members of the Senate: (i) The chairman and ranking member of the Committee on Finance and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the Senate that would have, under the Rules of the Senate, jurisdiction over provisions of law affected by a trade agreement negotiation conducted at any time during that Congress and to which this Act would apply. (C) Accreditation Each member of the congressional advisory groups described in subparagraphs (A)(i) and (B)(i) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in negotiations for any trade agreement to which this Act applies. Each member of the congressional advisory groups described in subparagraphs (A)(ii) and (B)(ii) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in one of the congressional advisory groups. (D) Consultation and advice The congressional advisory groups shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement. (E) Chair The House Advisory Group on Negotiations shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representatives and the Senate Advisory Group on Negotiations shall be chaired by the Chairman of the Committee on Finance of the Senate. (F) Coordination with other committees Members of any committee represented on one of the congressional advisory groups may submit comments to the member of the appropriate congressional advisory group from that committee regarding any matter related to a negotiation for any trade agreement to which this Act applies. (3) Guidelines (A) Purpose and revision The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (i) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Representative and the congressional advisory groups; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content The guidelines developed under subparagraph (A) shall provide for, among other things— (i) detailed briefings on a fixed timetable to be specified in the guidelines of the congressional advisory groups regarding negotiating objectives and positions and the status of the applicable negotiations, beginning as soon as practicable after the congressional advisory groups are convened, with more frequent briefings as trade negotiations enter the final stage; (ii) access by members of the congressional advisory groups, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials; (iii) the closest practicable coordination between the Trade Representative and the congressional advisory groups at all critical periods during the negotiations, including at negotiation sites; (iv) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and (v) the timeframe for submitting the report required under section 5(d)(3). (4) Request for meeting Upon the request of a majority of either of the congressional advisory groups, the President shall meet with that congressional advisory group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations. (d) Consultations with the public (1) Guidelines for public engagement The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (A) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on public access to information regarding negotiations conducted under this Act; and (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Purposes The guidelines developed under paragraph (1) shall— (A) facilitate transparency; (B) encourage public participation; and (C) promote collaboration in the negotiation process. (3) Content The guidelines developed under paragraph (1) shall include procedures that— (A) provide for rapid disclosure of information in forms that the public can readily find and use; and (B) provide frequent opportunities for public input through Federal Register requests for comment and other means. (4) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (e) Consultations with advisory committees (1) Guidelines for engagement with advisory committees The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (A) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on enhanced coordination with advisory committees established pursuant to section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 ) regarding negotiations conducted under this Act; and (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Content The guidelines developed under paragraph (1) shall enhance coordination with advisory committees described in that paragraph through procedures to ensure— (A) timely briefings of advisory committees and regular opportunities for advisory committees to provide input throughout the negotiation process on matters relevant to the sectors or functional areas represented by those committees; and (B) the sharing of detailed and timely information with each member of an advisory committee regarding negotiations and pertinent documents related to the negotiation (including classified information) on matters relevant to the sectors or functional areas the member represents, and with a designee with proper security clearances of each such member as appropriate. (3) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. 5. Notice, consultations, and reports (a) Notice, consultations, and reports before negotiation (1) Notice The President, with respect to any agreement that is subject to the provisions of section 3(b), shall— (A) provide, at least 90 calendar days before initiating negotiations with a country, written notice to Congress of the President’s intention to enter into the negotiations with that country and set forth in the notice the date on which the President intends to initiate those negotiations, the specific United States objectives for the negotiations with that country, and whether the President intends to seek an agreement, or changes to an existing agreement; (B) before and after submission of the notice, consult regarding the negotiations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, such other committees of the House and Senate as the President deems appropriate, and the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4(c); and (C) upon the request of a majority of the members of either the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations convened under section 4(c), meet with the requesting congressional advisory group before initiating the negotiations or at any other time concerning the negotiations. (2) Special rule for notice and consultation on Doha-related agreements In the case of any plurilateral agreement between the United States and one or more WTO members relating to a matter described in the Ministerial Declaration of the World Trade Organization adopted at Doha November 14, 2001— (A) the President shall provide the written notice described in subparagraph (A) of paragraph (1) to Congress at least 90 calendar days before initiating negotiations for the agreement and comply with subparagraphs (B) and (C) of that paragraph with respect to the agreement; and (B) if another WTO member seeks to join the negotiations after notice is provided under subparagraph (A) and the President determines that the WTO member is willing and able to meet the standard of the agreement and the participation of the WTO member would further the objectives of the United States for the agreement, the President shall— (i) provide advance written notice to Congress before the WTO member joins the negotiations with respect to whether the United States intends to support the entry of the WTO member into the negotiations; and (ii) consult with Congress as provided in subparagraphs (B) and (C) of paragraph (1). (3) Negotiations regarding agriculture (A) Assessment and consultations following assessment Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 2(b)(3)(B) with any country, the President shall— (i) assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country; (ii) consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity; and (iii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (B) Special consultations on import sensitive products (i) Before initiating negotiations with regard to agriculture and, with respect to agreements described in paragraphs (2) and (3) of section 7(a), as soon as practicable after the date of the enactment of this Act, the United States Trade Representative shall— (I) identify those agricultural products subject to tariff rate quotas on the date of enactment of this Act, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay Round Agreements, for which the rate of duty was reduced on January 1, 1995, to a rate which was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; (II) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning— (aa) whether any further tariff reductions on the products identified under subclause (I) should be appropriate, taking into account the impact of any such tariff reduction on the United States industry producing the product concerned; (bb) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements; and (cc) whether the countries participating in the negotiations maintain export subsidies or other programs, policies, or practices that distort world trade in such products and the impact of such programs, policies, and practices on United States producers of the products; (III) request that the International Trade Commission prepare an assessment of the probable economic effects of any such tariff reduction on the United States industry producing the product concerned and on the United States economy as a whole; and (IV) upon complying with subclauses (I), (II), and (III), notify the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate of those products identified under subclause (I) for which the Trade Representative intends to seek tariff liberalization in the negotiations and the reasons for seeking such tariff liberalization. (ii) If, after negotiations described in clause (i) are commenced— (I) the United States Trade Representative identifies any additional agricultural product described in clause (i)(I) for tariff reductions which were not the subject of a notification under clause (i)(IV), or (II) any additional agricultural product described in clause (i)(I) is the subject of a request for tariff reductions by a party to the negotiations, the Trade Representative shall, as soon as practicable, notify the committees referred to in clause (i)(IV) of those products and the reasons for seeking such tariff reductions. (4) Negotiations regarding the fishing industry Before initiating, or continuing, negotiations that directly relate to fish or shellfish trade with any country, the President shall consult with the Committee on Ways and Means and the Committee on Natural Resources of the House of Representatives, and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall keep the Committees apprised of the negotiations on an ongoing and timely basis. (5) Negotiations regarding textiles Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall— (A) assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity; and (B) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (6) Adherence to existing international trade and investment agreement obligations In determining whether to enter into negotiations with a particular country, the President shall take into account the extent to which that country has implemented, or has accelerated the implementation of, its international trade and investment commitments to the United States, including pursuant to the WTO Agreement. (b) Consultation with congress before entry into agreement (1) Consultation Before entering into any trade agreement under section 3(b), the President shall consult with— (A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (B) each other committee of the House and the Senate, and each joint committee of Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement; and (C) the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4(c). (2) Scope The consultation described in paragraph (1) shall include consultation with respect to— (A) the nature of the agreement; (B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this Act; and (C) the implementation of the agreement under section 6, including the general effect of the agreement on existing laws. (3) Report regarding united states trade remedy laws (A) Changes in certain trade laws The President, not less than 180 calendar days before the day on which the President enters into a trade agreement under section 3(b), shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate— (i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ) or to chapter 1 of title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. ); and (ii) how these proposals relate to the objectives described in section 2(b)(16). (B) Resolutions (i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either House of Congress, the procedures set forth in clauses (iii) through (vii) shall apply to that resolution if— (I) no other resolution with respect to that report has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to those procedures; and (II) no procedural disapproval resolution under section 6(b) introduced with respect to a trade agreement entered into pursuant to the negotiations to which the report under subparagraph (A) relates has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be. (ii) For purposes of this subparagraph, the term resolution means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: That the ____ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to Congress on ____ under section 5(b)(3) of the Bipartisan Congressional Trade Priorities Act of 2014 with respect to ____, are inconsistent with the negotiating objectives described in section 2(b)(16) of that Act. , with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled with the name of the country or countries involved. (iii) Resolutions in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee. (iv) Resolutions in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (v) It is not in order for the House of Representatives to consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (vi) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance. (vii) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 ) (relating to floor consideration of certain resolutions in the House and Senate) shall apply to resolutions. (4) Advisory committee reports The report required under section 135(e)(1) of the Trade Act of 1974 ( 19 U.S.C. 2155(e)(1) ) regarding any trade agreement entered into under subsection (a) or (b) of section 3 shall be provided to the President, Congress, and the United States Trade Representative not later than 30 days after the date on which the President notifies Congress under section 3(a)(2) or 6(a)(1)(A) of the intention of the President to enter into the agreement. (c) International Trade Commission assessment (1) Submission of information to commission The President, not later than 90 calendar days before the day on which the President enters into a trade agreement under section 3(b), shall provide the International Trade Commission (referred to in this subsection as the Commission ) with the details of the agreement as it exists at that time and request the Commission to prepare and submit an assessment of the agreement as described in paragraph (2). Between the time the President makes the request under this paragraph and the time the Commission submits the assessment, the President shall keep the Commission current with respect to the details of the agreement. (2) Assessment Not later than 105 calendar days after the President enters into a trade agreement under section 3(b), the Commission shall submit to the President and Congress a report assessing the likely impact of the agreement on the United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross domestic product, exports and imports, aggregate employment and employment opportunities, the production, employment, and competitive position of industries likely to be significantly affected by the agreement, and the interests of United States consumers. (3) Review of empirical literature In preparing the assessment under paragraph (2), the Commission shall review available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including those of the Commission regarding the agreement. (4) Public availability The President shall make each assessment under paragraph (2) available to the public. (d) Reports submitted to committees with agreement (1) Environmental reviews and reports The President shall— (A) conduct environmental reviews of future trade and investment agreements, consistent with Executive Order 13141 (64 Fed. Reg. 63169), dated November 16, 1999, and its relevant guidelines; and (B) submit a report on those reviews and on the content and operation of consultative mechanisms established pursuant to section 2(c) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C). (2) Employment impact reviews and reports The President shall— (A) review the impact of future trade agreements on United States employment, including labor markets, modeled after Executive Order 13141 (64 Fed. Reg. 63169) to the extent appropriate in establishing procedures and criteria; and (B) submit a report on such reviews to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C). (3) Report on labor rights The President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on a timeframe determined in accordance with section 4(c)(3)(B)— (A) a meaningful labor rights report of the country, or countries, with respect to which the President is negotiating; and (B) a description of any provisions that would require changes to the labor laws and labor practices of the United States. (4) Public availability The President shall make all reports required under this subsection available to the public. (e) Implementation and enforcement plan (1) In general At the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C), the President shall also submit to Congress a plan for implementing and enforcing the agreement. (2) Elements The implementation and enforcement plan required by paragraph (1) shall include the following: (A) Border personnel requirements A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors. (B) Agency staffing requirements A description of additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the United States Trade Representative, the Department of Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of Homeland Security, the Department of the Treasury, and such other agencies as may be necessary. (C) Customs infrastructure requirements A description of the additional equipment and facilities needed by U.S. Customs and Border Protection. (D) Impact on state and local governments A description of the impact the trade agreement will have on State and local governments as a result of increases in trade. (E) Cost analysis An analysis of the costs associated with each of the items listed in subparagraphs (A) through (D). (3) Budget submission The President shall include a request for the resources necessary to support the plan required by paragraph (1) in the first budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, after the date of the submission of the plan. (4) Public availability The President shall make the plan required under this subsection available to the public. (f) Other reports (1) Report on penalties Not later than one year after the imposition of a penalty or remedy by the United States permitted by a trade agreement to which this Act applies, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the effectiveness of the penalty or remedy applied under United States law in enforcing United States rights under the trade agreement, which shall address whether the penalty or remedy was effective in changing the behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party to the dispute. (2) Report on impact of trade promotion authority Not later than one year after the date of the enactment of this Act, the United States International Trade Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984. (3) Enforcement consultations and reports (A) The United States Trade Representative shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate after acceptance of a petition for review or taking an enforcement action in regard to an obligation under a trade agreement, including a labor or environmental obligation. During such consultations, the United States Trade Representative shall describe the matter, including the basis for such action and the application of any relevant legal obligations. (B) As part of the report required pursuant to section 163 of the Trade Act of 1974 ( 19 U.S.C. 2213 ), the President shall report annually to Congress on enforcement actions taken pursuant to a United States trade agreement, as well as on any public reports issued by Federal agencies on enforcement matters relating to a trade agreement. (g) Additional coordination with members Any Member of the House of Representatives may submit to the Committee on Ways and Means of the House of Representatives and any Member of the Senate may submit to the Committee on Finance of the Senate the views of that Member on any matter relevant to a proposed trade agreement, and the relevant Committee shall receive those views for consideration. 6. Implementation of trade agreements (a) In general (1) Notification and submission Any agreement entered into under section 3(b) shall enter into force with respect to the United States if (and only if)— (A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President’s intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (B) within 60 days after entering into the agreement, the President submits to Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (C) after entering into the agreement, the President submits to Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with— (i) a draft of an implementing bill described in section 3(b)(3); (ii) a statement of any administrative action proposed to implement the trade agreement; and (iii) the supporting information described in paragraph (2)(A); (D) the implementing bill is enacted into law; and (E) the President, not later than 30 days before the date on which the agreement enters into force with respect to a party to the agreement, submits written notice to Congress that the President has determined that the party has taken measures necessary to comply with those provisions of the agreement that are to take effect on the date on which the agreement enters into force. (2) Supporting information (A) In general The supporting information required under paragraph (1)(C)(iii) consists of— (i) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (ii) a statement— (I) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this Act; and (II) setting forth the reasons of the President regarding— (aa) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in subclause (I); (bb) whether and how the agreement changes provisions of an agreement previously negotiated; (cc) how the agreement serves the interests of United States commerce; and (dd) how the implementing bill meets the standards set forth in section 3(b)(3). (B) Public availability The President shall make the supporting information described in subparagraph (A) available to the public. (3) Reciprocal benefits In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3(b) does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement. (4) Disclosure of commitments Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that— (A) relates to a trade agreement with respect to which Congress enacts an implementing bill under trade authorities procedures; and (B) is not disclosed to Congress before an implementing bill with respect to that agreement is introduced in either House of Congress, shall not be considered to be part of the agreement approved by Congress and shall have no force and effect under United States law or in any dispute settlement body. (b) Limitations on trade authorities procedures (1) For lack of notice or consultations (A) In general The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 3(b) if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements. (B) Procedural disapproval resolution (i) For purposes of this paragraph, the term procedural disapproval resolution means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: That the President has failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities Act of 2014 on negotiations with respect to ________ and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements. , with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult. (ii) For purposes of clause (i), the President has failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities Act of 2014 on negotiations with respect to a trade agreement or trade agreements if— (I) the President has failed or refused to consult (as the case may be) in accordance with sections 4 and 5 and this section with respect to the negotiations, agreement, or agreements; (II) guidelines under section 4 have not been developed or met with respect to the negotiations, agreement, or agreements; (III) the President has not met with the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations pursuant to a request made under section 4(c)(4) with respect to the negotiations, agreement, or agreements; or (IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this Act. (2) Procedures for considering resolutions (A) Procedural disapproval resolutions— (i) in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 ) (relating to the floor consideration of certain resolutions in the House and Senate) apply to a procedural disapproval resolution introduced with respect to a trade agreement if no other procedural disapproval resolution with respect to that trade agreement has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, and if no resolution described in clause (ii) of section 5(b)(3)(B) with respect to that trade agreement has been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to the procedures set forth in clauses (iii) through (vii) of such section. (C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance. (3) For failure to meet other requirements Not later than December 15, 2014, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to Congress a report setting forth the strategy of the executive branch to address concerns of Congress regarding whether dispute settlement panels and the Appellate Body of the World Trade Organization have added to obligations, or diminished rights, of the United States, as described in section 2(b)(15)(C). Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the World Trade Organization unless the Secretary of Commerce has issued such report by the deadline specified in this paragraph. (c) Rules of House of Representatives and Senate Subsection (b) of this section, section 3(c), and section 5(b)(3) are enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. 7. Treatment of certain trade agreements for which negotiations have already begun (a) Certain agreements Notwithstanding the prenegotiation notification and consultation requirement described in section 5(a), if an agreement to which section 3(b) applies— (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner consistent with section 5(a)(1) as of the date of the enactment of this Act, (3) is entered into with the European Union, or (4) is an agreement with respect to international trade in services entered into with WTO members with respect to which notifications have been made in a manner consistent with section 5(a)(2) as of the date of the enactment of this Act, and results from negotiations that were commenced before the date of the enactment of this Act, subsection (b) shall apply. (b) Treatment of agreements In the case of any agreement to which subsection (a) applies— (1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 5(a) (relating only to notice prior to initiating negotiations), and any procedural disapproval resolution under section 6(b)(1)(B) shall not be in order on the basis of a failure or refusal to comply with the provisions of section 5(a); provided that (2) the President as soon as feasible after the date of the enactment of this Act— (A) notifies the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and (B) before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 5(a)(1)(B) and the House and Senate Advisory Groups on Negotiations convened under section 4(c). 8. Sovereignty (a) United States law To prevail in event of conflict No provision of any trade agreement entered into under section 3(b), nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States, any State of the United States, or any locality of the United States shall have effect. (b) Amendments or modifications of United States law No provision of any trade agreement entered into under section 3(b) shall prevent the United States, any State of the United States, or any locality of the United States from amending or modifying any law of the United States, that State, or that locality (as the case may be). (c) Dispute settlement reports Reports, including findings and recommendations, issued by dispute settlement panels convened pursuant to any trade agreement entered into under section 3(b) shall have no binding effect on the law of the United States, the Government of the United States, or the law or government of any State or locality of the United States. 9. Interests of small businesses (a) Sense of Congress It is the sense of Congress that— (1) the United States Trade Representative should facilitate participation by small businesses in the trade negotiation process; and (2) the functions of the Office of the United States Trade Representative relating to small businesses should continue to be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small businesses. (b) Consideration of small business interests The Assistant United States Trade Representative for Small Business, Market Access, and Industrial Competitiveness shall be responsible for ensuring that the interests of small businesses are considered in all trade negotiations in accordance with the objective described in section 2(a)(8). 10. Conforming amendments; application of certain provisions (a) Conforming amendments (1) Advice from United States International Trade Commission Section 131 of the Trade Act of 1974 ( 19 U.S.C. 2151 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by striking section 2103(a) or (b) of the Bipartisan Trade Promotion Authority Act of 2002 and inserting subsection (a) or (b) of section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 ; and (ii) in paragraph (2), by striking section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3(b) of the Bipartisan Congressional Trade Priorities Act of 2014 ; (B) in subsection (b), by striking section 2103(a)(3)(A) of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3(a)(4)(A) of the Bipartisan Congressional Trade Priorities Act of 2014 ; and (C) in subsection (c), by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3(a) of the Bipartisan Congressional Trade Priorities Act of 2014 . (2) Hearings Section 132 of the Trade Act of 1974 ( 19 U.S.C. 2152 ) is amended by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 . (3) Public hearings Section 133(a) of the Trade Act of 1974 ( 19 U.S.C. 2153(a) ) is amended by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 . (4) Prerequisites for offers Section 134 of the Trade Act of 1974 ( 19 U.S.C. 2154 ) is amended by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 each place it appears and inserting section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 . (5) Information and advice from private and public sectors Section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 ) is amended— (A) in subsection (a)(1)(A), by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 ; and (B) in subsection (e)— (i) in paragraph (1)— (I) by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 each place it appears and inserting section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 ; and (II) by striking not later than the date on which the President notifies the Congress under section 2105(a)(1)(A) of the Bipartisan Trade Promotion Authority Act of 2002 and inserting not later than the date that is 30 days after the date on which the President notifies Congress under section 6(a)(1)(A) of the Bipartisan Congressional Trade Priorities Act of 2014 ; and (ii) in paragraph (2), by striking section 2102 of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 2 of the Bipartisan Congressional Trade Priorities Act of 2014 . (6) Procedures relating to implementing bills Section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) is amended— (A) in subsection (b)(1), in the matter preceding subparagraph (A), by striking section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 6(a)(1) of the Bipartisan Congressional Trade Priorities Act of 2014 ; and (B) in subsection (c)(1), by striking section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 6(a)(1) of the Bipartisan Congressional Trade Priorities Act of 2014 . (7) Transmission of agreements to Congress Section 162(a) of the Trade Act of 1974 ( 19 U.S.C. 2212(a) ) is amended by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 and inserting section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 . (b) Application of certain provisions For purposes of applying sections 125, 126, and 127 of the Trade Act of 1974 ( 19 U.S.C. 2135 , 2136, and 2137)— (1) any trade agreement entered into under section 3 shall be treated as an agreement entered into under section 101 or 102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112), as appropriate; and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 3 shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 102 of the Trade Act of 1974 ( 19 U.S.C. 2112 ). 11. Definitions In this Act: (1) Agreement on agriculture The term Agreement on Agriculture means the agreement referred to in section 101(d)(2) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(2) ). (2) Agreement on safeguards The term Agreement on Safeguards means the agreement referred to in section 101(d)(13) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(13) ). (3) Agreement on subsidies and countervailing measures The term Agreement on Subsidies and Countervailing Measures means the agreement referred to in section 101(d)(12) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(12) ). (4) Antidumping agreement The term Antidumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in section 101(d)(7) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(7) ). (5) Appellate body The term Appellate Body means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (6) Common multilateral environmental agreement (A) In general The term common multilateral environmental agreement means any agreement specified in subparagraph (B) or included under subparagraph (C) to which both the United States and one or more other parties to the negotiations are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement. (B) Agreements specified The agreements specified in this subparagraph are the following: (i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). (ii) The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. (iii) The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London February 17, 1978. (iv) The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar February 2, 1971 (TIAS 11084). (v) The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 20, 1980 (33 UST 3476). (vi) The International Convention for the Regulation of Whaling, done at Washington December 2, 1946 (62 Stat. 1716). (vii) The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (1 UST 230). (C) Additional agreements Both the United States and one or more other parties to the negotiations may agree to include any other multilateral environmental or conservation agreement to which they are full parties as a common multilateral environmental agreement under this paragraph. (7) Core labor standards The term core labor standards means— (A) freedom of association; (B) the effective recognition of the right to collective bargaining; (C) the elimination of all forms of forced or compulsory labor; (D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and (E) the elimination of discrimination in respect of employment and occupation. (8) Dispute settlement understanding The term Dispute Settlement Understanding means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(16) ). (9) Enabling Clause The term Enabling Clause means the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (L/4903), adopted November 28, 1979, under GATT 1947 (as defined in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 )). (10) Environmental laws The term environmental laws , with respect to the laws of the United States, means environmental statutes and regulations enforceable by action of the Federal Government. (11) GATT 1994 The term GATT 1994 has the meaning given that term in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 ). (12) General Agreement on Trade in Services The term General Agreement on Trade in Services means the General Agreement on Trade in Services (referred to in section 101(d)(14) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(14) )). (13) Government procurement agreement The term Government Procurement Agreement means the Agreement on Government Procurement referred to in section 101(d)(17) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(17) ). (14) ILO The term ILO means the International Labor Organization. (15) Import sensitive agricultural product The term import sensitive agricultural product means an agricultural product— (A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; or (B) which was subject to a tariff rate quota on the date of the enactment of this Act. (16) Information technology agreement The term Information Technology Agreement means the Ministerial Declaration on Trade in Information Technology Products of the World Trade Organization, agreed to at Singapore December 13, 1996. (17) Internationally recognized core labor standards The term internationally recognized core labor standards means the core labor standards only as stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998). (18) Labor laws The term labor laws means the statutes and regulations, or provisions thereof, of a party to the negotiations that are directly related to core labor standards as well as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, and for the United States, includes Federal statutes and regulations addressing those standards, protections, or conditions but does not include State or local labor laws. (19) United states person The term United States person means— (A) a United States citizen; (B) a partnership, corporation, or other legal entity that is organized under the laws of the United States; and (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both. (20) Uruguay round agreements The term Uruguay Round Agreements has the meaning given that term in section 2(7) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(7) ). (21) World trade organization; WTO The terms World Trade Organization and WTO mean the organization established pursuant to the WTO Agreement. (22) WTO agreement The term WTO Agreement means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. (23) WTO member The term WTO member has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(10) ).
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https://www.govinfo.gov/content/pkg/BILLS-113hr3830ih/xml/BILLS-113hr3830ih.xml
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113-hr-3831
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I 113th CONGRESS 2d Session H. R. 3831 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Roe of Tennessee introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To require the Secretary of Veterans Affairs to review the dialysis pilot program implemented by the Department of Veterans Affairs and submit a report to Congress before expanding that program, and for other purposes.
1. Short title This Act may be cited as the Veterans Dialysis Pilot Program Review Act of 2014 . 2. Limitation on expansion of dialysis pilot program (a) Limitation The Secretary of Veterans Affairs shall not expand the dialysis pilot program or create any new dialysis capability provided by the Department of Veterans Affairs in any facility that is not an initial facility until after the date that— (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility; and (3) the report required by subsection (b) has been submitted. (b) Report Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that— (1) includes the results of that independent analysis, including a comparison of not only cost but non-cost factors such as access to care, quality of care, and Veteran satisfaction; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Use of existing dialysis resources In order to increase the access of veterans to dialysis care and decrease the amount of time such veterans are required to travel to receive such care, the Secretary shall fully use the dialysis resources of the Department that exist as of the date of the enactment of this Act, including any community dialysis provider with which the Secretary has entered into a contract or agreement for the provision of such care. (d) Definitions In this section: (1) The term dialysis pilot program means the pilot demonstration program established by the Secretary in 2009 to provide dialysis care to patients at certain outpatient facilities operated by the Department of Veterans Affairs. (2) The term initial facility means one of the four outpatient facilities identified by the Secretary to participate in the dialysis pilot program prior to the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3831ih/xml/BILLS-113hr3831ih.xml
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113-hr-3832
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I 113th CONGRESS 2d Session H. R. 3832 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to modify the surety bond requirement applicable to home health agencies as a condition of participation under Medicare.
1. Modification of Medicare home health surety bond condition of participation requirement Section 1861(o)(7) of the Social Security Act ( 42 U.S.C. 1395x(o)(7) ) is amended to read as follows: (7) provides the Secretary with a surety bond— (A) in a form specified by the Secretary and in an amount that is not less than $50,000; and (B) that the Secretary determines is commensurate with the volume of payments to the home health agency; and .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3832ih/xml/BILLS-113hr3832ih.xml
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113-hr-3833
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I 113th CONGRESS 2d Session H. R. 3833 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to modify the Medicare durable medical equipment face-to-face encounter documentation requirement.
1. Modifying Medicare durable medical equipment face-to-face encounter documentation requirement Section 1834(a)(11)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(a)(11)(B)(ii) ) is amended— (1) by striking the physician documenting that ; and (2) by striking has had a face-to-face encounter and inserting documenting such physician, physician assistant, practitioner, or specialist has had a face-to-face encounter .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3833ih/xml/BILLS-113hr3833ih.xml
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113-hr-3834
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I 113th CONGRESS 2d Session H. R. 3834 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Cramer introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure that certain communities may be granted exceptions for floodproofed residential basements for purposes of determining risk premium rates for flood insurance.
1. Short title This Act may be cited as the Flood Safe Basements Act . 2. Treatment of floodproofed residential basements (a) Definitions In this section— (1) for purposes of rating a floodproofed covered structure, the term adjusted base flood elevation means the base flood elevation for a covered structure on the applicable effective flood insurance rate map, plus 1 foot; (2) the term Administrator means the Administrator of the Federal Emergency Management Agency; (3) the term applicable flood plain management measures means flood plain management measures adopted by a community under section 60.3(c) of title 44, Code of Federal Regulations; (4) the term covered structure means a residential structure— (A) that is located in a community that has adopted flood plain management measures that are approved by the Federal Emergency Management Agency and satisfy the requirements for an exception for floodproofed residential basements under section 60.6(c) of title 44, Code of Federal Regulations; and (B) that was built in compliance with the applicable flood plain management measures; (5) the term floodproofed elevation means the height of floodproofing on a structure, as identified on the Residential Basement Floodproofing Certificate for the structure; and (6) the term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (b) Preservation of basement exception Notwithstanding the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916), the amendments made by that Act, or any other provision of law, the Administrator shall rate a covered structure using the elevation difference between the floodproofed elevation of the covered structure and the adjusted base flood elevation of the covered structure.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3834ih/xml/BILLS-113hr3834ih.xml
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113-hr-3835
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I 113th CONGRESS 2d Session H. R. 3835 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require new procedures for health care Exchange Web sites with regard to personal information, and for other purposes.
1. Short title This Act may be cited as the Before Registering for Obamacare, Window Shop Exchanges Act of 2014 and as the BROWSE Act of 2014 . 2. Exchange Web site requirements (a) Web site requirements An Exchange established pursuant to section 1321(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18041(c) )— (1) may not request personal information of an individual through a Web site maintained by such Exchange (including a Web site maintained in accordance with section 1311(d)(4)(C) of such Act ( 42 U.S.C. 18031(d)(4)(C) )) unless— (A) such information is necessary to calculate an estimated premium amount for the individual for a period; and (B) the individual has access through such Exchange to compare health care plans offered through such Exchange before the collection through such Web site of such personal information of such individual; (2) may not provide to an individual, through such a Web site, an estimated premium amount for the individual for a period if such premium amount is calculated prior to the submission by the individual of personal information to the Exchange through the Web site; and (3) shall require that any employee who has access to personal information passes a criminal background check, has not been convicted of a crime, and enters into an agreement not to disclose any such personal information to any person who is not authorized to access such personal information. (b) Personal information defined In this section, the term personal information means any information that identifies an individual and can be associated with such individual (including a Social Security account number, taxpayer identification number, State identification number or other identifier, or account information with respect to credit cards (as defined under section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 )) or with respect to an account held by the individual at a depository institution (as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) or a credit union) that is not information necessary to contact an individual. (c) Effective date This Act shall take effect 6 months after the date of the enactment of this Act.
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113-hr-3836
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I 113th CONGRESS 2d Session H. R. 3836 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Duncan of Tennessee (for himself, Ms. Speier , Mrs. Black , Mrs. Blackburn , Mr. Cohen , Mr. Cooper , Mr. DesJarlais , Mr. Fincher , Mr. Fleischmann , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s.
1. Short title This Act may be cited as the Pat Summitt Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) Pat Summitt, who has more wins than any basketball coach in NCAA history, men or women, concluded her coaching career after 38 seasons at the University of Tennessee on April 18, 2012. (2) Pat Summitt won a record eight NCAA championships, and received National Coach of the Year honors 7 times over her career. (3) Pat Summitt will remain head coach emeritus at the University of Tennessee, mentoring and teaching life skills to players. (4) Coaching has been the great passion of Pat Summitt’s life, and the job has always been an opportunity for her to work with student-athletes and help them discover their true potential. (5) Coach Summitt’s last team at the University of Tennessee finished with an overall record of 27–9, including an SEC Tournament Championship and a spot in the Final Four in Denver. (6) Pat Summitt continued her work off the court, including a graduation record of 100 percent for all Lady Vols who completed their eligibility at the University of Tennessee. (7) Pat Summitt announced on August 23, 2011, that she had been diagnosed with early onset dementia, Alzheimer’s Type . (8) Later in November 2011, Coach Summitt announced the Pat Summitt Foundation Fund, which helps to provide funding and research for Alzheimer’s and dementia. (9) On May 29, 2012, President Barack Obama awarded the Presidential Medal of Freedom, the country’s highest civilian honor, to Pat Summitt for her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women's team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
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113-hr-3837
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I 113th CONGRESS 2d Session H. R. 3837 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Luetkemeyer (for himself, Mr. Enyart , Mr. Rodney Davis of Illinois , and Mrs. Wagner ) 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 protect employees in the building and construction industry who are participants in multiemployer plans, and for other purposes.
1. Short title This Act may be cited as the Vested Employee Pension Benefit Protection Act . 2. Minimum age for distributions during working retirement (a) Internal Revenue Code of 1986 Paragraph (36) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: (36) Distributions during working retirement (A) In general A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who has attained age 62 and who is not separated from employment at the time of such distribution. (B) Certain employees in the building and construction industry (i) In general In order to allow for unique conditions of employment in the building and construction industry, subparagraph (A) shall be applied by substituting age 55 for age 62 in the case of a multiemployer plan described in section 4203(b)(1)(B)(i) of the Employee Retirement Income Security Act of 1974, with respect to individuals who were participants in such plan on or before April 30, 2013, if— (I) the trust to which subparagraph (A) applies was in existence before January 1, 1970, (II) before December 31, 2011, at a time when the plan provided that distributions may be made to an employee who has attained age 55 and who is not separated from employment at the time of such distribution, the plan received at least 1 written determination from the Internal Revenue Service that the trust to which subparagraph (A) applies constituted a qualified trust under this section, and (III) the plan provides that the benefit accrued on account of service performed after distributions begin under subparagraph (A) (as modified by subparagraph (B) without regard to this subclause) shall be treated and paid as a pension separate from the pension earned before such distributions begin, and that payment of such separate benefit shall not commence until the employee attains the plan’s normal retirement age. (ii) Suspension of payments if plan in endangered or critical status Clause (i) shall not apply to a multiemployer plan during the period for which the multiemployer plan is in endangered or critical status (as defined under section 432) beginning after the first year the plan is in either of such statuses and ending with the first plan year for which the plan is not in either of such statuses. . (b) Employee Retirement Income Security Act of 1974 Section 3(2)(A) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2)(A) ) is amended by inserting before the period at the end the following: (age 55 in the case of a plan to which section 401(a)(36)(B) of the Internal Revenue Code of 1986 applies) . (c) Effective date The amendments made by this section shall apply to distributions made before, on, or after the date of the enactment of this Act.
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113-hr-3838
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I 113th CONGRESS 2d Session H. R. 3838 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Paulsen (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for utilities that sell intermittent renewable power.
1. Consumer renewable credit (a) Business credit (1) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Consumer renewable credit (a) General rule For purposes of section 38, in the case of an eligible taxpayer, the consumer renewable credit for any taxable year is an amount equal to the product of— (1) the renewable portfolio factor of such eligible taxpayer, and (2) the number of kilowatt hours of renewable electricity— (A) purchased or produced by such taxpayer, and (B) sold by such taxpayer to a retail customer during the taxable year and before January 1, 2020. (b) Renewable portfolio factor The renewable portfolio factor for an eligible taxpayer for any taxable year shall be determined in accordance with the following table: In the case of a renewable electricity percentage of: The renewable portfolio factor is: Less than 6 percent zero cents At least 6 percent but less than 8 percent 0.1 cents At least 8 percent but less than 12 percent 0.2 cents At least 12 percent but less than 16 percent 0.3 cents At least 16 percent but less than 20 percent 0.4 cents At least 20 percent but less than 24 percent 0.5 cents Equal to or greater than 24 percent 0.6 cents. (c) Definitions and special rules For purposes of this section— (1) Eligible taxpayer The term eligible taxpayer means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22) ). (2) Renewable electricity The term renewable electricity means electricity generated by— (A) any facility using wind to generate such electricity, or (B) any facility using solar energy to generate such electricity. (3) Renewable electricity percentage The term renewable electricity percentage means, with respect to any taxable year, the percentage of an eligible taxpayer’s total sales of electricity to retail customers that is derived from renewable electricity (determined without regard to whether such electricity was produced by the taxpayer). (4) Application of other rules For purposes of this section, rules similar to the rules of paragraphs (1), (3), and (5) of section 45(e) shall apply. (5) Credit allowed only with respect to one eligible entity No credit shall be allowed under subsection (a) with respect to renewable electricity purchased from another eligible entity if a credit has been allowed under this section or a payment has been made under section 6433 to such other eligible entity. (6) Credit and renewable electricity percentage enhancement (A) Native American wind and solar Any renewable electricity generated from a wind or solar energy facility located on Indian land, as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ), shall for purposes of this section be considered as twice the electricity production as is actually produced from such facility. (B) Electric cooperative wind and solar Any renewable electricity generated from a wind or solar energy facility owned entirely by a mutual or cooperative electric company, as defined in section 501(c)(12), or section 1381(a)(2)(C), shall for purposes of this section be considered as one and one-half times the electricity production as is actually produced from such facility. (d) Coordination with payments The amount of the credit determined under this section with respect to any electricity shall be reduced to take into account any payment provided with respect to such electricity solely by reason of the application of section 6433. . (2) Credit made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the consumer renewable credit determined under section 45S(a). . (3) Specified credit Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (v) the following new clause: (vi) the credit determined under section 45S. . (4) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Consumer renewable credit. . (b) Payments in lieu of credit (1) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Consumer renewable credit payments (a) In general If any eligible person sells renewable electricity to a retail customer, the Secretary shall pay (without interest) to any such person who elects to receive a payment an amount equal to the product of— (1) the renewable portfolio factor of such eligible person, and (2) the number of kilowatt hours of renewable electricity— (A) purchased or produced by such person, and (B) sold by such person in the trade or business of such person to a retail customer before January 1, 2020. (b) Timing of payments (1) In general Except as provided in paragraph (2), rules similar to the rules of section 6427(i)(1) shall apply for purposes of this section. (2) Quarterly payments (A) In general If, at the close of any quarter of the taxable year of any person (or fiscal year in the case of an eligible person that does not have a taxable year), at least $750 is payable in the aggregate under subsection (a), to such person with respect to electricity purchased or produced during— (i) such quarter, or (ii) any prior quarter (for which no other claim has been filed) during such year, a claim may be filed under this section with respect to such electricity. (B) Time for filing claim No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. (c) Definitions and special rules For purposes of this section— (1) Eligible person The term eligible person means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22) ) or a Federal power marketing agency as defined in section 3(19) of the Federal Power Act. (2) Other definitions Any term used in this section which is also used in section 45S shall have the meaning given such term under section 45S. (3) Application of other rules For purposes of this section, rules similar to the rules of paragraphs (1) and (3) of section 45(e) shall apply. (d) Payment disallowed unless amount passed to third-Party generators charged for integration costs (1) In general In the case of renewable electricity eligible for the payment under subsection (a) that is purchased and not produced by an eligible person, no payment shall be made under this section unless any charge the eligible person has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the payment received under subsection (a) associated with such electricity. (2) Definitions For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand-alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures. (e) Payment allowed for Special Generating and Transmitting Entities (1) In general Notwithstanding subsection (a)(1)(B), an entity that is a special generating and transmitting entity shall be eligible for a payment under this section for renewable electricity it transmits, regardless of whether such utility purchased or sold such electricity for its customers. (2) Definitions For purposes of this subsection, the term special generating and transmitting entity means— (A) an entity that is primarily engaged in marketing electricity and— (i) provides transmission service for over four thousand megawatts of renewable generating facilities, as determined by reference to the machine or nameplate capacity thereof, and (ii) transmits the majority of its renewable electricity transmitted to customers located outside the region it serves, or (B) an entity that is a generation and transmission cooperative, which engages primarily in providing wholesale electric service to its members, generally consisting of distribution cooperatives. . (2) Clerical amendment The table of sections for subpart B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Renewable electricity integration payments. . (c) Effective date The amendments made by this section shall apply to electricity sold to retail customers after the date of the enactment of this Act.
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113-hr-3839
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I 113th CONGRESS 2d Session H. R. 3839 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Rangel introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to establish a grant program to assist the repair and replacement of bridges, and for other purposes.
1. Short title This Act may be cited as the Building and Repairing Infrastructure with Domestic Gains in Employment Act of 2013 or the BRIDGE Act of 2013 . 2. Bridge repair and replacement grant program (a) Establishment The Secretary of Transportation is authorized to make a grant, on a competitive basis, to a State to assist a project to repair or replace a bridge. (b) Criteria for grant awards In making a grant under subsection (a), the Secretary shall give preference to a proposed project that, as determined by the Secretary— (1) addresses a bridge with a demonstrated significant need for repair or replacement; and (2) creates a significant number of jobs. (c) Applications To be eligible for a grant under subsection (a), a State shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, which shall include— (1) an identification of the bridge to be repaired or replaced; (2) a description of the activities to be undertaken with grant funds; (3) an analysis of the need for the activities described in paragraph (2); and (4) an analysis of the number of jobs to be created as a result of the grant. (d) Federal share The Federal share of the cost of a project assisted with a grant made under subsection (a) may not exceed 80 percent. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000,000.
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113-hr-3840
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I 113th CONGRESS 2d Session H. R. 3840 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Thornberry introduced the following bill; which was referred to the Committee on Armed Services A BILL To establish the Office of Net Assessment within the Department of Defense.
1. Office of Net Assessment (a) Policy It is the policy of the United States to maintain an independent organization within the Department of Defense to develop and coordinate net assessments of the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries so as to identify emerging or future threats or opportunities for the United States. (b) Establishment (1) In general Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 145. Office of Net Assessment (a) In general There is in the Office of the Secretary of Defense an office known as the Office of Net Assessment. (b) Head (1) The head of the Office of Net Assessment shall be appointed by the Secretary of Defense. The head shall be a member of the Senior Executive Service. (2) The head of the Office of Net Assessment may communicate views on matters within the responsibility of the head directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense. (3) The head of the Office of Net Assessment shall report directly to the Secretary. The Secretary may not delegate the authority under this paragraph. (c) Responsibilities The Office of Net Assessment shall develop and coordinate net assessments with respect to the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries to identify emerging or future threats or opportunities for the United States. (d) Budget In the budget materials submitted to the President by the Secretary of Defense in connection with the submittal to Congress, pursuant to section 1105 of title 31, of the budget for any fiscal year after fiscal year 2014, the Secretary shall ensure that a separate, dedicated program element is assigned for the Office of Net Assessment. (e) Net assessment defined In this section, the term net assessment means the comparative analysis of military, technological, political, economic, and other factors governing the relative military capability of nations. . (2) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 145. Office of Net Assessment. .
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113-hr-3841
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I 113th CONGRESS 2d Session H. R. 3841 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to provide that foreign income be considered in the determination of eligibility for grants and loans under that Act.
1. Inclusion of foreign income for purposes of determining total income for higher education grant and loan eligibility Section 480(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(b) ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: (H) foreign income excluded for purposes of Federal income taxes; ; and (2) in paragraph (2)— (A) in subparagraph (D), by striking the semicolon and inserting ; or ; (B) by striking subparagraph (E); and (C) by redesignating subparagraph (F) as subparagraph (E).
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113-hr-3842
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I 113th CONGRESS 2d Session H. R. 3842 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Education to conduct a feasibility study for using income tax returns as the primary Federal student aid application.
1. Study on use of individual income tax returns as primary application for Federal student aid (a) Study The Secretary of Education, in consultation with the Commissioner of Internal Revenue, shall conduct a study on the feasibility and advantages and disadvantages of using individual income tax returns as the primary form of application for student aid under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). (b) Report Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the Commissioner, shall submit to Congress a report containing the results of the study conducted under subsection (a).
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113-hr-3843
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I 113th CONGRESS 2d Session H. R. 3843 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income discharges of Federal student loans as a result of veterans’ service-connected total disability that is permanent in nature.
1. Short title This Act may be cited as the Veteran Tax Parity Act . 2. Exclusion from gross income for discharge of Federal student loans of veterans as a result of permanent service-connected total disability (a) In general Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by inserting or if such discharge resulted from an individual having a service-connected total disability that is permanent in nature as determined by the Secretary of Veterans Affairs before the period at the end.
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113-hr-3844
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I 113th CONGRESS 2d Session H. R. 3844 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts.
1. Requirement that cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts (a) Requirement Subparagraph (A) of section 2305(a)(3) of title 10, United States Code, is amended by striking proposals; and at the end of clause (ii) and all that follows through the end of the subparagraph and inserting the following: proposals and that must be assigned importance at least equal to all evaluation factors other than cost or price when combined. . (b) Waiver Section 2305(a)(3) of such title is further amended by striking subparagraph (B) and inserting the following: (B) The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency. . (c) Report Section 2305(a)(3) of such title is further amended by adding at the end the following new subparagraph: (C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph (B) during the preceding fiscal year. .
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113-hr-3845
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I 113th CONGRESS 2d Session H. R. 3845 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To require the Administrator of NASA to assess the cost and schedule implications of extending science missions beyond planned mission lifetimes.
1. Short title This Act may be cited as the Assessing NASA Science Mission Extensions Act . 2. Science mission extensions Section 30504 of title 51, United States Code is amended to read as follows: 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. In conducting these assessments, the Administrator shall consider— (1) the potential continued benefit of instruments on missions that are beyond their planned mission lifetime; and (2) the cost and schedule impacts, if any, of mission extension on other NASA activities and science missions. (b) Consultation requirement When deciding whether to extend science missions with an operational component, the Administrator shall consult with the National Oceanic and Atmospheric Administration and any other affected Federal agency. .
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113-hr-3846
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I 113th CONGRESS 2d Session H. R. 3846 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mrs. Miller of Michigan (for herself, Mr. McCaul , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the authorization of border, maritime, and transportation security responsibilities and functions in the Department of Homeland Security and the establishment of United States Customs and Border Protection, and for other purposes.
1. Short title This Act may be cited as the United States Customs and Border Protection Authorization Act . 2. Establishment of United States Customs and Border Protection (a) In general Section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended to read as follows: 411. Establishment of United States Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices (a) In general There is established in the Department an agency to be known as United States Customs and Border Protection. (b) Commissioner of United States Customs and Border Protection There shall be at the head of United States Customs and Border Protection a Commissioner of United States Customs and Border Protection (in this section referred to as the Commissioner ), who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties The Commissioner shall— (1) ensure the interdiction of persons and goods illegally entering or exiting the United States; (2) facilitate and expedite the flow of legitimate travelers and trade; (3) detect, respond, and interdict terrorists, drug traffickers, human traffickers, criminals, and other persons who may undermine the security of the United States; (4) safeguard the borders of the United States to protect against the entry of dangerous goods while facilitating and expediting the flow of legitimate trade and travel; (5) oversee the functions of the Office of International Trade established under section 402 of the Security and Accountability for Every Port Act of 2006 ( 19 U.S.C. 2072 ; Public Law 109–347 ); (6) enforce and administer all customs laws of the United States; (7) develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and prioritizing of passengers and cargo across all international modes of transportation, both inbound and outbound; and (8) carry out the duties and powers prescribed by law or delegated by the Secretary. (d) Deputy Commissioner There shall be in United States Customs and Border Protection a Deputy Commissioner who shall assist the Commissioner in the management of United States Customs and Border Protection. (e) Office of United States Border Patrol (1) In general There is established in United States Customs and Border Protection the Office of United States Border Patrol. (2) Chief There shall be at the head of the Office of United States Border Patrol a Chief, who shall be a uniformed law enforcement officer chosen from the ranks of the United States Border Patrol and who shall report to the Commissioner. (3) Duties The United States Border Patrol shall— (A) serve as the law enforcement office of United States Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported to or exported from the United States at a place other than a designated port of entry; (B) deter and prevent illegal entry of terrorists, terrorist weapons, persons, and contraband; and (C) carry out other duties and powers prescribed by the Commissioner. (f) Office of Air and Marine Operations (1) In general There is established in United States Customs and Border Protection an Office of Air and Marine Operations. (2) Assistant commissioner There shall be at the head of the Office of Air and Marine Operations an Assistant Commissioner, who shall report to the Commissioner. (3) Duties The Office of Air and Marine Operations shall— (A) serve as the law enforcement office of United States Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment; (B) oversee the acquisition, maintenance, and operational use of United States Customs and Border Protection integrated air and marine forces; (C) provide aviation and marine support for other Federal, State, and local law enforcement agency needs, as appropriate; and (D) carry out other duties and powers prescribed by the Commissioner. (g) Office of Field Operations (1) In general There is established in United States Customs and Border Protection an Office of Field Operations. (2) Assistant commissioner There shall be at the head of the Office of Field Operations an Assistant Commissioner, who shall report to the Commissioner. (3) Duties The Office of Field Operations shall coordinate the enforcement activities of United States Customs and Border Protection at United States air, land, and sea ports of entry to— (A) deter and prevent terrorists and terrorist weapons from entering the United States at ports of entry; (B) conduct inspections at United States ports of entry to safeguard the United States from terrorism and illegal entry of persons; (C) prevent illicit drugs, agricultural pests, and contraband from entering the United States; and (D) carry out other duties and powers prescribed by the Commissioner. (h) Office of Intelligence and Investigative Liaison (1) In general There is established in United States Customs and Border Protection an Office of Intelligence and Investigative Liaison. (2) Assistant commissioner There shall be at the head of the Office of Intelligence and Investigative Liaison an Assistant Commissioner, who shall report to the Commissioner. (3) Duties The Office of Intelligence and Investigative Liaison shall— (A) develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the United States Customs and Border Protection duties and responsibilities; (B) collect and analyze advance traveler and cargo information; (C) establish intelligence-sharing relationships with Federal, State, local, and tribal agencies and intelligence agencies; and (D) carry out other duties and powers prescribed by the Commissioner. (i) Office of International Affairs (1) In general There is established in United States Customs and Border Protection an Office of International Affairs. (2) Assistant commissioner There shall be at the head of the Office of International Affairs an Assistant Commissioner, who shall report to the Commissioner. (3) Duties The Office of International Affairs shall— (A) coordinate and support United States Customs and Border Protection’s foreign initiatives, policies, programs, and activities; (B) coordinate and support United States Customs and Border Protection’s personnel stationed abroad; (C) maintain partnerships and information sharing agreements with foreign governments, international organizations, and United States agencies in support of United States Customs and Border Protection duties and responsibilities; (D) provide necessary capacity building, training, and assistance to foreign border control agencies to strengthen global supply chain and travel security; (E) coordinate mission support services to sustain United States Customs and Border Protection’s global activities; (F) lead and coordinate United States Customs and Border Protection’s engagement in international negotiations, in collaboration with the Office of International Affairs of the Department; and (G) carry out other duties and powers prescribed by the Commissioner. (j) Other authorities (1) In general The Secretary may establish such other Assistant Commissioners, agents, officers, and other offices as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Customs and Border Protection. (2) Notification If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the appropriate congressional committees not later than 30 days before exercising such authority. . (b) Special rules (1) Treatment Section 411 of the Homeland Security Act of 2002, as amended by subsection (a) of this section, shall be treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, duties, and authorities specified in such amended section 411, United States Customs and Border Protection shall continue to perform and carry out the functions, missions, duties, and authorities under section 411 of such Act as in existence on the day before such date of enactment. (2) Rules of construction (A) Rules and regulations Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such rule or regulation shall continue to have full force and effect on and after such date. (B) Other actions Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. (c) Continuation in office (1) Commissioner The individual serving as the Commissioner of Customs on the day before the date of the enactment of this Act may serve as the Commissioner of United States Customs and Border Protection on and after such date of enactment until a Commissioner of United States Customs and Border Protection is appointed under section 411 of the Homeland Security Act of 2002, as amended by subsection (a) of this section. (2) Other positions The individuals serving as Assistant Commissioners and other officers and officials under section 411 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act may serve as the appropriate Assistant Commissioners and other officers and officials under such section 411 as amended by subsection (a) of this section unless the Commissioner of United States Customs and Border Protection determines that another individual should hold such position. (d) Reference (1) Title 5 Section 5314 of title 5, United States Code, is amended by striking Commissioner of Customs, Department of Homeland Security and inserting Commissioner of United States Customs and Border Protection, Department of Homeland Security . (2) Other references On and after the date of the enactment of this Act, any reference in law or regulations to the Commissioner of Customs or the Commissioner of the Customs Service shall be deemed to be a reference to the Commissioner of United States Customs and Border Protection. (e) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by striking the item relating to section 411 and inserting the following new item: Sec. 411. Establishment of United States Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices. . 3. Repeals Sections 416 and 418 of the Homeland Security Act of 2002 (6 U.S.C. 216 and 218), and the items relating to such sections in the table of contents in section 1(b) of such Act, are repealed. 4. Clerical and conforming amendments (a) In general The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (1) in title I— (A) in section 102(f)(10) ( 6 U.S.C. 112(f)(10) ), by striking the Directorate of Border and Transportation Security and inserting Commissioner of United States Customs and Border Protection ; and (B) in section 103(a)(1) ( 6 U.S.C. 113(a)(1) )— (i) in subparagraph (C), by striking An Under Secretary for Border and Transportation Security. and inserting A Commissioner of United States Customs and Border Protection. ; and (ii) in subparagraph (G), by striking A Director of the Office of Counternarcotics Enforcement. and inserting A Director for United States Immigration and Customs Enforcement. ; (2) in title IV— (A) by striking the title heading and inserting Border, Maritime, and Transportation Security ; and (B) in subtitle A— (i) by striking the subtitle heading and inserting Border, Maritime, and Transportation Security Responsibilities and Functions ; and (ii) in section 402 ( 6 U.S.C. 202 )— (I) in the section heading, by striking Responsibilities and inserting Border, Maritime, and Transportation Responsibilities ; and (II) by striking , acting through the Under Secretary for Border and Transportation Security, ; (C) in subtitle B— (i) by striking the subtitle heading and inserting United States Customs and Border Protection ; (ii) in section 412(b) ( 6 U.S.C. 212 ), by striking United States Customs Service each place it appears and inserting United States Customs and Border Protection ; (iii) in section 413 ( 6 U.S.C. 213 ), by striking United States Customs Service and inserting United States Customs and Border Protection ; (iv) in section 414 ( 6 U.S.C. 214 ), by striking United States Customs Service and inserting United States Customs and Border Protection ; and (v) in section 415 ( 6 U.S.C. 215 ), by striking United States Customs Service each place it appears and inserting United States Customs and Border Protection ; (D) in subtitle C— (i) by striking section 424 ( 6 U.S.C. 234 ) and inserting the following new section: 424. Preservation of Transportation Security Administration as a distinct entity Notwithstanding any other provision of this Act, the Transportation Security Administration shall be maintained as a distinct entity within the Department. ; and (ii) in section 430 ( 6 U.S.C. 238 )— (I) by amending subsection (a) to read as follows: (a) Establishment There is established in the Department an Office for Domestic Preparedness. ; (II) in subsection (b), by striking the second sentence; and (III) in subsection (c)(7), by striking Directorate and inserting Department ; and (E) in subtitle D— (i) in section 441 ( 6 U.S.C. 251 )— (I) by striking the section heading and inserting Transfer of functions ; and (II) by striking Under Secretary for Border and Transportation Security and inserting Secretary ; (ii) in section 443 ( 6 U.S.C. 253 ), by amending the section to read as follows: 443. Professional responsibility and quality review The Secretary shall be responsible for— (1) conducting investigations on noncriminal allegations of misconduct, corruption, and fraud involving any employee of United States Immigration and Customs Enforcement and United States Customs and Border Protection that are not subject to investigation by the Inspector General of the Department; (2) inspecting the training and operations of United States Immigration and Customs Enforcement and United States Customs and Border Protection, and providing assessments of the quality of such training and operations; (3) providing analysis of the management of United States Immigration and Customs Enforcement and United States Customs and Border Protection; and (4) monitoring contracts between the Department and the private sector that provide technology, equipment, or services relating to border security to ensure that proper procedures are being followed. ; and (iii) in section 444 ( 6 U.S.C. 254 ), by amending the section to read as follows: 444. Employee discipline The Secretary may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of United States Immigration and Customs Enforcement and United States Customs and Border Protection who willfully deceives Congress or agency leadership on any matter. . (b) Conforming amendments Section 401 of the Homeland Security Act of 2002 ( 6 U.S.C. 201 ) is repealed. (c) Clerical amendments The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended— (1) by striking the item relating to title IV and inserting the following: Title IV—Border, Maritime, and Transportation Security ; (2) by striking the item relating to subtitle A of title IV and inserting the following: Subtitle A—Border, Maritime, and Transportation Security Responsibilities and Functions ; (3) by striking the item relating to section 401; (4) by striking the item relating to subtitle B of title IV and inserting the following: Subtitle B—United States Customs and Border Protection ; (5) by striking the item relating to section 441 and inserting the following: Sec. 441. Transfer of functions. ; and (6) by striking the item relating to section 442 and inserting the following: Sec. 442. United States Immigration and Customs Enforcement. .
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113-hr-3847
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I 113th CONGRESS 2d Session H. R. 3847 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Barber (for himself, Mr. Daines , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 require the Secretary of Homeland Security the responsibility to develop and provide to the Secretary of Health and Human Services risk-based, performance-based cybersecurity standards for the Federal information technology requirements under the Patient Protection and Affordable Care Act, including the healthcare.gov website, and for other purposes.
1. Short title This Act may be cited as the Cyber Awareness and Recovery Enhancement Act of 2013 or the CARE Act of 2013 . 2. Cybersecurity for healthcare.gov website (a) In general Notwithstanding the requirements of the Federal Information Security Management Act of 2002 ( 44 U.S.C. 3531 et seq. ) or any other provision of law, not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and provide to the Secretary of Health and Human Services risk-based, performance-based cybersecurity standards for the Federal information technology requirements under the Patient Protection and Affordable Care Act ( Public Law 111–148 ), including the healthcare.gov website (or any successor website). Such standards shall be based on cybersecurity best practices, and on homeland security information that the Secretary of Homeland Security has collected, analyzed, and disseminated about cyber threats, vulnerabilities, and consequences. (b) Consultation In carrying out the cybersecurity standards described in subsection (a), the Secretary of Homeland Security shall consult with the Secretary of Health and Human Services. (c) Implementation and enforcement Not later than 90 days after receiving the cybersecurity standards described in subsection (a), the Secretary of Health and Human Services shall adopt and implement such cybersecurity standards. (d) Enforcement The Secretary of Health and Human Services shall submit to Congress an annual report on cyber incidents relating to the Federal information technology requirements under the Patient Protection and Affordable Care Act, including the healthcare.gov website (or any successor website).
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113-hr-3848
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I 113th CONGRESS 2d Session H. R. 3848 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Bishop of New York (for himself and Mr. Israel ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to add New York to the New England Fishery Management Council, and for other purposes.
1. Short title This Act may be cited as the New York Fair Fishing Act . 2. Addition of New York to New England Fishery Management Council Section 302(a)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1)(A) ) is amended— (1) by inserting New York, after New Hampshire, ; (2) by striking except and inserting except New York and except ; (3) by striking 18 and inserting 21 ; and (4) by striking 12 and inserting 14 .
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113-hr-3849
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I 113th CONGRESS 2d Session H. R. 3849 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Cassidy introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , the Judiciary , Natural Resources , House Administration , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the repeal of the Patient Protection and Affordable Care Act if it is determined that the Act has resulted in increasing the number of uninsured individuals.
1. Short title This Act may be cited as the Health Insurance Accountability Act of 2014 . 2. Repeal of PPACA (a) In general The Patient Protection and Affordable Care Act ( Public Law 111–148 ) and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2011 ( Public Law 111–152 ) shall be repealed effective on the date on which the Comptroller General report under subsection (b) determines that, at any point in time after the date of enactment of this Act, the number of individuals in the United States who are uninsured exceeds the number of individuals who were uninsured on the date of enactment of the Patient Protection and Affordable Care Act. (b) Reports (1) In general Not later than 30 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Census Bureau, shall conduct a study to determine the number of individuals in the United States who are uninsured, and submit to the appropriate committees of Congress a report concerning the results of such study, including both the number of individuals in the United States who are determined to be currently uninsured and the number of individuals in the United States who were uninsured on the date of enactment of the Patient Protection and Affordable Care Act. (2) Subsequent studies and reports The Comptroller General shall conduct one or more subsequent studies every 60 days (and submit reports based on the results of such studies) until the Comptroller General makes a determination that the number of individuals in the United States who are uninsured exceeds the number of individuals who were uninsured on the date of enactment of the Patient Protection and Affordable Care Act. (3) Sunset No reports shall be submitted under this section after the date that is 5 years after the date of enactment of this Act. (c) Transfer of funding (1) In general If, based on the last report submitted during a fiscal year under subsection (b), the Comptroller General of the United States determines that the number of uninsured individuals for such fiscal year has decreased as compared to the number of uninsured individuals on the date of enactment of the Patient Protection and Affordable Care Act, the Secretary of Health and Human Services shall reduce the funding described in paragraph (3)(A) by an amount determined in accordance with paragraph (2), and such amount shall be rescinded and permanently cancelled for the purpose of debt reduction. (2) Amount The amount determined under this paragraph for a fiscal year shall be equal to the amount which bears the same ratio to the total amount of funding for such fiscal year as described in paragraph (3)(A) as the total number of uninsured individuals determined for such fiscal year bears to the total number of uninsured individuals on the date of enactment of such Act. (3) Funding described (A) In general The funding described in this section includes— (i) the amount provided for under section 2793 of the Public Health Service Act ( 42 U.S.C. 300gg–93 ) for the fiscal year involved and which remains unobligated; (ii) the amount provided for under section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) for the fiscal year involved and which remains unobligated; and (iii) the amount provided for under section 1005 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) for the fiscal year involved and which remains unobligated. (B) Reductions With respect to any reductions required to be made under this subsection for a fiscal year, each amount in funding described in subparagraph (A) shall be reduced by the pro rata percentage required to reduce the total amount of such spending by the amount required under this subsection for the fiscal year involved. (d) Definition In this section, the term uninsured with respect to an individual, means an individual lawfully present in the United States who is not covered by health insurance.
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113-hr-3850
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I 113th CONGRESS 2d Session H. R. 3850 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Gibson (for himself, Mr. Reed , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2014 through 2018.
1. Short title This Act may be cited as the Older Americans Act Reauthorization of 2014 . 2. Amendments (a) Authorization of appropriations Section 216 of the Older Americans Act of 1965 ( 42 U.S.C. 3020f ) is amended by striking 2007, 2008, 2009, 2010, and 2011 each place it appears and inserting 2014, 2015, 2016, 2017, and 2018 . (b) Authorization of appropriations for Grants for state and community programs on aging The Older Americans Act of 1965 ( 42 U.S.C. 3023 )— (1) in section 303— (A) in subsections (a), (b), and (d) by striking 2007, 2008, 2009, 2010, and 2011 each place it appears and inserting 2014, 2015, 2016, 2017, and 2018 , and (B) in subsection (e)— (i) by striking paragraph (1), (ii) in paragraph (2) by striking $166,500,000 and all that follows through 2011 , and inserting $187,000,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018 , and (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and (2) in section 373(f)(1)(A) is amended by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018 . (c) Authorization of appropriations for educational activities Section 411(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032(b) ) is amended by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018 . (d) Authorization of appropriations for community service employment Section 517(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3056o ) is amended by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018 . (e) Authorization of appropriations for grants for Native Americans Section 643 of the Older Americans Act of 1965 ( 42 U.S.C. 3057n ) is amended— (1) in paragraph (1) by striking 2007 and inserting 2014 , and (2) by amending paragraph (2) to read as follows: (2) for part C, $7,900,000 for each of the fiscal years 2015, 2016, 2017, and 2018. .
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113-hr-3851
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I 113th CONGRESS 2d Session H. R. 3851 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Lance introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal sections 1341 and 1342 of the Patient Protection and Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the No Bailouts for Insurance Industry Act of 2014 . 2. Findings; purpose (a) Findings Congress finds the following: (1) According to the most recent United States Census, employer-based health insurance is the largest source of health insurance coverage in the United States. Of those employed, 70 percent receive employment-based health insurance. Of unemployed Americans, 30 percent receive employer-sponsored health insurance. (2) Despite the large percentages of coverage, as health care costs climb, the percentage of Americans who receive health insurance through employers has fallen significantly over the last decade—from 70 percent nationwide in 2000 to 60 percent in 2011, according to a report by the Robert Wood Johnson Foundation. (3) According to recent surveys done by the National Business Group on Health and the Kaiser Family Foundation, most companies continue to provide health insurance for employees and wish to continue doing so into the future. (4) Employers that offer insurance will not contribute additional risk to the Health Insurance Exchanges established in the Patient Protection and Affordable Care Act (in this Act referred to as PPACA ). (5) The transitional reinsurance program, established in section 1341 of PPACA, is intended to stabilize risk in the individual health insurance market during the first three years of the Health Insurance Exchanges, as established by that Act. (6) PPACA also requires that the Treasury collect a fee for each employer-sponsored covered life in order to pay for the transitional reinsurance program. (7) This fee is a disincentive for employers to continue offering coverage to all employees, and does not give employers any benefits of the transitional reinsurance program. (b) Purpose It is the purpose of this Act to remove the current funding mechanism for the transitional reinsurance program in order that employer-sponsored insurance is supported so that Americans can sustain quality health coverage. 3. Repeal of sections 1341 and 1342 of PPACA (a) Repeal of section 1341 (1) In general Section 1341 of PPACA ( 42 U.S.C. 18061 ) is repealed. (2) Effective date The repeal of such section shall apply to plan years beginning after the date of the enactment of this Act. (3) Application In applying such section before the effective date of such repeal— (A) any reference in such section to the 3-year period beginning January 1, 2014 or to the 36-month period beginning January 1, 2014 is deemed a reference to the period beginning January 1, 2014, and ending on the date of the enactment of this Act; (B) with respect to the amounts specified in clauses (iii) and (iv) of subsection (b)(3)(B) of such section, the amounts for 2014 shall be reduced in a pro-rata manner to reflect only the portion of 2014 occurring before the date of the enactment of this Act and no amounts shall be provided for periods after such date; (C) in applying subsection (b)(4)(A) of such section, amounts collected may only be used for 2014 and, notwithstanding subsection (b)(4)(B) of such section, amounts remaining unexpended as of December 2014 shall be returned, in a pro rata manner, to health insurance issuers making contributions under such section; and (D) the reference in subsection (c)(1)(A) of such section to the first 3 years of operation shall be deemed a reference to the period of operation ending not later than December 31, 2014. (4) Construction Nothing in this subsection shall be construed as affecting the authority of a State, without regard to section 1341 of PPACA, to implement reinsurance programs with respect to health insurance coverage offered in the State. (b) Repeal of section 1342 (1) In general Section 1342 of PPACA ( 42 U.S.C. 18062 ) is repealed. (2) Effective date The repeal made by paragraph (1) shall apply to calendar years beginning after the date of the enactment of this Act.
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113-hr-3852
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I 113th CONGRESS 2d Session H. R. 3852 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Ms. Lee of California (for herself, Ms. Speier , Mr. Garamendi , Mr. McDermott , Mr. Nadler , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.
1. Repeal of Authorization for Use of Military Force Against Iraq Resolution of 2002 The Authorization for Use of Military Force Against Iraq Resolution of 2002 ( Public Law 107–243 ; 50 U.S.C. 1541 note) is hereby repealed.
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113-hr-3853
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I 113th CONGRESS 2d Session H. R. 3853 IN THE HOUSE OF REPRESENTATIVES January 10, 2014 Mr. Reed (for himself, Mr. Stutzman , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Patient Protection and Affordable Care Act to prohibit Government contributions under the Federal employees health benefit program towards Exchange health insurance coverage of Members of Congress.
1. Short title This Act may be cited as the No Special Treatment for Members of Congress Act . 2. No Government contributions under FEHB towards Exchange health insurance coverage of Members of Congress (a) In general Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended by adding at the end the following new clause: (iii) No Government contribution under FEHB No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress for coverage made available to such individual pursuant to this subparagraph. . (b) Effective date The amendment made by subsection (a) shall apply as if included in the enactment of section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ).
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113-hr-3854
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I 113th CONGRESS 2d Session H. R. 3854 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Fitzpatrick (for himself, Ms. McCollum , and Mr. Costa ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Community Services Block Grant Act to reauthorize and modernize the Act.
1. Short title This Act may be cited as the Community Economic Opportunity Act of 2014 . 2. Reauthorization The Community Services Block Grant Act (42 U.S.C. 8 9901 et seq.) is amended to read as follows: B Community Services Block Grant Program 671. Short title This subtitle may be cited as the Community Services Block Grant Act . 672. Purposes The purposes of this subtitle are— (1) to reduce poverty in United States communities by supporting the activities of community action agencies that reduce the causes and conditions of poverty and persistent economic insecurity by— (A) providing individuals and families with opportunities to become economically secure; and (B) developing new economic opportunities in the communities in which low- and moderate-income individuals live; and (2) to accomplish the objectives described in paragraph (1) by— (A) strengthening community capabilities for identifying poverty conditions and opportunities to alleviate such conditions and planning Federal, State, local, and other assistance, including private resources, related to the reduction of poverty so that resources can be used in a manner responsive to local needs and conditions; (B) organizing and coordinating multiple services and resources so as to have a measurable and significant impact on the causes of poverty in the community and to help families and individuals find and utilize opportunities to become economically secure; (C) using innovative community-based approaches to attack the causes and effects of poverty and to build community social and economic assets; (D) empowering residents to respond to the unique problems and needs within their communities through civic participation and partnerships; (E) broadening the sources and number of resources directed to the elimination of poverty, so as to promote statewide, regional, and local partnerships that— (i) achieve the purposes of this subtitle; and (ii) include— (I) private, religious, charitable, and neighborhood-based organizations; (II) individuals, businesses, labor organizations, professional organizations, and other organizations engaged in expanding opportunities for all individuals; and (III) local government leaders; and (F) by ensuring the maximum feasible participation of residents of low-income communities and of members of the groups served by programs, projects, and services under this subtitle, in advising and assessing the eligible entities and in designing their programs, projects, and services funded under this subtitle. 673. Definitions In this subtitle: (1) Community action agency; community services network organization; eligible entity (A) Community action agency The term community action agency means an eligible entity (which meets the requirements of paragraph (1) or (2), as appropriate, of section 681(c)) that is a public charity (other than an organization described in section 509(a)(4) of the Internal Revenue Code of 1986) and that delivers multiple programs, projects, or services to a variety of low-income groups. (B) Community services network organization The term community services network organization means any of the following organizations funded under this subtitle— (i) a grantee; (ii) an eligible entity; or (iii) an organization organized by multiple grantees or eligible entities, that is governed by a Board of Directors of which at least 3/4 of the members— (I) are employees or other designees of such a grantee or eligible entity; and (II) are selected by an open and democratic process by the members of the organization. (C) Eligible entity The term eligible entity means an entity— (i) that is an eligible entity described in section 673(1) as in effect on October 26, 1998, or has been designated by the process described in section 681(a) (including an organization serving migrant or seasonal farmworkers that is so described or designated); and (ii) that has a tripartite board or other mechanism described in paragraph (1) or (2), as appropriate, of section 681(c). (2) Community action program plan community action program plan means a detailed plan, including a budget, for expenditures of funds appropriated for a fiscal year under this title for the activities supported directly or indirectly by such funds. (3) Community action strategic plan The term community action strategic plan means a plan that is adopted as the policy of an eligible entity and that— (A) establishes goals for a period of not less than 4 years that are based on meeting needs identified by the entity in consultation with the residents of the community through a process of comprehensive community needs assessment; (B) provides detail on how all activities of an eligible entity under this subtitle will contribute to meeting such goals including, but not limited to, how such entity will use funding received under this subtitle to reduce the impact of the causes of poverty in the community; and (C) specifies how such activities will be managed, funded, and measured by the performance measurement system of such entity. (4) Grantee The term grantee means a recipient of a grant under section 677 or 678 or a corresponding provision of this subtitle (as in effect on the day before the date of enactment of the Community Economic Opportunity Act of 2014). (5) Performance benchmark The term performance benchmark means a measurable objective for the operations and activities set out in a community action program plan or a State plan under this subtitle. Such annual objectives may be part of, but not the entirety of, the outcomes identified by the performance measurement system in which a community services network organization participates. (6) Performance measurement system The term performance measurement system means a management information system that collects and reports information about the outcomes of activities and investments funded in whole or in part with funds appropriated under this subtitle, including but not limited to annual performance benchmarks, compares the actual outcomes with the intended outcomes, and is used as a basis for management decisions regarding future use of resources provided under this subtitle. (7) Poverty line (A) In general The term poverty line means the official poverty line defined by the Office of Management and Budget, based on the most recent data available from the Bureau of the Census, subject to subparagraphs (C) and (D). The Secretary shall revise the poverty line annually (or at any shorter interval the Secretary determines to be feasible and desirable). The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. (B) Community services block grant eligibility criterion Subject to subparagraphs (C) and (D), the poverty line, as defined in subparagraph (A), shall be used as a criterion of eligibility in the community services block grant program established under this subtitle. (C) Waivers for state use of higher eligibility level Whenever a community action plan provides that a program, project, or service funded under this subtitle requires use of a higher eligibility standard than the standard otherwise applicable under this paragraph, for the purpose of ensuring (for the purposes of this subtitle) coordination of activities carried out under with other programs or activities of eligible entities that are delivered to low-income individuals, the State shall, as part of the annual application described in section 680, apply to the Secretary for a waiver that allows use of that standard with respect to that program, project, or service, and the Secretary may approve the waiver pursuant to the procedures in section 680. (D) Procedures for continued eligibility A State may establish procedures to ensure that a participant in a program, project, or service funded under this subtitle remains eligible to participate as long as the participant is successfully progressing towards achievement of the goals of the program, project, or service, regardless of the participant's continuing eligibility under subparagraphs (A) through (C). (9) Private, nonprofit organization The term private nonprofit organization includes a religious organization to which the provisions of section 690 shall apply. (10) Public charity The term public charity means a domestic or foreign organization that is— (A) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) described in paragraph (1), (2), (3), or (4) of section 509(a) of the Internal Revenue Code of 1986. (11) Secretary The term Secretary means the Secretary of Health and Human Services. (12) Service area The term service area means the unique geographic area which the State has designated as the area to be served by an eligible entity. (13) State The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Commonwealth of the Northern Mariana Islands. 676. Establishment of community services block grant program (a) The Secretary is authorized to establish a community services block grant program and to make grants through the program, under sections 677 and 678 to States to support local community action program plans carried out by eligible entities to ameliorate the conditions that cause poverty in the communities served by such entities. (b) The Secretary is authorized to carry out other community programs described in section 693 of this title. (c) Uniform administrative requirements Notwithstanding any other provision of the Omnibus Budget Reconciliation Act of 1981 ( Public Law 97–35 ), funds appropriated under this subtitle shall be subject to the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Tribal Governments (part 92 of title 45, Code of Federal Regulations or any corresponding similar regulation or ruling) and all other Federal laws and regulation related to intergovernmental financial transactions and to administration of federally funded grants and cooperative agreements between States and nonprofit organizations. 677. Grants to territories (a) Apportionment The Secretary shall apportion the amount reserved under section 692(c)(1) for each fiscal year on the basis of need to eligible jurisdictions, among Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Grants The Secretary shall make a grant to each eligible jurisdiction to which subsection (a) applies for the amount apportioned under subsection (a). 678. Allotments and grants to States (a) Allotments in general From the amount appropriated under section 692(a) for each fiscal year and remaining after the Secretary makes the reservations required by section 692(c), the Secretary shall allot to each eligible State (subject to section 679), an amount that bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 221 of the Economic Opportunity Act of 1964 bore to the total amount received by all States for fiscal year 1981 under such section, except as provided in subsection (b). (b) Minimum allotments (1) In general The Secretary shall allot to each State not less than 1/2 of 1 percent of the amount appropriated under section 692(a) for such fiscal year except as provided in section 692(c)(1). (2) Years with greater available funds If the amount appropriated under section 692(a) for a fiscal year and remaining after the Secretary makes the reservations required by section 692(b) exceeds $850,000,000, no State shall receive under this section less than 3/4 of 1 percent of the remaining amount. (c) Grants and payments Subject to section 679, the Secretary shall make grants to eligible States for the allotments described in subsections (a) and (b). The Secretary shall make payments for the grants in accordance with section 6503(a) of title 31, United States Code. (d) Definition In this section, the term State does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 679. Payments to Indian tribes (a) Definitions In this section: (1) Indian The term Indian means a member of an Indian tribe or of a tribal organization. (2) Indian tribe; tribal organization The terms Indian tribe and tribal organization mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose. (b) Reservation (1) Application Paragraph (2) shall apply only if, with respect to any State, the Secretary— (A) receives a request from the governing body of an Indian tribe or tribal organization within such State that assistance under this subtitle be made available directly to such tribe or organization; and (B) determines that the members of such Indian tribe or tribal organization would be better served by means of grants made directly to such tribe or organization to provide benefits under this subtitle. (2) Amount The Secretary shall reserve from amounts allotted to a State under section 678 for a fiscal year, not less than the amount that bears the same ratio to the State allotment for the fiscal year as the population of all eligible Indians for whom a determination has been made under paragraph (1)(B) bears to the population of all individuals eligible for assistance through a grant made under section 678 to such State. (c) Awards The amount reserved by the Secretary on the basis of a determination made under subsection (b)(1)(B) shall be made available by grant to the Indian tribe or tribal organization serving the Indians for whom the determination has been made under subsection (b)(1)(B). (d) Plan In order for an Indian tribe or tribal organization to be eligible for a grant award for a fiscal year under this section, the tribe or organization shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe by regulation. (e) Alternative performance measurement system The Secretary may promulgate alternative requirements for tribal implementation of the requirements of section 680(c). 680. State plans and applications; community action program plans and applications (a) State lead agency (1) Designation The chief executive officer of a State desiring to receive a grant under section 677 or 678 shall designate, in an application submitted to the Secretary under subsection (b), an appropriate State agency that agrees to comply with the requirements of paragraph (2), to act as a lead agency for purposes of carrying out State activities under this subtitle. (2) Duties of lead state agencies The lead agency shall— (A) be authorized by the chief executive officer to convene State agencies and coordinate— (i) information and activities funded under this subtitle; and (ii) information and activities of any State agencies whose State programs are intended to reduce poverty, including agencies administering resources that support development of jobs and housing in communities; (B) develop the State plan to be submitted to the Secretary under subsection (b), which shall be based primarily on the community action program plans of eligible entities, submitted to the State as a condition of receiving funding under this subtitle for approval by the State; (C) assist eligible entities— (i) in conducting periodic comprehensive community needs assessments, not less often than every 4 years; (ii) in developing community action program plans; and (iii) in developing community action strategic plans; (D) coordinate plans for the activities of the State and other organizations under this subtitle, and activities of recipients of training or technical assistance with the community action program plans; (E) in conjunction with the development of the State plan as required under subsection (b)— (i) hold at least one hearing in the State on the proposed plan, to provide to the public an opportunity to comment on the public record on the proposed use and distribution of funds under the plan; and (ii) not less than 15 days prior to the hearing, distribute notice of the hearing and a copy of the proposed plan statewide to the public and directly to the chief executive officer and the chairperson of the Board of Directors of the eligible entities (or designees) and any subgrantees (or designees) and other interested parties; (F) not less often than every 3 years, in conjunction with the development of the State plan, hold at least 1 legislative hearing; (G) conduct reviews of eligible entities as required under section 684; (H) adopt and report on State performance benchmarks, as described in section 680(c); and (I) provided further that, in the event a lead agency chooses to exercise its option to delegate one or more of its duties to another organization by contract, grant, or cooperative agreement, such delegation shall not include its duties under subsection (G). (b) State application for State program and State plan Beginning with the first fiscal year following the transition year, to be eligible to receive a grant under section 677 or 678, a State shall prepare and submit to the Secretary for approval an application containing a State plan covering a period of not more than two fiscal years. The application shall be submitted not later than 30 days prior to the beginning of the first fiscal year covered by the plan, and shall contain such information as the Secretary shall require, including— (1) a description of the manner in which funds made available through the grant under section 677 or 678 will be used to carry out the State activities described in section 680A(b) and the State’s community action program plans; (2) a summary of the community action program plans of the eligible entities serving the State; (3) an assurance that each plan responds to needs identified in the comprehensive community needs assessment for the service area assigned to the entity and is consistent with one or more purposes described in section 672 and that the plan has been adopted by the governing body of each eligible entity; (4) an assurance that the State has approved all such community action program plans that are consistent with the purposes and requirements of this subtitle; (5) at the State’s option, a statewide strategic plan that— (A) includes the State’s strategy for implementing its responsibilities under section 680(a); and (B) may include the community action strategic plans of the eligible entities and such other matters as the State shall determine to be necessary to complete its strategic plan; (6) a description of the State’s performance measurement system; (7) a plan for the State’s oversight of eligible entities, including, but not limited to— (A) the training provided to State over-sight personnel regarding Federal law, regulations and policy, and applicable State practices; (B) the policies and procedures adopted for the State’s monitoring: (C) the State’s system for implementing the training and, when necessary, requiring a corrective action plan for eligible entities; (D) the management training and technical assistance made available to eligible entities; and (E) the method used for assessing the quality of such training; (8) an assurance that any eligible entity in the State that received, in the previous fiscal year, funding through a grant made under section 677 or 678 will not have such funding withheld, nor reduced below the proportional share of funding the entity received from the State in the previous fiscal year, nor eliminated— (A) except according to the procedures set forth in subsection (b), (c), (d), or (e) of section 685; or (B) unless the Secretary, in approving an application under this section, approves a change in the proportional distribution of funds under section 680(A)(a)(1) when included as part of a State’s application submitted under section 680(b); (9) a description of the State’s requirements that ensure that each eligible entity serving the State establishes procedures that permit low-income individuals, or a community organization or religious organization, that considers low-income individuals or the organization, respectively, to be inadequately represented on the Board of Directors of the eligible entity, to petition for adequate representation of such individuals or organization, respectively, on the Board; (10) a description of the State’s requirements, and financial or other support, for each community action program plan and community action strategic plan of an eligible entity in the State and for the comprehensive community needs assessment described in subsection (a)(2)(C) on which the community action program plans are based, which assessment may be coordinated with community needs assessments conducted for programs other than the program carried out under this subtitle; (11) an assurance that the State and all eligible entities in the State will participate in a performance measurement system that meets the requirements of this subtitle, and a description of the management and program information that will be used to measure State and eligible entity performance in achieving the goals of the State plan and the community action program plans, respectively; and (12) an assurance that the State’s performance measurement system for eligible entities is based, for each eligible entity, upon the results of implementing the entity’s own community action program plan and the achievement of the goals of the plan and performance benchmarks described in subsection (c) as adjusted, if necessary, for changes in available funding. (c) State performance requirements and benchmarks (1) Performance requirements Consistent with the requirements of section 687, following the transition period described in subsection 691(a), in order to be eligible for a grant under section 677 or 678, each State shall adopt performance requirements and the performance benchmarks described in paragraph (2), to be included as part of the performance measurement system described in section 687 and shall provide related training for State personnel carrying out a State program under this subtitle. (2) Annual state performance benchmarks Each State shall include in the State plan submitted under subsection (b), for each fiscal year after the transition period, performance measurements for lead agency management quality including those promulgated by the Secretary, and the State annual performance benchmarks regarding programmatic activities described in section 680A(b) and other performance measures which shall include— (A) indicators of timely distribution and effective management of Federal funds by the lead agency and of the compliance with the requirements for State personnel and for management of activities funded under this subtitle (other than this subsection); and (B) indicators concerning the results of activities funded by the State under this subsection. (d) Approval The Secretary shall notify the chief executive officer of each State submitting an application containing a State plan under this section, of the approval, disapproval, or approval in part, of the application, within 30 days after receiving the application. (1) In the event of a partial approval, the Secretary’s notification shall include a description of changes necessary for final approval but the Secretary shall not require submission of the State strategic plan described in subsection (b)(4). In the event of such partial approval, the Secretary may allow grantee use of funds for activities included in the portions of the plan which the Secretary has approved. (2) In the event a State application fails to be approved in whole or in part before the end of the third month of the State program covered by such plan the Secretary may allocate funds as provided in section 685(b)(3)(C). (e) Revision and inspection (1) Revisions The chief executive officer of a State may revise a State plan submitted under this section and shall submit an application containing the revised plan to the Secretary for approval according to the procedures described in subsections (b) and (c). (2) Public inspection Each plan and revision to a State plan prepared under this section shall be distributed for public inspection as required under subsection (a)(2)(E), but a State application for merger incentive funds shall not be considered a revision. (f) Application for community action program and community action program plan Beginning with the first fiscal year following the transition year, to be eligible to receive a subgrant under section 680A(a), each eligible entity shall prepare and submit to the State for approval an application containing a community action program plan or plans covering a period of not more than two fiscal years. Such application shall be submitted no later than 90 days before the date for submission of the State application to the Secretary. The application shall contain information on the intended implementation of the eligible entity’s activities, including demonstrating— (1) how the program— (A) meets needs identified in the most recent comprehensive community needs assessment, and is consistent with the entity’s community action strategic plan for that period; and (B) achieves the purposes of this subtitle through programs, projects, and services, which may include the activities described in section 683. (2) Eligible entity performance requirements and benchmarks Not later than the end of the period described in section 691(a), each eligible entity participating in a program funded under this subtitle shall— (A) adopt performance benchmarks that include indicators concerning attainment of the goals of the entity’s annual community action program plans described in section 673(2), indicators of timely and effective management of Federal and other funds, and indicators of compliance with the requirements of this subtitle; (B) participate in a statewide performance measurement system under section 687, including— (i) contributing to reports on indicators of results as measured by the statewide system; (ii) establishing and tracking performance on indicators concerning attainment of the goals of the entity’s community action strategic plan and community action program plan; (ii) measuring the entity’s performance regarding governance, organizational development, and professional development of agency personnel; and (iv) establishing an internal management system that incorporates information regarding results into subsequent plans, procedures, and budgets; and (C) conduct community-wide comprehensive community needs assessments including assessments of local opportunities to reduce poverty and use the results as a basis for community action strategic plans, for programs, projects, and services provided by the entity, for public engagement in addressing the causes of poverty and the expansion of local economic opportunities, and for the development of linkages among partners that will reinforce initiatives funded under this subtitle. 680A. State and local uses of funds (a) State subgrants to eligible entities and other organizations (1) In general A State that receives a grant under section 677 or 678 shall reserve 2 percent of the funds made available through the grant for the Community Action Innovations Program described in subsection (c) and, of the remainder, use not less than 90 percent to make subgrants to eligible entities to enable the entities to implement programs, projects, or services for a purpose described in section 672. (2) Obligational requirements (A) Date of obligation The State shall obligate the funds from the portion described in paragraph (1) to make subgrants under paragraph (1) not later than the later of— (i) the 30th day after the date on which the State receives from the Secretary a Notice of Funding Availability for the State’s approved State application under section 680; or (ii) the first day of the State program year for which such funds are approved to be expended under the State application. (B) Availability Funds allocated to eligible entities through subgrants made in accordance with paragraph (1) for a fiscal year shall be available for obligation by the eligible entity during that fiscal year and the succeeding fiscal year, subject to paragraph (3). (3) Recapture and redistribution of unobligated funds (A) Recapturing funds A State may recapture and redistribute funds distributed to an eligible entity for a fiscal year through a subgrant made under paragraph (1) that are unobligated at the end of the fiscal year if such unobligated funds exceed 20 percent of the amount of funds so distributed to such eligible entity for such fiscal year unless the community action program plan approved by the State included a higher percentage of unobligated funds. (B) Redistributing funds In redistributing funds recaptured in accordance with this paragraph, a State shall redistribute such funds to another eligible entity that is a community action agency and is capable of providing services similar to the services provided by the original recipient of funds in the area served. If no such community action agency is available, the State may redistribute the funds to a private, nonprofit organization that has demonstrated capacity to deliver similar services to residents of the community and that is located in that service area, for activities consistent with the objectives of this subtitle. (b) Statewide activities (1) Use of remainder (A) In general A State that receives a grant under section 677 or 678 shall, after carrying out subsection (a), use the remainder of the grant funds for activities described in the State’s application approved by the Secretary under section 680(b) as described in subparagraphs (B) and (C) and for administrative expenses subject to the limitations in paragraph (2). (B) Training and technical assistance After applying subsection (a) and subparagraph (C), the State may use the remaining grant funds for the purposes of— (i) providing to eligible entities training and technical assistance and resources to respond to specific statewide or regional conditions that create economic insecurity, including, but not limited to, emergency conditions; (ii) supporting professional development activities for eligible entities that enhance the skills of their local personnel (including skills of members of the board of directors of such entities) that such personnel need to manage private, nonprofit organizations, including skills for designing and delivering effective support to individuals seeking opportunities for economic security, and skills for designing and managing programs, projects, or services that lead to change in the economic and social assets and opportunities of the community, giving priority to activities carried out through partnerships of the organizations with institutions of higher education; (iii) supporting information and communication resources for the comprehensive community needs assessments described in section 680(a)(2)(C); (iv) supporting performance measurement systems consistent with the requirements of sections 680(c) and 682(b), including establishing systems to measure the effectiveness of training delivered under clause (i), and publishing the results of measurements taken under the systems; (v) promoting coordination and cooperation among eligible entities in the State including supporting activities of a statewide association of community services network organizations; and (vi) supporting the activities of private non-profit organizations which meet the purposes of this title and which coordinate such activities with community services network organizations in the State. (C) Innovative projects to reduce poverty (i) In general The State shall use amounts reserved under section 680A(a)(1) for a Community Action Innovations Program to award subgrants, contracts, or cooperative agreements to eligible entities, or their associations, to carry out innovative projects to test or replicate promising new practices designed to reduce poverty conditions and to disseminate the results of such projects for public use. (ii) Expenses The funds reserved for projects under this subparagraph may be used for reasonable expenses, of States and subgrantees, associated with administration of such projects and dissemination of their results. (iii) Awards and obligation A State shall award and obligate funds reserved for projects under this subparagraph during the first program year for which the funds are appropriated. Funds provided under this subparagraph shall remain available until expended for an innovative project if the period for that expenditure is specified in an approved plan described in subparagraph (D) for that innovative project. (iv) Matching requirements In the case of innovative projects that are funded in part by funds authorized under a Federal law other than this subtitle, that includes requirements for matching the Federal funds with non-Federal funds, funds made available under this subsection may be deemed to be local funding for purposes of requirements of such law. (v) Real property Land or facilities improved through a project receiving an award under this subparagraph, for which the amount of the award is less than 50 percent of the total project cost, shall not be subject to the provisions of section 688(a). (vi) Eligibility Activities funded under this section may include participants with incomes not exceeding 80 percent of the area median income. (D) Plan for state use of training, technical assistance, and innovation funds To be eligible to use grant funds as described in subparagraph (B) or (C), each State shall submit, not later than the end of the transition period described in section 691(a), as part of the annual State plan submitted under section 680(b), a training, technical assistance, and innovation plan, developed in consultation with the community service network organizations in the State, that— (i) shall cover up to 2 years; and (ii) shall set forth information describing the way the requirements of that subparagraph will be implemented and a quality assurance system for providers of the training, technical assistance, or innovation project involved. (2) Administrative cap (A) Limitation No State may spend more than 5 percent of the remainder of the funds after the reservation for the State community action innovations fund as described in section 680A(a)(1) for administrative expenses. (B) Definition In this paragraph, the term administrative expenses — (i) means the costs incurred by the State’s lead agency for carrying out planning and management activities, including monitoring, oversight, and reporting as required by this Act; and (ii) does not include the cost of activities conducted under paragraph (1)(B) other than monitoring. (c) Eligible entity use of funds An eligible entity that receives a subgrant under section 680A(a) shall use the subgrant funds to carry out a community action program plan with programs, projects, and services that shall include— (1) the activities described in section 680(a)(2)(C) regarding periodic assessment of poverty conditions and opportunities to alleviate such conditions in connection with convening community-wide planning activities; and activities that achieve greater participation of the residents of the communities served in the affairs of the community and the organization and one of more of the activities in subsection (2) or (3); (2) programs, projects, or services that are designed to assist low-income individuals and families by providing access to local opportunities for achieving and maintaining economic security, which may include opportunities for the individuals and families— (A) to secure and retain meaningful employment at a family-supporting wage; (B) to secure an adequate education, improve literacy and language ability, and obtain job-related skills; (C) to make better use of available income and build assets; (D) to obtain and maintain adequate housing and a healthy living environment, including addressing the heath care needs of individuals and families with services and through changes in local institutions and workplaces (including institutions and workplaces managed by the eligible entity); and (E) to obtain emergency materials or other assistance to meet immediate individual or community urgent needs and prevent greater or more prolonged economic instability; and (3) programs, projects, or services that improve living conditions, increase employment, and expand other economic opportunities in the community served, which may include— (A) activities that develop and maintain partnerships for the purpose of changing community, economic, and social conditions of poverty, between the eligible entity and— (i) State and local public entities (such as schools, institutions of higher education, housing authorities, and law enforcement agencies); and (ii) private partners, including statewide and local businesses, associations of private employers, and private charitable and civic organizations; (B) activities that establish linkages among organizations for coordinating initiatives, services, and investments so as to avoid duplication, and maximize the effective use of community resources for creating economic opportunity, including developing lasting social and economic assets; and (C) activities that mobilize new investments in the community to reduce the incidence of poverty, including developing lasting social and economic assets. 681. Eligible entities and tripartite boards (a) Designation and redesignation of eligible entities in unserved areas (1) In general If any geographic area of a State is not, or ceases to be, served by an eligible entity the lead agency shall, in consultation with local officials and organizations representing the area, solicit one or more applications and designate a new community action agency to provide programs, projects, or services to the area that is— (A) a community action agency that is geographically located in an area within reasonable proximity of or contiguous to the unserved area that is already providing similar programs, projects, or services, and that has demonstrated financial capacity to manage and account for Federal funds; or (B) if no community action agency described in subparagraph (A) is available, a private, nonprofit organization (which may include an eligible entity) that is geographically located in, or in reasonable proximity to, the unserved area and that is capable of providing a broad range of programs, projects, or services designed to achieve the purposes of this subtitle as stated in section 672. (2) Requirement In order to serve as the eligible entity for the service area, an entity described in paragraph (1) shall agree to ensure that the governing board of directors of the entity will meet the requirements of subsection (b)(1)(C). (3) Community A service area referred to in this subsection or a portion thereof shall be treated as a community for purposes of this subtitle. (b) Mergers of eligible entities (1) In general If two or more eligible entities determine that the geographic areas of a State which they serve can be more effectively served under a single corporate structure, a State shall assist in developing a plan for implementing such merger, including a budget for transitional costs not to exceed two years duration, and, upon approving such plans, may notify the Secretary that the entities are in need of and eligible for funds from the merger incentive fund established in section 683(a)(1)(B)(iv). (2) Plans States may establish requirements for merger plans and for a determination that the merged entity, or entities, will be capable of conducting a program consistent with the comprehensive needs assessments for the areas served. (c) Tripartite boards (1) Private, nonprofit organizations (A) Board In order for a private, nonprofit organization to be considered to be an eligible entity for purposes of section 673(1), the entity shall be governed by a tripartite board of directors described in subparagraph (C) that fully participates in the development, planning, implementation, oversight, and evaluation of the program, project, or service carried out or provided through the subgrant made under section 680A(a) and all activities of the entity. (B) Selection The members of the board referred to in subparagraph (A) shall be selected by the entity. (C) Composition of board The board shall be composed so as to assure that— (i) 1/3 of the members of the board are elected public officials holding office on the date of selection, or their representatives; (ii) (I) not fewer than 1/3 of the members are persons chosen in accordance with democratic selection procedures adequate to assure that the members referred to in this clause are representative of low-income individuals and families in the service area; and (II) each member who is a representative of low-income individuals and families and is also selected to represent a specific subarea under subclause (I) resides in such area; and (iii) the remainder of the members are representatives of business, industry, labor, religious, educational, charitable, or other significant private groups in the community. (D) Expertise The eligible entity shall ensure that the members of the board include or have direct access to individuals with expertise in financial management, accounting, and law. (E) Compliance with tax-exempt and other requirements The board of a private, nonprofit organization shall ensure that the board operates and conducts activities under the subgrant made under section 680A(a) in a manner that complies with— (i) the requirements for maintaining tax-exempt status under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) ) regarding the governance of charities under section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ); and (ii) applicable requirements of State law. (2) Public organizations (A) Board In order for a public organization to be considered to be an eligible entity for purposes of section 673(1), the organization shall administer a program, project, or service under the supervision of a tripartite board of directors described in subparagraph (C). (B) Selection The members of the board referred to in subparagraph (A) shall be selected by the organization. (C) Composition of board The board shall be composed so as to assure that— (i) not more than 1/3 of the members of the board are employees of the unit of government in which the organization is located, including elected officials; (ii) (I) not fewer than 1/3 of the members are persons chosen in accordance with democratic selection procedures adequate to assure that the members referred to in this clause are representative of low-income individuals and families in the service area; and (II) each member who is a representative of low-income individuals and families and is also selected to represent a specific subarea under subclause (I) resides in such area; and (iii) the remainder of the members are representatives of business, industry, labor, religious, educational, charitable, or other significant private groups in the community. (D) Expertise The organization shall ensure that the members of the board include individuals with expertise in financial management, accounting, and law. (E) Compliance with state requirements and policy The board of a public organization shall ensure that the board operates in a manner that complies with State requirements for open meetings, financial transparency, and State open records policy. (c) Operations and duties of the board The duties of a board described in paragraph (1) or (2) of subsection (b) shall include— (1) in the case of a board for a private, nonprofit organization that is an eligible entity, having and legal and financial responsibility for administering overseeing the eligible entity, including making proper use of Federal funds; (2) ensuring that the guidance regarding organizational performance disseminated by the Secretary under section 682(c)(8) is implemented; (3) adopting practices that assure active, independent, and informed governance of the eligible entity, including establishing a limited number of terms for officers and adopting a code of ethical conduct for members; (4) participating in each comprehensive community needs assessment, developing and adopting as a policy for the corresponding eligible entity a community action strategic plan, including provisions for the use of funds under this subtitle, and preparing the community action program plan for the use of funds under this subtitle; (5) ensuring that the eligible entity manages its activities based on a system of performance management; (6) ensuring compliance by the eligible entity with Federal, and applicable State and local, laws, including regulations; (7) overseeing financial management, accounting, and reporting policies, and complying with laws regarding financial statements, including— (A) selecting an auditor; and (B) monitoring corrective action required by audit findings and taking other necessary actions to enable the eligible entity to comply with accounting policies and laws about financial statements; (8) reviewing all major financial expenditures of the eligible entity, including annually approving the eligible entity’s operating budget; (9) reviewing all major policies of the eligible entity, including— (A) conducting annual performance reviews; and (B) conducting assessments of the eligible entity’s progress in carrying out programmatic and fiscal provisions in the community action program plan, and in taking any corrective action; (10) adopting personnel policies and procedures, including policies and procedures for hiring, annual evaluation, compensation, and termination, of the Executive Director of the eligible entity; and (11) adopting and periodically updating written conflict of interest policies for members of the board. 682. Office of community services (a) Office (1) The Secretary shall establish an Office of Community Services in the Department of Health and Human Services (referred to in this subtitle as the Department ) to carry out the functions of this subtitle. (2) The Office shall be headed by a Director (referred to in this subtitle as the Director ). (b) Grants, contracts, and cooperative agreements The Secretary, acting through the Director, shall carry out the functions of this subtitle through grants, contracts, or cooperative agreements. (c) Duties, management, and integration The Secretary shall— (1) coordinate the activities of all personnel and contractors of the Department, concerning monitoring (including inspecting) eligible entities that receive subgrants under this subtitle and are funded or monitored by an office of the Department other than the Office of Community Services, in order to efficiently organize oversight visits, inspections, and audits of such entities by conducting joint oversight operations, as practicable; (2) promulgate skill requirements, for Department officials with responsibility for monitoring and approving State programs under this subtitle, regarding the knowledge, skills, and abilities required to assess and provide technical assistance regarding the operations of private, nonprofit organizations responsible for implementing multiple Federal and other community-based initiatives; (3) ensure that personnel and contractors of the Department with responsibility for State programs under this subtitle acquire the knowledge, skills, and abilities described in paragraph (2); (4) establish minimum requirements for the knowledge and skills of State personnel responsible for overseeing the activities authorized by this subtitle; (5) promulgate performance indicators for State management of the funds, operations and programmatic requirements of this subtitle; (6) establish and publish uniform procedures for use by Federal and State monitors of the activities authorized by this subtitle; (7) promulgate regulations with respect to the procedures for State and local corrective action plans described in section 687 (including promulgating a definition of a serious deficiency for purposes of that section) to ensure prompt resolution of deficiencies and adherence to the uniform administrative requirements described in section 676(b); and (8) disseminate or cause to be disseminated guidance regarding the organizational practices and performance of eligible entities developed jointly by the Director and the community services network organizations. (d) Federal performance benchmarks The Secretary shall, prior to the beginning of each fiscal year, publish Federal performance benchmarks for the Office of Community Services for such year, which shall include targets for— (1) the timeliness of— (A) apportionments and allotments of appropriated funds to States; and (B) the use of funds reserved pursuant to section 692(b); (2) the timeliness of approvals or notifications concerning State plans and plan revisions described in section 680; (3) the timeliness of scheduled monitoring of States and implementation of State corrective action plans described in section 687; (4) the implementation of the requirements of the uniform administrative requirements described in section 676(b) by the Department, the States, and other grantees; (5) the implementation of the requirements for coordinated audits and monitoring by multiple offices of the Department; (6) the improvement achieved by Federal personnel in acquiring the knowledge, skills, and abilities described in subsection (c)(2) and needed to effectively carry out subsection (c)(1); (7) the progress made by the Office of Community Services in achieving each of the requirements of this subtitle; and (8) the timeliness of reports required by this subtitle. 683. Training, technical assistance, and related activities (a) Activities (1) The Secretary shall, in accordance with the plan described in subsection (d)(2)— (A) use amounts reserved under section 692(c)(2)(A) for training, technical assistance, planning, evaluation, and performance measurement, through States and other community services network organizations to assist in— (i) development or replication of innovative initiatives; (ii) carrying out professional development activities that expand the capacity of eligible entities; (iii) carrying out performance measurement, reporting, and data collection activities related to programs carried out under this subtitle; and (iv) correcting programmatic deficiencies, including such deficiencies of eligible entities; and (B) the Secretary shall distribute the amounts reserved under section 692(c)(2)(B) directly to States, eligible entities, or other community services network organizations and their partners, including institutions of higher education, that carry out activities to achieve the goals of the plan described in subsection (b)(2) for— (i) professional development for key personnel; (ii) activities to improve program and financial management practices (including practices related to performance management information systems); (iii) activities that train individuals and organizations to effectively address the needs of low-income families and communities through place-based strategies for coordinated investment and integrated service delivery; and (iv) provided that 7.5 percent of such reserved amount remain available until the end of the second quarter of the year for which funds are appropriated for grants by the Secretary which shall be awarded to States upon approval of an application by the State as described in section 680(b) for funds to support the one-time costs incurred by two or more eligible entities for legal, financial and other activities required to effect a merger of operations and programs that achieves greater efficiency and impact for the use of funds appropriated under this subtitle. Any funds not designated for such merger incentives by the end of the second quarter of the fiscal year shall be available for other authorized purposes of this subsection. (b) Limitation None of the funds allocated under subsection (a) may be used for expenses or salaries of Federal employees. (c) Grants, contracts, and cooperative agreements The activities described in paragraph (1)(A) shall be carried out by the Secretary through grants, contracts, or cooperative agreements with appropriate entities, which shall include all statewide associations of eligible entities that meet the requirements for receipt of Federal funds. (d) Training and technical assistance process (1) In general In order to determine the training, technical assistance, and other activities to be provided or supported under subsection (a), the Secretary, acting through the Director, shall develop and carry out the strategic plan described in paragraph (2), and the activities described in paragraph (3). (2) Office of community services strategic training plan (A) In general Not less often than every fourth year the Secretary, acting through the Director and in consultation with community service network organizations, shall develop, publish, and carry out a strategic plan for the use of funds reserved for use under section 692(c)(2). (B) Contents Such a plan shall describe— (i) the activities that will be supported (including their goals), the partnerships, if any, required to conduct such activities, the role of each partner participating, the system for delivering the intended results, and the timing of such activities; (ii) the manner in which the plan ensures that the Secretary complies with each requirement of this subtitle related to training and technical assistance; (iii) the manner in which the plan reflects coordination of activities funded under this section with related training and technical assistance provided by the Department, especially for programs, projects, and services other than those funded under this subtitle operated by eligible entities; (iv) the manner in which the results of such activities will be measured; (v) quality standards for training and trainers to ensure that only effective training is funded under this section; and (vi) to the maximum extent feasible, how the activities funded under this section address— (I) the needs of eligible entities and State lead agencies relating to skills and techniques to ensure the quality (including quality of financial management practices) of programs, projects, and services supported under this subtitle; and (II) other professional development needs of the eligible entities related to carrying out this subtitle. (3) Evaluation of training and technical assistance The Secretary, acting through the Director— (A) shall establish a procedure for evaluating the quality and effectiveness of training and technical assistance provided under this section related to professional development, local organizational development and management including, but not limited to financial management, and State government management; and (B) shall use the results of the evaluations as significant criteria for selecting recipients of funds under this section. 684. State monitoring of eligible entities (a) Monitoring by States In order to determine whether eligible entities receiving subgrants under this subtitle meet performance benchmarks described in section 680(f)(2), administrative standards, financial management requirements, and other requirements under this subtitle, the State shall conduct the following reviews of eligible entities: (1) A full onsite review of each eligible entity at least once during each 3-year period. (2) An onsite review of each newly designated eligible entity immediately after the completion of the first year in which such entity receives funds through the community services block grant program under this subtitle. (3) Follow-up reviews, including onsite reviews scheduled in a corrective action plan (including return visits), within a calendar quarter for eligible entities with programs, projects, or services that fail to meet the State’s performance criteria, standards, financial management requirements, and other significant requirements established under this subtitle. (4) Other reviews as appropriate, including reviews of eligible entities with programs, projects, and services that have had other Federal, State, or local grants (other than assistance provided under this subtitle) terminated for cause. (b) Training and technical assistance for monitoring The State may request training and technical assistance from the Secretary as needed to comply with the requirements of this section. 685. Evaluations; corrective action; withholding, reduction, or elimination of funding (a) Evaluations of States by the secretary (1) In general The Secretary shall conduct, in not fewer than 1/3 of the States in each fiscal year, evaluations (including investigations) of State compliance with this subtitle, including requirements relating to the use of funds received under this subtitle, and especially with respect to compliance with the requirements of State plans submitted under section 680(b) and the uniform administrative requirements described in section 676(b) as applied to funds received under this subtitle. (2) Report to states The Secretary shall submit, to each State evaluated, a report containing— (A) the results of such evaluation; and (B) (i) recommendations for improvements designed to enhance the benefit and impact of the activities carried out with such funds; and (ii) in the event a serious deficiency is found regarding a State’s compliance with this subtitle, including requirements relating to the use of funds received under this subtitle, a proposed corrective action plan that meets the requirements of subsection (b)(2)(B). (3) State response Not later than 45 days after receiving a report under paragraph (2)— (A) a State that received recommendations under paragraph (2)(B)(i) shall submit to the Secretary a plan of action in response to the recommendations; and (B) a State that received a proposed corrective action plan under paragraph (2)(B)(ii) shall carry out the State’s responsibilities under subsection (b)(2). (4) Report to congress The Secretary shall submit the results of the evaluations annually, as part of the report submitted by the Secretary in 6 accordance with section 689(b)(2). (b) Determination of State failure To comply (1) Duties of the secretary If the Secretary finds, on the basis of an evaluation pursuant to subsection (a), that there is a serious deficiency regarding a State’s compliance with this subtitle, the Secretary shall— (A) inform the State, through the report described in subsection (a)(2) and any proposed corrective action plan submitted under subsection (a)(2)(B), of the deficiency; (B) provide assistance consistent with section 685 and subsection (c); (C) with respect to each identified serious deficiency, require that the State— (i) correct the deficiency immediately if the Secretary finds that the deficiency threatens the ability of eligible entities to carry out their community action program plans or threatens the integrity of Federal funds; or (ii) correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; and (D) require that the State carry out— (i) the corrective action plan prepared by the Secretary under subsection (a)(2)(B)(ii); or (ii) a State-proposed corrective action plan that is approved under paragraph (2)(C). (2) Corrective action plans (A) In general A State that is found under paragraph (1) to have a serious deficiency shall— (i) agree to implement the corrective action plan proposed by the Secretary under subsection (a)(2)(B)(ii); or (ii) propose to the Secretary a different corrective action plan, developed by the State in a timely manner that the State will implement upon approval by the Secretary under subparagraph (C). (B) Contents Any corrective action plan proposed under this paragraph shall specify— (i) the serious and other deficiencies to be corrected; (ii) the actions to be taken to correct such deficiencies; and (iii) the timetable for accomplishment of the corrective actions specified, which shall provide that each serious deficiency is corrected by not later than 90 days after the date the State received notice of the finding under subsection (a) and of the specific deficiency to be corrected. (C) Approval processes (i) In general Not later than 15 days after the Secretary receives a State proposed corrective action plan in accordance with subparagraph (A), the Secretary shall act— (I) by approving the proposed plan; or (II) by notifying the State that the proposed plan cannot be approved, providing the reasons for the disapproval, and proposing an alternative corrective action plan. (ii) State response (I) In general A State whose corrective action plan has not been approved under clause (i) shall respond by agreeing to implement the alternative corrective action plan, or by submitting a different proposed corrective action plan not later than 15 days after receiving notification from the Secretary under clause (i). (II) Inadequate different proposed plan If the Secretary determines the different proposed plan to be inadequate, the Secretary shall use the procedures to withhold funding described in paragraph (3)(A) until the State and the Secretary agree on, and the State implements a satisfactory corrective action plan. If the Secretary makes that determination, the Director, pursuant to paragraph (3)(C), shall ensure that the affected funds are obligated and made available to eligible entities on the same schedule as the State would have been required to follow if the Secretary had not made the determination. (3) Enforcement (A) Withholding of funding If the Secretary determines that a State fails to meet the requirements of this subsection, including a failure to comply with the terms of a corrective action plan described in subsection (a)(2)(B) or approved under paragraph (2) or a failure to correct a serious deficiency in accordance with the timing requirements of paragraph (1)(C), the Secretary may initiate proceedings to withhold all or a portion of the amount of the funding described in section 680A(b)(2)(A), including prohibiting the State from using other funds awarded under this subtitle to carry out the activities described in such section, until the State complies with all requirements of this subsection. (B) Reduction or elimination of funding If the Secretary determines, on the basis of a final decision in a review conducted under this section that a State fails to meet the requirements of this subsection, the Secretary may, after providing adequate notice and an opportunity for a hearing, initiate proceedings to reduce or eliminate the amount of funding described in section 680A(b)(2)(A), including prohibiting the State from using other funds awarded under this subtitle to carry out the activities described in such section, unless the State corrects the failure to meet the requirements. (C) Use of funds (i) If the Secretary delays, reduces, or eliminates funding to a State under subparagraph (B), the Secretary shall award the amount of the funding to eligible entities and/or community services network organizations in the State, to carry out the activities described in section 680A(b). (ii) In the event a State elects not to receive funding under this subtitle, including a refusal to submit a plan meeting the Secretary's requirements, the Secretary shall provide funding directly by grant or cooperative agreement to eligible entities in good standing at the end of the last fiscal year for which the State received an allocation under this subtitle. (4) Training and technical assistance The Secretary shall provide training and technical assistance to States with respect to the development or implementation of the States’ corrective action plans. (c) Determination of local agency failure To comply (1) Corrective action by local agencies If the State determines, on the basis of a review pursuant to section 684 or section 686, that there is a serious deficiency regarding an eligible entity’s compliance with this subtitle, the State shall— (A) inform the entity of the serious deficiencies that shall be corrected and provide technical assistance for the corrective action; (B) with respect to each identified serious deficiency, require that the eligible entity— (i) correct the deficiency immediately if the State finds that the deficiency threatens the ability of the eligible entity to carry out the entity’s community action program plan or threatens the integrity of Federal funds; (ii) correct the deficiency not later than 90 days after the identification of the deficiency if the State finds that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or (iii) in the discretion of the State (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), comply with the requirements of paragraph (2) concerning a corrective action plan; (C) initiate proceedings to withhold, reduce, or eliminate the funding described in section 680A(a) including, in the case of elimination of funding, terminating the designation under this subtitle of the eligible entity unless the entity corrects the deficiency as required; and (D) ensure that the State’s definitions, procedures, and requirements under this section regarding serious deficiencies of eligible entities are in accordance with policies and regulations promulgated by the Secretary to implement the uniform administrative requirements described in section 676(b) with respect to this subtitle. (2) Local corrective action plans (A) In general An eligible entity that is found to have a serious deficiency under paragraph (1) shall develop, in a timely manner, a corrective action plan that shall be subject to the approval of the State, and that shall specify— (i) the deficiencies to be corrected; (ii) the actions to be taken to correct such deficiencies; and (iii) the timetable for accomplishment of the corrective actions specified. (B) Approval process (i) In general Not later than 15 days after the State receives an entity’s proposed corrective action plan in accordance with subparagraph (A), the State shall review the proposed plan and act— (I) by approving the proposed plan; or (II) by notifying the entity that the proposed plan cannot be approved, providing the reasons for the disapproval, and proposing an alternative corrective action plan. (ii) Entity’s response An entity whose corrective action plan has not been approved under clause (i) shall respond by agreeing to implement the alternative corrective action plan, or by submitting a different proposed corrective action plan, not later than 10 working days after receiving notification from the State under clause (i). (iii) Inadequate different proposed plan If the State determines the different proposed plan to be inadequate, the State may withhold funding as described in paragraph (3) until the entity implements a satisfactory corrective action plan. (3) Final decision If the State determines, on the basis of a final decision in a review conducted under section 684(a)(3), that an eligible entity fails to comply with the terms of a corrective action plan under paragraph (2) relating to correction of a serious deficiency for the eligible entity, the State may, after providing adequate notice and an opportunity for a hearing, initiate proceedings to withhold, reduce, or eliminate the funding provided under section 680A(a) to the eligible entity (including, in the case of elimination of funding, terminating the designation under this subtitle of the eligible entity) unless the entity corrects the serious deficiency. (4) Training and technical assistance The State shall provide training and technical assistance to eligible entities with respect to the development or implementation of the entities’ corrective action plans. (5) Special circumstance In the event the State has credible evidence that funds have been expended with fraudulent or other criminal intent, funding may be suspended while the procedures to review such evidence are conducted by appropriate investigative entities or until the State determines funds will not be at risk, whichever is earlier. (d) Review (1) In general A State’s determination under subsection (c) to terminate such designation or reduce such funding of an eligible entity may be reviewed by the Secretary. The Secretary shall, upon request, by a community services network organization, review such a determination. The review shall be completed not later than 60 days after the Secretary receives from the State all necessary documentation relating to the determination except as provided in paragraph (2). (2) Failure to provide documentation If the State fails to provide such documentation within 30 days after the Secretary’s request, the State may not expend funds for the purposes described in section 680A(b)(2) until the State provides such documentation. The Secretary shall respond to the State with a decision not later than 30 days after receiving the documentation. (e) Direct assistance Whenever the Secretary determines that a State has violated the assurances described in paragraphs (8), (11), or (12) of section 680(b) and has withheld, reduced, or eliminated the funding provided under section 680A(a) to an eligible entity prior to the completion of the State proceedings described in subsection (c)(3) and the Secretary’s review as required in subsection (d), the Secretary shall provide financial assistance under this subtitle to the eligible entity until the violation is corrected by the State. In such a case, the grant for the State under section 677 or 678 for the earliest appropriate fiscal year shall be reduced by an amount equal to the financial assistance provided under this subsection to such eligible entity. 686. State and local fiscal controls, audits, and withholding (a) Fiscal controls, procedures, audits, and inspections (1) In general A State that receives funds under this subtitle shall— (A) establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this subtitle, including procedures for monitoring the funds provided under this subtitle; (B) subject to paragraphs (2) and (3), prepare, not less than once each year, an audit of the expenditures of the State of amounts received under this subtitle; and (C) make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items. (2) Independent entity Subject to paragraph (3), each audit required by paragraph (1)(B) shall be conducted by an entity independent of any agency administering activities or services under this subtitle and shall be conducted in accordance with generally accepted accounting principles. (3) Single audit requirements (A) In general Any audit under this subsection shall be conducted in the manner and to the extent provided in chapter 75 of title 31, United States Code (commonly known as the Single Audit Act Amendments of 1986 ) except in the event a serious financial deficiency is identified. (B) Serious financial deficiency In the event that such a deficiency is identified, the Secretary shall order— (i) an audit conducted as described in subparagraph (A); or (ii) an audit of each of the accounts involved, in accordance with paragraphs (2) and (4). (4) Submission of copies Not later than 30 days after the completion of each such audit in a State, the chief executive officer of the State shall submit copies of such audit, at no charge, to any eligible entity that was the subject of the audit, to the legislature of the State, and to the Secretary. (5) Repayments If the Secretary, after review of the audit, finds that a State has not expended an amount of funds in accordance with this subtitle, the State shall immediately use an amount of State funds equal to the amount of improperly expended funds for the original purposes for which the grant funds were intended. (6) Response to complaints The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use grant funds received under section 677 or 678 in accordance with the provisions of this subtitle. (7) Investigations Whenever the Secretary determines that there is a pattern of complaints regarding failures described in paragraph (6) or a complaint of a serious deficiency concerning any State, the Secretary shall conduct an investigation of the use of the funds received under this subtitle by such State in order to ensure compliance with the provisions of this subtitle. (b) State funds (1) Corrective action plan In the event the Secretary withholds, reduces, or eliminates funding pursuant to section 685(b)(3)(A), the Secretary shall subsequently make the withheld, reduced, or eliminated funding available to the State not later than 90 days after the date for correction of the serious deficiency specified in such plan if the State complies with a corrective action plan described in section 685(b)(2)(A). (2) Application For purposes of paragraph (1), failures described in paragraph (1)(a)(6) shall be considered to be serious deficiencies. 687. Accountability and reporting requirements (a) State accountability and reporting requirements (1) Performance measurement (A) In general By October 1, 2014, each State that receives funds under this subtitle shall participate, and shall ensure that all eligible entities in the State participate, in a performance measurement system that the Secretary is satisfied meets the requirements of paragraphs (11) and (12) of section 680(b). (B) Local organizations The State may elect to have local organizations that are subgrantees of the eligible entities under this subtitle participate in the performance measurement system. If the State makes that election, references in this section to eligible entities shall be considered to include the local organizations. (C) Eligible entity reports Eligible entities shall provide the results measured by their performance measurement system, reports on the achievement of their annual benchmarks and such other reports as the State may require. (2) Annual report Each State receiving funds under this subtitle shall annually prepare, and submit to the Secretary by March 31 of each year, a report on the performance of the State and eligible entities in the State, including achievement with respect to the State lead agency performance benchmarks and the local performance benchmarks respectively and to other performance measurements that were used by community service network organizations in the State for the prior year. Each State shall also include in the report— (A) an accounting of the expenditure of funds received by the State through the community services block grant program, including an accounting of funds spent on administrative or indirect costs by the State and the eligible entities and funds spent by the eligible entities on local programs, projects, and services; (B) information on the number and characteristics of clients served under this subtitle in the State, based on data collected from the eligible entities; (C) a summary describing the training and technical assistance offered by the State under section 680A(b)(1)(B) and 680A(b)(1)(D) during the year covered by the report and the State's progress toward meeting its training and technical assistance plan goals; (D) the State's management performance benchmark results; (E) information on the total budget and activities of the eligible entities receiving subgrants from the State under this subtitle, including local and private resources available for a purpose described in section 672; (F) a report on the Community Action Innovations Program in the State; and (G) a report on the manner in which the State and eligible entities and other recipients of funds under this subtitle have implemented results oriented management practices based on their performance measurement systems. (b) Reporting requirements (1) Contents Not later than September 30 of each fiscal year, the Secretary shall, directly or by grant or contract, prepare a report containing— (A) the information included in the State annual reports under subsection (a)(2) for the preceding fiscal year; (B) a report on the performance of the Department in the preceding fiscal year regarding the performance benchmarks established under section 682(d); (C) a description of the training and technical assistance activities funded by the Secretary under section 683 and the results of those activities, including a report on progress toward achieving the goals of the Secretary's strategic plan for training and technical assistance described in section 683(d)(2); and (D) any additional information that the Secretary considers to be appropriate to carry out this subtitle. (2) Submission The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate the report described in paragraph (1) and any recommendations the Secretary may have with respect to such report. (3) Electronic data system for reports to states and eligible entities The Secretary shall provide technical assistance, including support for development and maintenance of an electronic data system for the reports under this section, to the States and eligible entities to enhance the quality and timeliness of reports submitted under this subtitle. The system shall be coordinated and consistent with the data systems established for other programs of the Department that are managed by eligible entities, including all programs of the Administration for Children and Families or successor administrative units in which the office is located. 688. Limitations on use of funds (a) Construction of facilities (1) Limitations Except as provided in paragraph (2) and in section 680(b)(1)(C), grants or subgrants made under this subtitle may not be used by the State, or by any other person with which the State makes arrangements to carry out a purpose described in section 672, for the purchase or improvement of any building or other facility. (2) Waiver The Secretary may waive the limitation contained in paragraph (1) upon a State request for such a waiver if the Secretary finds that the request describes extraordinary circumstances to justify the purchase or improvement of land, or the purchase, construction or permanent improvement of any building or other facilities, and that permitting the waiver will contribute to the ability of the State and eligible entities to carry out a purpose described in section 672 at substantially reduced costs. (b) Political activities (1) Treatment as a state or local agency For purposes of chapter 15 of title 5, United States Code, any entity that assumes responsibility for planning, developing, and coordinating activities under this subtitle and receives assistance under this subtitle shall be deemed to be a State or local agency. For purposes of paragraphs (1) and (2) of section 1502(a) of such title, any entity receiving assistance under this subtitle shall be deemed to be a State or local agency. (2) Prohibitions An entity carrying out a program, project, or service assisted under this subtitle, and any individual employed by, or assigned to or in, such a program, project, or service (during the hours in which the individual is working on behalf of the program, project, or service) shall not engage in— (A) any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election. (3) Registration None of the funds appropriated to carry out this subtitle may be used to conduct voter registration activities. (c) Nondiscrimination (1) In general No person shall, on the basis of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, project, or service funded in whole or in part with funds made available under this subtitle. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 9 ( 42 U.S.C. 6101 et seq. ) or with respect to an otherwise qualified individual with a disability as provided in section 504 of the Rehabilitation Act of 1973 (29 12 U.S.C. 794 ), or title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) shall also apply to any such program, project, or service. (2) Action of secretary Whenever the Secretary determines that a State that has received a payment under this subtitle has failed to comply with paragraph (1) or an applicable regulation, the Secretary shall notify the chief executive officer of the State and shall request that the officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to— (A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (B) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 11 12131 et seq.), as may be applicable; or (C) take such other action as may be provided by law. (3) Action of attorney general When a matter is referred to the Attorney General pursuant to paragraph (2), or whenever the Attorney General has reason to believe that the State is engaged in a pattern or practice of discrimination in violation of the provisions of this subsection, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. 689. Drug and child support services and referrals (a) Drug testing and rehabilitation (1) In general Nothing in this subtitle shall be construed to prohibit a State from testing participants in programs, projects, or services carried out or provided under this subtitle for controlled substances. A State that conducts such testing shall inform the participants who test positive for any of such substances about the availability of treatment or rehabilitation services and refer such participants for appropriate treatment or rehabilitation services. (2) Non-administrative expenses Any funds provided under this subtitle expended for such testing shall not be considered to be expended for administrative expenses and shall not be subject to the limitation specified in section 680A(b)(2). (3) Definition In this subsection, the term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (b) Child support services and referrals During each fiscal year for which an eligible entity receives a subgrant under section 680A(a), such entity shall— (1) inform custodial parents in single-parent families that participate in programs, projects, or services carried out or provided under this subtitle about the availability of child support services; and (2) refer eligible parents to the child support offices of State and local governments. 690. Operational rules (a) Religious organizations included as nongovernmental providers For any program carried out by the Federal Government, or by a State or local government under this subtitle, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this subtitle shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this subtitle, on the basis that the organization has a religious character. (b) Religious character and independence (1) In general A religious organization that provides assistance under a program described in subsection (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs. (2) Additional safeguards Neither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in section 681C; or (B) to remove religious art, icons, scripture, or other symbols; in order to be eligible to provide assistance under a program described in subsection (a). (3) Employment practices A religious organization's exemption provided under section 702 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–1 ) regarding employment practices shall not be affected by its participation in, or receipt of funds from, programs described in subsection (a). (c) Nondiscrimination against beneficiaries A religious organization providing assistance under any program described in subsection (a) of this section shall not, in providing such assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. (d) Limitations on use of funds for certain purposes No funds provided directly to a religious organization to provide assistance under any program described in subsection (a) shall be expended for sectarian worship, instruction, or proselytization. (e) Fiscal accountability (1) In general Except as provided in paragraph (2), any religious organization providing assistance under any program described in subsection (a) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program. (2) Limited audit Such organization shall segregate government funds provided under such program into a separate account. Only the government funds shall be subject to audit by the government. (f) Treatment of eligible entities and other intermediate organizations If an eligible entity or other organization (referred to in this subsection as an intermediate organization ), acting under a contract, or grant or other agreement, with the Federal Government or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to provide assistance under the programs described in subsection (a), the intermediate organization shall have the same duties under this section as the government. 691. Regulations and transition period (a) Transition period The Secretary shall expeditiously announce a schedule for adopting any changes in regulation, procedure and reporting required by this subtitle and for the availability of Federal training for States and eligible entities, especially with respect to adopting Uniform Practices for Administration, which period may not extend further than 3 months prior to the start of the second fiscal year after the effective date of this subtitle and may include final adoption of new requirements prior to the final date of the period as determined by the Secretary to be appropriate. (b) Regulations The Secretary shall promulgate regulations implementing this subtitle, by administrative hearing open to the public including regulations regarding— (1) State and community action programs and plans including the form and information required for State and community action programs and plans; (2) State monitoring of eligible entities; and (3) reports to the Secretary described in section 687. (c) Guidance The Secretary shall promulgate guidance regarding State and community performance measurement systems including— (1) State management performance benchmarks The Secretary, in consultation with community service network organizations, shall promulgate common State management performance indicators which shall include indicators concerning— (A) timely obligation and distribution and effective oversight of Federal funds; (B) compliance with the requirements for minimum skills of State personnel and compliance with the uniform administrative requirements described in section 676(b); (C) effective management of the activities funded under this subtitle; and (D) the results of activities funded by the State under this subsection 680A(b). (2) Comprehensive analysis of poverty conditions The Secretary shall provide guidance (including models) for comprehensive community needs assessments described in subsection 680(a)(2)(C) that are used in conjunction with community action strategic plans. The guidance shall include methods for preparing an analysis of all poverty conditions affecting the community and of local and regional assets for alleviating such conditions; and (3) Such other guidance as may be required by this subtitle. 692. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out sections 671 through 691 of this subtitle $850,000,000 for each of fiscal years 2014 through 2018 and such sums as may be necessary for fiscal years 2019 through 2023. (b) There are authorized to be appropriated such sums as may be necessary to carry out section 693 for fiscal years 2014 through 2023. (c) Reservations by the secretary Of the amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve— (1) 1/2 of 1 percent for carrying out section 677 (relating to grants to territories); and (2) 2 percent for activities authorized in section 683, of which— (A) not less than 1/2 of the amount reserved by the Secretary under this paragraph shall be awarded through grants, contracts, or cooperative agreements under section 683(c), to eligible entities, community action agencies, and State and regional community service network organizations, for the purpose of carrying out activities described in section 683(a)(1)(A); and (B) the remainder of the amount reserved under this paragraph shall be distributed under section 683(a)(1)(B)(c) to States, eligible entities, other community services network organizations, or other entities, for the purpose of carrying out activities described in section 683(a)(1)(B). 693. Discretionary community programs (a) Grants, contracts, arrangements, loans, and guarantees (1) In general The Secretary shall, from funds appropriated under section 692(b), make grants, loans, or guarantees to States and public agencies and private, nonprofit organizations, or enter into contracts or jointly financed cooperative arrangements with States and public agencies and private, nonprofit organizations (and for-profit organizations, to the extent specified in paragraph (2)(E)) for each of the objectives described in paragraphs (2) through (4). (2) Community economic development (A) Economic development activities The Secretary shall make grants described in paragraph (1) on a competitive basis to private, nonprofit organizations that are community development corporations to provide technical and financial assistance for economic development activities designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities. (B) Consultation The Secretary shall exercise the authority provided under subparagraph (A) after consultation with other relevant Federal officials. (C) Governing boards For a community development corporation to receive funds to carry out this paragraph, the corporation shall be governed by a board that shall consist of residents of the community and business and civic leaders and shall have as a principal purpose planning, developing, or managing low-income housing or community development projects. (D) Geographic distribution In making grants to carry out this paragraph, the Secretary shall take into consideration the geographic distribution of funding among States and the relative proportion of funding among rural and urban areas. (E) Reservation Of the amounts made available to carry out this paragraph, the Secretary may reserve not more than 1 percent for each fiscal year to make grants to private, nonprofit organizations or to enter into contracts with private, nonprofit or for-profit organizations to provide technical assistance to aid community development corporations in developing or implementing activities funded to carry out this paragraph and to evaluate activities funded to carry out this paragraph. (3) Rural community development activities The Secretary shall provide the assistance described in paragraph (1) for rural community development activities, which shall include providing— (A) grants to private, nonprofit corporations to enable the corporations to provide assistance concerning home repair to rural low-income families and concerning planning and developing low-income rural rental housing units; and (B) grants to multistate, regional, private, nonprofit organizations to enable the organizations to provide training and technical assistance to small, rural communities concerning meeting their community facility needs. (4) Neighborhood innovation projects The Secretary shall provide the assistance described in paragraph (1) for neighborhood innovation projects, which shall include providing grants to neighborhood-based private, nonprofit organizations to test or assist in the development of new approaches or methods that will aid in overcoming special problems identified by communities or neighborhoods or otherwise assist in furthering the purposes of this subtitle, and which may include providing assistance for projects that are designed to serve low-income individuals and families who are not being effectively served by other programs. (b) Evaluation The Secretary shall require all activities receiving assistance under this section to be evaluated for their effectiveness. Funding for such evaluations shall be provided as a stated percentage of the assistance or through a separate grant awarded by the Secretary specifically for the purpose of evaluation of a particular activity or group of activities. (c) Annual report The Secretary shall compile an annual report containing a summary of the evaluations required in subsection (b) and a listing of all activities assisted under this section. The Secretary shall annually submit the report to the Chairperson of the Committee on Education and the Workforce of the House of Representatives and the Chairperson of the Committee on Health, Education, Labor, and Pensions of the Senate. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3854ih/xml/BILLS-113hr3854ih.xml
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113-hr-3855
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I 113th CONGRESS 2d Session H. R. 3855 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mrs. Lummis (for herself, Mr. Welch , Mr. Sensenbrenner , Mr. Price of North Carolina , Mr. Gutiérrez , and Mr. Jordan ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend section 1105 of title 31, United States Code, to require that the annual budget submissions of the Presidents include the total dollar amount requested for intelligence or intelligence related activities of each element of the Government engaged in such activities.
1. Short title This Act may be cited as the Intelligence Budget Transparency Act of 2014 . 2. Funding for intelligence activities of each element of the Government Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraph: (40) (A) the total dollar amount proposed in the budget for intelligence or intelligence related activities of each element of the Government engaged in such activities in the fiscal year for which the budget is submitted and the estimated appropriation required for each of the ensuing four fiscal years; and (B) as used in subparagraph (A), the term element of the Government refers to each element of the intelligence community as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3855ih/xml/BILLS-113hr3855ih.xml
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113-hr-3856
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I 113th CONGRESS 2d Session H. R. 3856 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Foster 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 2-year extension of the exclusion from gross income for the discharge of qualified principal residence indebtedness, and for other purposes.
1. Short title This Act may be cited as the Homeowners Debt Relief Extension Act of 2014 . 2. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general Subparagraph (E) of section 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Effective date The amendment made by this section shall apply to indebtedness discharged after December 31, 2013. 3. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for certain oil and gas income In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term domestic production gross receipts shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2013. 4. Debt reduction The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act shall be deposited in the Treasury of the United States and used only to redeem outstanding Federal debt.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3856ih/xml/BILLS-113hr3856ih.xml
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