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113-hr-553 | I 113th CONGRESS 1st Session H. R. 553 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate the exclusive economic zone of the United States as the Ronald Wilson Reagan Exclusive Economic Zone of the United States .
1. Designation of the Ronald Wilson Reagan Exclusive Economic Zone of the United States (a) Designation The exclusive economic zone of the United States, as established by Presidential Proclamation Numbered 5030, dated March 10, 1983, is designated as the Ronald Wilson Reagan Exclusive Economic Zone of the United States . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the exclusive economic zone of the United States is deemed to be a reference to the Ronald Wilson Reagan Exclusive Economic Zone of the United States . | https://www.govinfo.gov/content/pkg/BILLS-113hr553ih/xml/BILLS-113hr553ih.xml |
113-hr-554 | I 113th CONGRESS 1st Session H. R. 554 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Jeffries introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide relief to homeowners affected by Superstorm Sandy who have mortgages insured by the FHA, or owned or guaranteed by Fannie Mae or Freddie Mac, and for other purposes.
1. Short title This Act may be cited as the Superstorm Sandy Mortgage Relief Act of 2013 . 2. Requirement to offer forbearance to affected homeowners (a) Requirement The Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall each carry out a program under this section to notify mortgagors under covered mortgages of the availability of forbearance under the program and to offer and provide such relief upon a request by an eligible homeowner. (b) Covered mortgage For purposes of this section, the term covered mortgage means a mortgage— (1) that is secured by a one- to four-family dwelling that— (A) is the principal residence of the mortgagor; and (B) is located within an area for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Sandy; and (2) that is— (A) insured under title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ); or (B) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (c) Eligible homeowner For purposes of this section, the term eligible homeowner means a mortgagor under a covered mortgage whose— (1) household experienced a disruption in income as a result of Hurricane Sandy, as determined in accordance with guidelines issued pursuant to subsection (k); or (2) residence that secures the mortgage was damaged as a result of Hurricane Sandy, as determined in accordance with guidelines issued pursuant to subsection (k). (d) Notification Under the program under this section, the applicable agency heads shall require each mortgagee of a covered mortgage to notify the mortgagor under the mortgage in writing, not later than the expiration of the 60-day period beginning on the date of the enactment of this Act and in such form as the applicable agency heads shall require pursuant to guidelines issued under subsection (k)— (1) that the mortgage is a covered mortgage that may be eligible for forbearance relief under the program under this section; (2) of the requirements for eligible homeowners to qualify for such relief; (3) of the terms of such relief; and (4) how to request such relief. (e) Request for relief The applicable agency heads shall, by guidelines issued under subsection (k), provide for mortgagors under covered mortgages to submit requests, during the 6-month period beginning on the date of the enactment of this Act, to the mortgagees of such mortgages for forbearance relief under the program under this section. (f) Determination Upon receipt of a request made by a mortgagor under a covered mortgage for forbearance relief under the program under this section that is submitted during the period referred to in subsection (e), the mortgagee shall promptly determine whether the mortgagor is an eligible homeowner and immediately notify the mortgagor in writing of such determination. (g) Requirement To offer forbearance If, pursuant to a request for relief submitted pursuant to subsection (e) with respect to a covered mortgage, the mortgagee for the mortgage determines that the mortgagor under the mortgage is an eligible homeowner, the mortgagee shall, together with the notification required under subsection (f) submit to the eligible homeowner a written offer for forbearance that meets the requirements of subsection (h). (h) Terms of forbearance (1) In general An offer for forbearance with respect to a covered mortgage meets the terms of this subsection only if— (A) the forbearance provides for the suspension of payments due under the mortgage for a period having a duration that is not shorter than 4 months nor longer than 12 months; and (B) the offer provides for forbearance and terms, requirements, and procedures for such forbearance that otherwise comply with guidelines issued by the Secretary and the Director pursuant to paragraph (2) of this subsection. (2) Establishment of terms The applicable agency heads shall, by guidelines issued pursuant to subsection (k), provide for the terms, requirements, and procedures for forbearance offered under the program under this section. Such guidelines shall provide that— (A) such forbearance shall be in manner provided under, and subject to the terms of, the provisions of Mortgagee Letter 2002–17 of the Secretary (regarding Special Forbearance: Program Changes and Updates ) relating to Type I Special Forbearance, except that— (i) an offer of forbearance under the program under this section shall only provide relief described in paragraph (1)(A) of this subsection; (ii) any requirement under such Mortgagee Letter relating to delinquency of the mortgage or payments due and unpaid shall not apply to the program under this section; and (iii) the terms of such Mortgagee Letter shall apply with respect to mortgages described in subsection (b)(2)(B) and to the Director in the same manner and to the same extent that such Mortgagee Letter applies to mortgages described in subsection (b)(2)(A) and the Secretary; and (B) the period referred to in paragraph (1)(A) of this subsection may cover periods for which payments due under the mortgage were not paid that occurred before the request for relief under the program was submitted, including periods occurring before the date of the enactment of this Act. (i) Other forbearance This section may not be construed to prevent an eligible homeowner and the mortgagee for the covered mortgage of such eligible homeowner from agreeing to any other terms of forbearance, regardless of whether such eligible homeowner made a request under subsection (e) or received an offer of forbearance pursuant to subsection (g). (j) Other definitions For purposes of this section, the following definitions shall apply: (1) Applicable agency head The term applicable agency head means— (A) the Secretary, with respect to a covered mortgage described in subsection (b)(2)(A); and (B) the Director, with respect to a covered mortgage described in subsection (b)(2)(B). (2) Director The term Director means the Director of the Federal Housing Finance Agency. (3) Mortgagee The term mortgagee means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. (k) Guidelines Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out the program under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr554ih/xml/BILLS-113hr554ih.xml |
113-hr-555 | I 113th CONGRESS 1st Session H. R. 555 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Johnson of Ohio (for himself, Mr. Duncan of South Carolina , and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Mineral Leasing Act to authorize the Secretary of the Interior to conduct onshore oil and gas lease sales through Internet-based live lease sales, and for other purposes.
1. Short title This Act may be cited as the BLM Live Internet Auctions Act . 2. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1) ) is amended— (1) in subparagraph (A), in the third sentence, by inserting , except as provided in subparagraph (C) after by oral bidding ; and (2) by adding at the end the following: (C) In order to diversify and expand the Nation’s onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days. . (b) Report Not later than 90 days after the tenth Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze the first 10 such lease sales and report to Congress the findings of the analysis. The report shall include— (1) estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in— (A) the number of bidders; (B) the average amount of bid; (C) the highest amount bid; and (D) the lowest bid; (2) an estimate on the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process. | https://www.govinfo.gov/content/pkg/BILLS-113hr555ih/xml/BILLS-113hr555ih.xml |
113-hr-556 | I 113th CONGRESS 1st Session H. R. 556 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Sam Johnson of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to require individuals to include their social security numbers on the income tax return as a condition of claiming the refundable portion of the child tax credit, and for other purposes.
1. Short title This Act may be cited as the Refundable Child Tax Credit Eligibility Verification Reform Act of 2013 . 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 inserting after paragraph (4) 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. 3. Restrictions on taxpayers who improperly claimed refundable portion of the child tax credit in prior year (a) In general Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph: (6) Restrictions on taxpayers who improperly claimed credit in prior year (A) Taxpayers making prior fraudulent or reckless claims (i) In general No credit shall be allowed under this subsection for any taxable year in the disallowance period. (ii) Disallowance period For purposes of clause (i), the disallowance period is— (I) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this subsection was due to fraud, and (II) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this subsection was due to reckless or intentional disregard of rules and regulations (but not due to fraud). (B) Taxpayers making improper prior claims In the case of a taxpayer who is denied credit under this subsection for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this subsection for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Checklist for paid preparers to verify eligibility for refundable portion of the child tax credit; penalty for failure to meet due diligence requirements (a) In general The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe a form (similar to Form 8867) which is required to be completed by paid income tax return preparers in connection with claims for the refundable portion of the child tax credit under section 24(d) of the Internal Revenue Code of 1986. (b) Penalty Section 6695 of the Internal Revenue Code of 1986 (relating to other assessable penalties with respect to the preparation of tax returns for other persons) is amended by adding at the end the following new subsection: (h) Failure To be diligent in determining eligibility for refundable portion of child tax credit Any person who is a tax return preparer with respect to any return or claim for refund who fails to comply with due diligence requirements imposed by the Secretary by regulations with respect to determining eligibility for, or the amount of, the credit allowable by section 24(d) shall pay a penalty of $500 for each such failure. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr556ih/xml/BILLS-113hr556ih.xml |
113-hr-557 | I 113th CONGRESS 1st Session H. R. 557 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Kelly (for himself, Mr. Burgess , Mr. Fincher , Mr. Pompeo , Mr. Long , Mr. Messer , Mr. Fleming , Mr. Perry , Mr. Marchant , Mr. Fleischmann , Mr. LaMalfa , Mr. Kingston , Mr. Pearce , Mr. Olson , Mr. Gardner , Mr. Austin Scott of Georgia , Mr. Chabot , Mr. Brooks of Alabama , Mr. Cole , Mr. Cotton , Mr. Jones , Mrs. Black , Mr. DesJarlais , Mr. Westmoreland , Mr. Gingrey of Georgia , Mr. Meadows , Mr. Rokita , Mr. Stockman , Mr. Scalise , Mr. Gowdy , and Mr. Duncan of Tennessee ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prevent certain individuals purportedly appointed to the National Labor Relations Board from receiving salaries, and to prevent an unconstitutional quorum of the Board from taking agency actions, until there is a final decision in pending lawsuits regarding the constitutionality of certain alleged recess appointments.
1. Short title This Act may be cited as the Advice and Consent Restoration Act . 2. No salaries for unconstitutional NLRB appointments (a) In general Notwithstanding any other provision of law, an individual shall not receive any salary or payment for services performed as a member of the National Labor Relations Board unless the individual has been appointed— (1) by and with the advice and consent of the Senate, in accordance with clause 2 of section 2 of article II of the United States Constitution; or (2) appointed appropriately in accordance with clause 3 of section 2 of article II of the United States Constitution. (b) Effective date This section shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act. 3. Prohibiting NLRB actions or decisions (a) In general Notwithstanding any other provision of law, an unconstitutional quorum of the National Labor Relations Board shall not convene or take any agency action, as defined in section 551 of title 5, United States Code, and including any determination, hearing, investigation, direction of election, certification, order, rule, regulation, or review of any determination, until the date on which final judgment is entered in all cases challenging the constitutionality of the purported appointment of individuals to such Board that are pending before a Federal court on the date of enactment of this Act. (b) Definition In this section, the term unconstitutional quorum means a quorum of the National Labor Relations Board that includes 1 or more individuals who were purportedly appointed to the Board and who are the subject of a cause of action relating to such purported appointment that is pending before a Federal court on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr557ih/xml/BILLS-113hr557ih.xml |
113-hr-558 | I 113th CONGRESS 1st Session H. R. 558 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. King of New York (for himself, Mr. Young of Alaska , Mr. Reichert , Mr. Grimm , Ms. Bordallo , Mr. Larson of Connecticut , Mr. Runyan , Mr. Ruppersberger , Mr. Pascrell , Mr. Coble , and Mr. Jones ) introduced the following bill; which was referred to the Committee on House Administration A BILL To provide Capitol-flown flags to the immediate family of fire fighters, law enforcement officers, emergency medical technicians, and other rescue workers who are killed in the line of duty.
1. Short title This Act may be cited as the Fallen Heroes Flag Act of 2013 . 2. Providing capitol-flown flags for families of law enforcement and rescue workers killed in the line of duty (a) In general At the request of the immediate family of a fire fighter, law enforcement officer, emergency technician, or other rescue worker who died in the line of duty, the Representative of the family may provide the family with a Capitol-flown flag, together with the certificate described in subsection (c). (b) No cost to family A flag provided under this section shall be provided at no cost to the family. (c) Certificate The certificate described in this subsection is a certificate which is signed by the Speaker of the House of Representatives and the Representative providing the flag, and which contains an expression of sympathy from the House of Representatives for the family involved, as prepared and developed by the Clerk of the House of Representatives. (d) Definitions In this section— (1) the term Capitol-flown flag means a United States flag flown over the United States Capitol in honor of the deceased individual for whom such flag is requested; and (2) the term Representative includes a Delegate or Resident Commissioner to the Congress. 3. Regulations and procedures (a) In general Not later than 30 days after the date of the date of the enactment of this Act, the Clerk shall issue regulations for carrying out this Act, including regulations to establish procedures (including any appropriate forms, guidelines, and accompanying certificates) for requesting a Capitol-flown flag. (b) Approval by committee on house administration The regulations issued by the Clerk under subsection (a) shall take effect upon approval by the Committee on House Administration of the House of Representatives. 4. Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 2013 through 2018 such sums as may be necessary to carry out this Act, to be derived from amounts appropriated in each such fiscal year for the operation of the Capitol Visitor Center, except that the aggregate amount appropriated to carry out this Act for all such fiscal years may not exceed $30,000. 5. Effective date This Act shall take effect on the date of its enactment, except that no flags may be provided under section 2 until the Committee on House Administration of the House of Representatives approves the regulations issued by the Clerk of the House of Representatives under section 3. | https://www.govinfo.gov/content/pkg/BILLS-113hr558ih/xml/BILLS-113hr558ih.xml |
113-hr-559 | I 113th CONGRESS 1st Session H. R. 559 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Lee of California (for herself, Ms. Schakowsky , Mr. Ellison , Mr. Grijalva , Mr. Conyers , Mr. Lewis , Mr. Honda , Ms. Clarke , Mr. Burgess , Mr. Rush , Mr. Schrader , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 reduce by 5 percent the discretionary budget authority of any Federal agency for a fiscal year if the financial statement of the agency for the previous fiscal year does not receive a qualified or unqualified audit opinion by an external independent auditor, and for other purposes.
1. Short title This Act may be cited as the Audit the Pentagon Act of 2013 . 2. Purposes The purposes of this Act are as follows: (1) To strengthen American national security by ensuring that— (A) military planning, operations, weapons development, and a long-term national security strategy are connected to sound financial controls; and (B) defense dollars are spent efficiently. (2) To instill a culture of accountability at the Department of Defense that supports the vast majority of dedicated members of the Armed Forces and civilians who want to ensure proper accounting and prevent waste, fraud, and abuse. 3. Findings Congress finds the following: (1) The 2012 Financial Report of the United States Government found that 21 of 24 major Federal agencies received clean audit opinions. Two more, the Department of Homeland Security and the Department of State, received qualified audit opinions but are making progress. Only the Department of Defense had a disclaimer because it lacked any auditable reporting or accounting available for independent review. In the Financial Report, the Treasury Department summarized: Over the past 20 years, an increasing number of Federal agencies have initiated and sustained disciplined and consistent financial reporting operations, implemented effective internal controls around financial reporting, and have successfully integrated transaction processing and accounting records. These efforts have resulted in improved results on financial statement audits. However, weaknesses in basic financial management practices and other limitations continue to prevent one major agency, and the Government as a whole, from achieving an audit opinion. . (2) The financial management of the Department of Defense has been on the High-Risk list of the Government Accountability Office (GAO). The GAO found that the Department is not consistently able to control costs; ensure basic accountability; anticipate future costs and claims on the budget; measure performance; maintain funds control; and prevent and detect fraud, waste, and abuse . (3) At a September 2010 hearing of the Senate, the Government Accountability Office stated that past expenditures by the Department of Defense of $5,800,000,000 to improve financial information, and billions of dollars more of anticipated expenditures on new information technology systems for that purpose, may not suffice to achieve full audit readiness of the financial statement of the Department. At that hearing, the Government Accountability Office could not predict when the Department would achieve full audit readiness of such statements. (4) Section 9 of article 1 of the Constitution of the United States requires all agencies of the Federal Government, including the Department of Defense, to publish a regular statement and account of the receipts and expenditures of all public money . (5) Section 303(d) of the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) required that financial statements be prepared and independently audited for the Department of the Army by March 31, 1992, and for the Department of the Air Force by March 31, 1993. Neither the Department of the Army nor the Department of the Air Force has complied. (6) Section 3515 of title 31, United States Code, requires the agencies of the Federal Government, including the Department of Defense, to present auditable financial statements beginning not later than March 1, 1997. The Department has not complied with this law. (7) The Federal Financial Management Improvement Act of 1996 ( 31 U.S.C. 3512 note) requires financial systems acquired by the Federal Government, including the Department of Defense, to be able to provide information to leaders to manage and control the cost of government. The Department has not complied with this law. (8) The National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ) requires the Secretary of Defense to report to Congress annually on the reliability of the financial statements of the Department of Defense, to minimize resources spent on producing unreliable financial statements, and to use resources saved to improve financial management policies, procedures, and internal controls. (9) In 2005, the Department of Defense created a Financial Improvement and Audit Readiness (FIAR) Plan, overseen by a directorate within the office of the Under Secretary of Defense (Comptroller), to improve Department business processes with the goal of producing timely, reliable, and accurate financial information that could generate an audit-ready annual financial statement. In December 2005, that directorate, known as the FIAR Directorate, issued the first of a series of semiannual reports on the status of the Financial Improvement and Audit Readiness Plan. (10) The National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ) requires regular status reports on the Financial Improvement and Audit Readiness Plan described in paragraph (9), and codified as a statutory requirement the goal of the Plan in ensuring that Department of Defense financial statements are validated as ready for audit not later than September 30, 2017. 4. Spending reductions for agencies without clean audits (a) Applicability (1) In general Subject to paragraph (2), this section applies to each Federal agency identified by the Director of the Office of Management and Budget as required to have an audited financial statement under section 3515 of title 31, United States Code. (2) Applicability to military departments and defense agencies For purposes of paragraph (1), in the case of the Department of Defense, each military department and each Defense Agency shall be treated as a separate Federal agency. (b) Definitions In this section, the terms financial statement and external independent auditor have the same meanings as those terms have under section 3521(e) of title 31, United States Code. (c) Adjustments for Financial Accountability (1) On March 2 of fiscal year 2014 and each subsequent fiscal year, the discretionary budget authority available for each Federal agency for such fiscal year is adjusted as provided in paragraph (2). (2) If a Federal agency has not submitted a financial statement for the previous fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor, the discretionary budget authority available for the Federal agency is reduced by 5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (e)). (3) An amount equal to the total amount of any reduction under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction. (d) Accounts excluded The following accounts are excluded from any reductions referred to in subsection (c)(2): (1) Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. (2) The Defense Health Program account of the Department of Defense. (e) Waiver The President may waive subsection (c)(2) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are in combat. (f) Report Not later than 60 days after an adjustment under subsection (c), the Director of the Office of Management and Budget shall submit to Congress a report describing the amount and account of each adjustment. 5. Report on Department of Defense reporting requirements Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to Congress a report setting forth a list of each report of the Department required by law to be submitted to Congress which, in the opinion of the Under Secretary, interferes with the capacity of the Department to achieve an audit of the financial statements of the Department with an unqualified opinion. 6. Sense of Congress It is the sense of Congress that— (1) as the overall defense budget is cut, congressional defense committees and the Department of Defense should not endanger the Nation’s troops by reducing wounded warrior accounts or vital protection (such as body armor) for members of the Armed Forces in harm’s way; (2) the valuation of legacy assets by the Department of Defense should be simplified without compromising essential controls or generally accepted government auditing standards; and (3) nothing in this Act should be construed to require or permit the declassification of accounting details about classified defense programs, and, as required by law, the Department of Defense should ensure financial accountability in such programs using proven practices, including using auditors with security clearances. | https://www.govinfo.gov/content/pkg/BILLS-113hr559ih/xml/BILLS-113hr559ih.xml |
113-hr-560 | I 113th CONGRESS 1st Session H. R. 560 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Rio Grande del Norte National Conservation Area in the State of New Mexico, and for other purposes.
1. Short title This Act may be cited as the Rio Grande del Norte National Conservation Area Establishment Act . 2. Definitions In this Act: (1) Conservation area The term Conservation Area means the Rio Grande del Norte National Conservation Area established by section 3(a)(1). (2) Land grant community The term land grant community means a member of the Board of Trustees of confirmed or nonconfirmed community land grants within the Conservation Area. (3) Management plan The term management plan means the management plan for the Conservation Area developed under section 3(d). (4) Map The term map means the map entitled Rio Grande del Norte National Conservation Area and dated November 4, 2009. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of New Mexico. 3. Establishment of national conservation area (a) Establishment (1) In general There is established the Rio Grande del Norte National Conservation Area in the State. (2) Area included The Conservation Area shall consist of approximately 235,980 acres of public land in Taos and Rio Arriba counties in the State, as generally depicted on the map. (b) Purposes The purposes of the Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of the Conservation Area. (c) Management (1) In general The Secretary shall manage the Conservation Area— (A) in a manner that conserves, protects, and enhances the resources of the Conservation Area; and (B) in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (ii) this Act; and (iii) any other applicable laws. (2) Uses (A) In general The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purposes described in subsection (b). (B) Use of motorized vehicles (i) In general Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads designated for use by motorized vehicles in the management plan. (ii) New roads No additional road shall be built within the Conservation Area after the date of enactment of this Act unless the road is needed for public safety or natural resource protection. (C) Grazing The Secretary shall permit grazing within the Conservation Area, where established before the date of enactment of this Act— (i) subject to all applicable laws (including regulations) and Executive orders; and (ii) consistent with the purposes described in subsection (b). (D) Collection of piÑon nuts, firewood, medicinal plants and herbs Nothing in this section precludes the traditional collection of firewood, medicinal plants and herbs, and piñon nuts in the Conservation Area for noncommercial personal use— (i) in accordance with any applicable laws; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (E) Utility right-of-way upgrades Nothing in this section precludes the Secretary from renewing or authorizing the upgrading (including widening) of an existing utility right-of-way through the Conservation Area in a manner that minimizes harm to the purposes of the Conservation Area described in subsection (b)— (i) in accordance with— (I) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (II) any other applicable law; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (F) Tribal cultural uses (i) Access The Secretary shall, in consultation with Indian tribes or pueblos— (I) ensure the protection of religious and cultural sites in the Conservation Area; and (II) provide access to the sites by members of Indian tribes or pueblos for traditional cultural and customary uses, consistent with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ). (ii) Temporary closures In accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ), the Secretary, on request of an Indian tribe or pueblo, may temporarily close to general public use one or more specific areas of the Conservation Area in order to protect traditional cultural and customary uses in those areas by members of the Indian tribe or the pueblo. (d) Management plan (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area. (2) Other plans To the extent consistent with this Act, the plan may incorporate in the management plan the Rio Grande Corridor Management Plan in effect on the date of enactment of this Act. (3) Consultation The management plan shall be developed in consultation with— (A) State and local governments; (B) tribal governmental entities; (C) land grant communities; and (D) the public. (4) Considerations In preparing and implementing the management plan, the Secretary shall consider the recommendations of Indian tribes and pueblos on methods for— (A) ensuring access to religious and cultural sites; (B) enhancing the privacy and continuity of traditional cultural and religious activities in the Conservation Area; and (C) protecting traditional cultural and religious sites in the Conservation Area. (e) Incorporation of acquired land and interests in land Any land that is within the boundary of the Conservation Area that is acquired by the United States shall— (1) become part of the Conservation Area; and (2) be managed in accordance with— (A) this Act; and (B) any other applicable laws. (f) Special management areas (1) In general The establishment of the Conservation Area shall not change the management status of any area within the boundary of the Conservation Area that is— (A) designated as a component of the National Wild and Scenic Rivers System under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); or (B) managed as an area of critical environmental concern. (2) Conflict of laws If there is a conflict between the laws applicable to the areas described in paragraph (1) and this Act, the more restrictive provision shall control. 4. Designation of wilderness areas (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Conservation Area are designated as wilderness and as components of the National Wilderness Preservation System: (1) Cerro del yuta wilderness Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the Cerro del Yuta Wilderness . (2) Rio San Antonio Wilderness Certain land administered by the Bureau of Land Management in Rio Arriba County, New Mexico, comprising approximately 8,000 acres, as generally depicted on the map, which shall be known as the Rio San Antonio Wilderness . (b) Management of wilderness areas Subject to valid existing rights, the wilderness areas designated by subsection (a) shall be administered in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this Act, except that with respect to the wilderness areas designated by this Act— (1) any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (c) Incorporation of acquired land and interests in land Any land or interest in land within the boundary of the wilderness areas designated by subsection (a) that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (B) this Act; and (C) any other applicable laws. (d) Grazing Grazing of livestock in the wilderness areas designated by subsection (a), where established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (e) Buffer zones (1) In general Nothing in this section creates a protective perimeter or buffer zone around any wilderness area designated by subsection (a). (2) Activities outside wilderness areas The fact that an activity or use on land outside any wilderness area designated by subsection (a) can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. (f) Release of wilderness study areas Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this section— (1) has been adequately studied for wilderness designation; (2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (3) shall be managed in accordance with this Act. 5. General provisions (a) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the Conservation Area and the wilderness areas designated by section 4(a) with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map. (3) Public availability The map and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (b) National landscape conservation system The Conservation Area and the wilderness areas designated by section 4(a) shall be administered as components of the National Landscape Conservation System. (c) Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establishing periods when, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. (d) Withdrawals Subject to valid existing rights, any Federal land within the Conservation Area and the wilderness areas designated by section 4(a), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (e) Treaty rights Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. | https://www.govinfo.gov/content/pkg/BILLS-113hr560ih/xml/BILLS-113hr560ih.xml |
113-hr-561 | I 113th CONGRESS 1st Session H. R. 561 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Meehan (for himself, Mr. Carney , Mr. Poe of Texas , Ms. Castor of Florida , Mr. Issa , Mr. Brady of Pennsylvania , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to provide further clarity for institutions of higher education, and for other purposes.
1. Short title This Act may be cited as the Protecting Victims on Campus Act of 2013 . 2. Disclosure of campus security policy and campus crime statistics Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting before the semicolon the following: , and making available to students and employees a list of the titles, in each department of the institution, of each individual who is a campus security authority to whom students and employees should report the criminal offenses described in subparagraph (F) ; and (B) in subparagraph (F)(i)— (i) by striking and at the end of subclause (VIII); and (ii) by adding the following at the end: (X) criminal offenses involving minors; and ; (2) by repealing paragraph (2); (3) in paragraph (3)— (A) by striking Each and inserting (A) Each ; (B) by inserting , that keeps confidential the personally identifiable information of victims, after that is timely ; and (C) by adding at the end the following: (B) In carrying out the requirements of subparagraph (A), an institution shall— (i) designate an individual who is familiar with the requirements of this subsection to serve as a campus security authority coordinator to— (I) oversee campus security authorities; (II) solicit and compile the crimes described in subparagraph (F) of paragraph (1) reported to such authorities for the purpose of including such information in the timely reports required under this paragraph; and (III) ensure that when a crime of violence (as defined in section 16 of title 18, United States Codes) is reported to a campus security authority, the authority reports the crime to local law police agencies; (ii) establish policies or procedures for training campus security authorities and the campus security authority coordinator; and (iii) employ or designate an individual or other entity to conduct such training using the policies or procedures established under clause (ii), upon receiving approval from the Secretary for such individual or other entity to conduct such training. ; (4) in paragraph (13)— (A) by striking Upon and inserting (A) Upon ; (B) by inserting which distinguishes between institutional neglect and intentional misrepresentation or withholding of information, after this subsection, ; (C) by inserting , except that the Secretary shall impose a larger civil penalty in the case of an institution of higher education determined to have intentionally violated this subsection, as compared to an institution of higher education that violated this subsection as a result of institutional neglect. An intentional violation of this subsection by an institution of higher education shall be subject to criminal prosecution after under section 487(c)(3)(B) ; and (D) by adding at the end the following: (B) Prior to making a determination described in subparagraph (A) with respect to an institution of higher education, the Secretary shall— (i) conduct an investigation with respect to the institution; and (ii) provide the institution with a timeline of the investigation and a preliminary report that includes the reasons for conducting such investigation. ; and (5) in paragraph (17), before the period insert the following: or any individual because such individual provided information or made a complaint to a law enforcement agency relating to the implementation of any provision of this subsection, provided that the individual acted in good faith when providing such information or making such complaint . | https://www.govinfo.gov/content/pkg/BILLS-113hr561ih/xml/BILLS-113hr561ih.xml |
113-hr-562 | I 113th CONGRESS 1st Session H. R. 562 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide for a three-month extension of the Veterans Retraining Assistance Program administered by the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the VRAP Extension Act of 2013 . 2. Three-month extension of Veterans Retraining Assistance Program (a) Extension Section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 ; 125 Stat. 713; 38 U.S.C. 4100 note) is amended— (1) in subsection (a)(2)(B), by striking March 31, 2014 and inserting June 30, 2014 ; and (2) in subsection (k), by striking March 31, 2014 and inserting June 30, 2014 . (b) Interim report (1) Report required Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, shall submit to the appropriate committees of Congress an interim report on the retraining assistance provided under section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 ; 125 Stat. 713; 38 U.S.C. 4100 note). (2) Elements The report required by paragraph (1) shall include the following: (A) The total number of— (i) eligible veterans who have participated in the program established under such section as of the date of the enactment of this Act; and (ii) associates degrees or certificates awarded (or other similar evidence of the completion of the program of education or training earned) to veterans participating in the program established under such section as of such date. (B) Data related to the employment status of eligible veterans who participated in such program. | https://www.govinfo.gov/content/pkg/BILLS-113hr562ih/xml/BILLS-113hr562ih.xml |
113-hr-563 | I 113th CONGRESS 1st Session H. R. 563 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Moore (for herself, Mr. Langevin , Ms. Lee of California , Mr. Grijalva , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to establish a grant program to fund additional school social workers and retain school social workers already employed in high-need local educational agencies.
1. Short title This Act may be cited as the School Social Workers Improving Student Success Act . 2. School Social Workers Grants Subpart 2 of part D of title V of the Elementary and Secondary Education Act of 1965 is amended by adding after section 5421 ( 20 U.S.C. 7245 ) the following new section: 5422. Grants for School Social Workers (a) Grants authorized (1) In general The Secretary may award grants to high-need local educational agencies to enable such agencies to retain school social workers employed by such agencies or to hire additional school social workers. (2) Duration A grant awarded under this section shall be awarded for a period not to exceed 4 years. (3) Supplementation of funds Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for hiring and retaining school social workers. (b) Use of funds (1) A local educational agency receiving a grant under this section shall use the grant to retain school social workers employed by such agencies or to hire additional school social workers providing services described in subsection (d)(2). (2) A local educational agency receiving a grant under this section may use such grant for any of the following purposes: (A) To reimburse school social workers for travel expenses incurred during home visits and other school-related trips. (B) To reimburse school social workers for any additional expenses incurred in rendering the services described in subsection (d)(2). (c) Applications (1) In general To be eligible to receive a grant under this section, a high-need local educational agency shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents Each application submitted for a grant under this section shall contain a description of the duties and responsibilities of school social workers providing services to students through such grant in accordance with subsection (d). (d) Duties and responsibilities of school social worker Any school social worker providing services to students through a grant funded under this section shall— (1) identify the highest-need students (as such term is defined by the Secretary) in each school such social worker serves and target services provided at the school to such students; and (2) provide to students in each school in which a school social worker serves, social work services, including— (A) counseling and crisis intervention; (B) case management activities to coordinate the delivery of and access to the appropriate social work services to highest-need students; (C) addressing of social, emotional, and mental health needs to ensure better school participation and better outcomes; (D) providing assistance to teachers to design behavioral interventions; (E) working with students, families, schools, and communities to promote attendance and address the causes of poor attendance, such as homelessness, lack of transportation, illness, phobia, or parents who have negative impressions of school; (F) home visits to meet the family of students in need of social work services in the home environment; (G) connecting students and families to the social welfare, child welfare, and community resource systems; and (H) other services the Secretary determines are necessary to carry out this section. (e) Grant Renewal (1) In general Grants awarded under this section may be renewed for additional periods having the same duration as the original grant period. (2) Continuing eligibility To be eligible for renewal under this paragraph of a grant, a high-need local educational agency shall submit to the Secretary, for each renewal, a report on the progress of such recipient in retaining and hiring school social workers. Such report shall include— (A) a description of the staffing expansion of school social workers funded through the grant received under this section; and (B) a description of the work such social workers performed to target high-need populations (as determined by the Secretary). (f) Technical assistance (1) In general The Secretary shall provide technical assistance to high-need local educational agencies, including such agencies that do not have adequate staff, in applying for grants under this section. (2) Extension of application period The Secretary shall extend any application period for a grant under this section for any high-need local educational agency that— (A) submits to the Secretary a written notification of the intent to apply for a grant under this section before requesting technical assistance under paragraph (1); and (B) after submitting the notification under subparagraph (A) requests such technical assistance. (g) Definitions In this section: (1) The term high-need local educational agency has the meaning given such term in section 2102(3)(A). (2) The term school social worker has the meaning given such term in section 5421(e). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2018. . | https://www.govinfo.gov/content/pkg/BILLS-113hr563ih/xml/BILLS-113hr563ih.xml |
113-hr-564 | I 113th CONGRESS 1st Session H. R. 564 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Pallone introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title V of the Social Security Act to extend funding for family-to-family health information centers to help families of children with disabilities or special health care needs make informed choices about health care for their children.
1. Short title This Act may be cited as the Access to Health Information Centers for Families with Disabilities Act of 2 013 . 2. Extension of funding for family-to-family health information centers Section 501(c)(1)(A)(iii) of the Social Security Act ( 42 U.S.C. 701(c)(1)(A)(iii) ), as amended by section 624 of the American Taxpayer Relief Act of 2012, is amended by striking 2013 and inserting 2016 . | https://www.govinfo.gov/content/pkg/BILLS-113hr564ih/xml/BILLS-113hr564ih.xml |
113-hr-565 | I 113th CONGRESS 1st Session H. R. 565 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Pallone introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title III of the Public Health Service Act to authorize and support the creation of cardiomyopathy education, awareness, and risk assessment materials and resources by the Secretary of Health and Human Services through the Centers for Disease Control and Prevention and the dissemination of such materials and resources by State educational agencies to identify more at-risk families.
1. Short title This Act may be cited as the Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2013 . 2. Materials and resources to increase education and awareness of cardiomyopathy among school administrators, educators, and families Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following new section: 399V–6. Materials and resources to increase education and awareness of cardiomyopathy among school administrators, educators, and families (a) Materials and resources Not later than 18 months after the date of the enactment of this section, the Secretary of Health and Human Services (in this section referred to as the Secretary ), in conjunction with the Director of the Centers for Disease Control and Prevention (in this section referred to as the Director ) and in consultation with national patient advocacy and health professional organizations expert in all forms of cardiomyopathy, shall develop public education and awareness materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) background information to increase education and awareness of cardiomyopathy among school administrators, educators, and families; (2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; (3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; (4) training information on automated external defibrillators and cardiopulmonary resuscitation; and (5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan. (b) Development of materials and resources The Secretary, through the Director, shall develop and update as necessary and appropriate the materials and resources under subsection (a) and, in support of such effort, the Secretary is encouraged to— (1) establish an advisory panel composed of— (A) representatives from multiple national patient advocacy organizations and medical professionals expert in all forms of cardiomyopathy; (B) a representative from the Centers for Disease Control and Prevention; and (C) representatives from other relevant Federal agencies; and (2) engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization expert in all forms of cardiomyopathy. (c) Dissemination of materials and resources Not later than 30 months after the date of the enactment of this section, the Secretary, through the Director, shall disseminate the materials and resources under subsection (a) in accordance with the following: (1) Distribution by State education agencies The Secretary shall make available such materials and resources to State educational agencies to distribute— (A) to school administrators, educators, school health professionals, coaches and parents, guardians, or other caregivers, the cardiomyopathy education and awareness materials and resources under subsection (a); (B) to parents, guardians, or other caregivers, the cardiomyopathy risk assessment worksheet described in subsection (a)(2); and (C) to school administrators and school health professionals, the— (i) guidelines described in subsection (a)(3); (ii) training information described in subsection (a)(4); and (iii) recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals The Secretary shall make available such materials and resources to State and local health departments, pediatricians, hospitals, and other health professionals, such as nurses and first responders. (3) Posting on website (A) CDC (i) In general The Secretary, through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Additional information The Director is encouraged to maintain on such public Internet website such additional information regarding cardiomyopathy as deemed appropriate by the Director. (B) State education agencies State educational agencies are encouraged to create public Internet webpages dedicated to cardiomyopathy and post the materials and resources developed under subsection (a) on such webpages. (d) Report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report identifying the steps taken to increase public education and awareness of cardiomyopathy as outlined under this section. (e) Definitions For purposes of this section: (1) Cardiomyopathy The term cardiomyopathy means a rare heart condition, which is a disease of the heart muscle (myocardium)— (A) the symptoms of which may vary from case to case, including— (i) in some cases, the presentation of no symptoms (asymptomatic); and (ii) in many cases, the symptoms of a progressive condition that may result in an impaired ability of the heart to pump blood, fatigue, irregular heart-beats (arrhythmia), and, potentially, sudden cardiac death or heart failure; and (B) the recognized types of which include dilated, hypertrophic, restrictive, arrhythmogenic right ventricular dysplasia, and left ventricular noncompaction. (2) School administrators The term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or child care center. (3) Schools The term school means an early education program, child care center, or elementary school or secondary school (as such terms are so defined). (4) National nonprofit advocacy organizations expert in all forms of cardiomyopathy The term national nonprofit advocacy organizations expert in all forms of cardiomyopathy means organizations that provide support services to families or fund research, and work to increase public awareness and education regarding all types of cardiomyopathy. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $1,000,000 for fiscal year 2014, $750,000 for fiscal year 2015, and $500,000 for each of fiscal years 2016 through 2018. . | https://www.govinfo.gov/content/pkg/BILLS-113hr565ih/xml/BILLS-113hr565ih.xml |
113-hr-566 | I 113th CONGRESS 1st Session H. R. 566 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Petri (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend title IV of the Employee Retirement Income Security Act of 1974 to provide for a guarantee by the Pension Benefit Guaranty Corporation for qualified preretirement survivor annuities under insolvent or terminated multiemployer pension plans.
1. Guarantee for pre-retirement survivor annuities under multiemployer pension plans (a) In general Section 4022A(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322a(b) ) is amended by adding at the end the following new paragraph: (3) For purposes of subsection (a), a qualified preretirement survivor annuity (as defined in section 205(e)(1)) with respect to a participant under a multiemployer plan which becomes insolvent under section 4245(b) or 4281(d)(2) or is terminated shall not be treated as forfeitable solely because the participant has not died as of the date on which the plan became so insolvent or the termination date. . (b) Retroactive application The amendment made by this section shall apply with respect to multiemployer plan benefit payments becoming payable on or after December 31, 1984. | https://www.govinfo.gov/content/pkg/BILLS-113hr566ih/xml/BILLS-113hr566ih.xml |
113-hr-567 | I 113th CONGRESS 1st Session H. R. 567 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Rokita (for himself, Mr. Lamborn , Mr. Garrett , Mr. Scalise , Mr. Mulvaney , Mr. Huelskamp , Mr. Broun of Georgia , Mr. Westmoreland , Mr. Radel , Mr. Ross , Mr. Poe of Texas , Mr. Holding , Mr. Hensarling , Mr. Duncan of South Carolina , Mr. Cotton , Mr. Culberson , Mr. Huizenga of Michigan , Mrs. Black , Mr. Bucshon , Mr. Bishop of Utah , Mr. Stewart , Mr. Fleming , Mr. Pearce , Mr. Austin Scott of Georgia , Mr. LaMalfa , Mr. Marchant , Mr. Roe of Tennessee , Mr. Palazzo , Mrs. Lummis , Mrs. Blackburn , Mr. Flores , Mr. Gohmert , Mr. Amodei , Mr. McHenry , and Mr. Schweikert ) 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 amend the Social Security Act to replace the Medicaid program and the Children’s Health Insurance program with a block grant to the States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the State Health Flexibility Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Health grants to the States for health care services to indigent individuals. Title XXII—BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO INDIGENT INDIVIDUALS Sec. 2201. Purpose. Sec. 2202. Grants to States. Sec. 2203. Administrative and fiscal accountability. Sec. 2204. Nondiscrimination provisions. Sec. 2205. Emergency assistance. Sec. 2206. Definitions. Sec. 3. Repeal of PPACA, HCERA, and the Federal requirements of Medicaid and CHIP. Sec. 4. Severability. Sec. 5. Effective date. 2. Health grants to the States for health care services to indigent individuals (a) Health care block grant to States The Social Security Act is amended by adding at the end the following new title: XXII BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO INDIGENT INDIVIDUALS 2201. Purpose The purpose of this title is to provide Federal financial assistance to the States, in the form of a single grant, to allow the States maximum flexibility in providing, and financing the provision of, health-care-related items and services to indigent individuals. 2202. Grants to States (a) In general Subject to the requirements of this title, each State is entitled to receive from the Secretary of the Treasury a grant for each quarter of fiscal years 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023, in an amount that is equal to 25 percent of the total amount received by a State under title XIX and title XXI for fiscal year 2012. (b) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023 such sums as are necessary for grants under this section. (c) Requirements relating to intergovernmental financing The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code. (d) Expenditure of funds (1) In general Except as provided in paragraph (2), amounts received by a State under this title for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (2) Use of rainy day fund permitted Of the amounts received by a State under this title, the State may set aside, in a separate account, such amounts as the State deems necessary to provide, without fiscal limitation, health-care-related items and services for indigent individuals during— (A) periods of unexpectedly high rates of unemployment; or (B) periods related to circumstances that are not described in subparagraph (A) and that cause unexpected increases in the need for such items and services for such individuals. (3) Funds remaining after fiscal year 2022 If, after fiscal year 2023, a State has funds in the account under paragraph (2), the State may only expend such funds if such funds are used in a manner that is permitted under subsection (e), as such subsection is in effect on September 30, 2023. (e) Use of funds A State may only use the amounts received under subsection (a) as follows: (1) General purpose For the purpose under section 2201, including the provision of health-care-related items and services as required under section 2205. Nothing in this title shall be construed as limiting the flexibility of a State to determine which providers of such items and services qualify to receive payment from a grant made to the State under this title. (2) Funding for risk adjustment mechanisms To fund qualified high risk pools, reinsurance pools, or other risk-adjustment mechanisms used for the purpose of subsidizing the purchase of private health insurance for the high-risk population. (3) Authority to use portion of Federal assistance for other welfare-related programs (A) In general Subject to the limit under subparagraph (B), to carry out a State program pursuant to any or all of the following provisions of law: (i) Part A of title IV of this Act. (ii) Section 1616 of this Act. (iii) The Food and Nutrition Act of 2008. (B) Limitation A State may not use more than 30 percent of the amount received under subsection (a) for a fiscal year to carry out a State program, or programs, under subparagraph (A). (C) Requirements on funds Any amounts that are used under subparagraph (A)— (i) shall not be subject to any of the requirements of subsection (d), subsection (f), section 2204, or section 2205; and (ii) shall be subject to— (I) the audit requirements under section 2203; and (II) any requirements that apply to Federal funds provided directly for such State program. (f) Maintenance of current law restrictions on use of federal funds (1) In general (A) No funding for abortions None of the funds appropriated in this title shall be expended for any abortion. (B) No funds for coverage of abortion None of the funds appropriated in this title shall be expended for health benefits coverage that includes coverage of abortion. (C) Health benefits coverage defined For purposes of this subsection, the term health benefits coverage means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. (2) Exceptions The limitations established in paragraph (1) shall not apply to an abortion— (A) if the pregnancy is the result of an act of rape or incest; or (B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (3) State funds used in conjunction with Federal funds The limitations established in paragraph (1) shall apply to any State funds used in conjunction with Federal funds appropriated under this title to provide, or finance the provision of, health-care-related items and services to indigent individuals pursuant to section 2201 or subsections (d)(2), (e)(1), or (e)(2) of this section. (4) Option to purchase separate coverage or plan Nothing in this subsection shall be construed as prohibiting a State from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as such coverage or plan is paid for entirely using funds not provided by this title. (5) Option to offer coverage or plan Nothing in this subsection shall restrict any health insurance issuer from offering separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as— (A) premiums for such separate coverage or plan are paid entirely with funds not provided by this title; and (B) administrative costs and all services offered through such separate coverage or plan are paid for using only premiums collected for such coverage or plan. (6) Conscience protections (A) None of the funds appropriated in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (B) In this paragraph, the term health care entity includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. (g) No funding for illegal aliens Except as provided under this section and section 2205, no funds appropriated in this title may be used to provide health-care-related items and services to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. (h) Nonentitlement Nothing in this title shall be construed as providing an individual with an entitlement to health-care-related items and services under this title. 2203. Administrative and fiscal accountability (a) Audits (1) Contract with approved auditing entity Not later than October 1, 2014, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year). (2) Audit requirement Under a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under this title, or from State funds described in section 2202(f)(3), with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with this title. (3) Entity conducting audit (A) In general With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles. (B) Approved auditing entity For purposes of this section, the term approved auditing entity means, with respect to a State, an entity that is— (i) approved by the Secretary of the Treasury; (ii) approved by the chief executive officer of the State; and (iii) independent of any Federal, State, or local agency. (4) Submission of audit Not later than December 31, 2014, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (5) Additional accounting requirements The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section. (b) Reimbursement and penalty (1) In general If, through an audit conducted under subsection (a), an approved auditing entity finds that any amounts paid to a State under a grant under this title were not expended in accordance with this title— (A) the State shall pay to the Treasury of the United States any such amount, plus 10 percent of such amount as a penalty; or (B) the Secretary of the Treasury shall offset such amount plus the 10 percent penalty against any other amount in any other fiscal year that the State may be entitled to receive under a grant under this title. (2) Misuse of State funds If, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of section 2202(f)(3), the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 2202(f)(3) as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this title. (c) Annual reporting requirements (1) In general Not later than January 31, 2015, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under this title for such fiscal year. (2) Content A report under paragraph (1) shall, with respect to a fiscal year— (A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B) specify the amount of the grant made to the State under this title that is used to carry out a program under section 2202(e)(3); and (C) be in such form and contain such other information as the State determines is necessary to provide— (i) an accurate description of the activities conducted by the State for the purpose described under section 2201 and any other use of funds permitted under subsections (d) and (e) of section 2202; and (ii) a complete record of the purposes for which amounts were expended in accordance with this title. (3) Conformity with accounting principals Any financial information in the report under paragraph (1) shall be prepared and reported in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code. (4) Public availability A State shall make copies of the reports required under this section available on a public Web site and shall make copies available in other formats upon request. (d) Failure To comply with requirements The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 2202(a)— (1) if an audit for a State is not submitted as required under subsection (a), during the period between the date such audit is due and the date on which such audit is submitted; (2) if a State fails to submit a report as required under subsection (c), during the period between the date such report is due and the date on which such report is submitted; or (3) if a State violates a requirement of section 2202(f), during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State. (e) Administrative supervision and oversight (1) Limited role for Secretary of Treasury and the Attorney general (A) Treasury The authority of the Secretary of the Treasury under this title is limited to— (i) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d); (ii) making quarterly payments to the States under grants under this title in accordance with section 2202(a); (iii) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a); (iv) withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); and (v) exercising the authority relating to nondiscrimination that is specified in section 2204(b). (B) Attorney general The authority of the Attorney General to supervise the amounts received by a State under this title is limited to the authority under section 2204(c). (2) Federal supervision (A) In general Except as provided under paragraph (1), an administrative officer, employee, department, or agency of the United States (including the Secretary of Health and Human Services) may not— (i) supervise— (I) the amounts received by the States under this title; or (II) the use of such amounts by the States; or (ii) promulgate regulations or issue rules in accordance with this title. (B) Limitation on Secretary of Health and Human Services The Secretary of Health and Human Services shall have no authority over any provision of this title. (f) Reservation of State powers Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under this title. 2204. Nondiscrimination provisions (a) No discrimination against individuals No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under this title on the basis of such individual’s— (1) disability under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (2) sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); or (3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance (1) If the Secretary of the Treasury determines that a State or an entity that has received funds from amounts paid to a State under a grant under this title has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2) If, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Secretary of the Treasury may— (A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or (B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable). (c) Civil actions If a matter is referred to the Attorney General under subsection (b)(2)(A), or the Attorney General has reason to believe that a State or entity has failed to comply with a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. 2205. Emergency assistance (a) In general A State that receives a grant under this title for a fiscal year shall provide payment for health-care-related items and services provided to a citizen, legal resident, or an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, consistent with the requirements of section 1867, if— (1) such health-care-related items and services are— (A) necessary for the treatment of an emergency medical condition; and (B) health-care-related items and services that such State would provide payment for under this title, if provided to an indigent individual; (2) the individual meets all necessary eligibility requirements for health-care-related items and services under the State program funded under this title, except for any requirement related to immigration status; and (3) such items and services are not related to an organ transplant procedure. (b) Emergency medical condition For purposes of this section, the term emergency medical condition means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in— (1) placing the patient’s health in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. 2206. Definitions For purposes of this title: (1) Health-care-related items and services The term health-care-related items and services shall be defined by a State with respect to use of such term for purposes of the application of this title to the State. (2) High-Risk Population The term high-risk population means individuals who are described in one of the following subparagraphs: (A) Individuals who, by reason of the existence or history of a medical condition, are able to acquire health coverage only at rates which are at least 150 percent of the standard risk rates for such coverage. (B) Individuals who are provided health coverage by a qualified high risk pool. (3) Indigent individual The term indigent individual shall be defined by a State with respect to use of such term for purposes of the application of this title to the State. (4) Qualified high risk pool The term qualified high risk pool has the meaning given such term in section 2745(g)(1)(A) of the Public Health Service Act. (5) Risk-Adjustment Mechanism Defined For purposes of this section, the term risk-adjustment mechanism means any risk-spreading mechanism to subsidize the purchase of private health insurance for the high-risk population, including a qualified high risk pool. . (b) Report on reduction of Federal administrative expenditures Beginning not later than October 31, 2014, and annually thereafter until October 31, 2023, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall submit a report to the Committee on Energy and Commerce in the House of Representatives and the Finance Committee in the Senate containing a description of the total reduction in Federal expenditures required to administer and provide oversight for the programs to provide health-care-related items and services to indigent individuals under this Act, compared to the expenditures required to administer and provide oversight for the programs under titles XIX and XXI of the Social Security Act, as in effect on September 30, 2012. (c) State defined Section 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended— (1) in the first sentence, by striking and XXI and inserting XXI, and XXII ; and (2) in the fourth sentence, by striking and XXI and inserting , XXI, and XXII . 3. Repeal of PPACA, HCERA, and the Federal requirements of Medicaid and CHIP (a) PPACA The Patient Protection and Affordable Care Act ( Public Law 111–148 ) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) HCERA Title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted. (c) Medicaid and CHIP Titles XIX and XXI of the Social Security Act are repealed. 4. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. 5. Effective date This Act and the amendments made by this Act shall take effect with respect to items and services furnished on or after October 1, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr567ih/xml/BILLS-113hr567ih.xml |
113-hr-568 | I 113th CONGRESS 1st Session H. R. 568 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Ross (for himself and Mr. Gingrey of Georgia ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to require that the Office of Personnel Management submit an annual report to Congress relating to the use of official time by Federal employees.
1. Reporting requirement (a) In general Section 7131 of title 5, United States Code, is amended by adding at the end the following: (e) (1) Not later than March 31 of each calendar year, the Office of Personnel Management, in consultation with the Office of Management and Budget, shall submit to each House of Congress a report on the operation of this section during the fiscal year last ending before the start of such calendar year. (2) Each report under this subsection shall include, with respect to the fiscal year described in paragraph (1), at least the following information: (A) The total amount of official time granted to employees. (B) The average amount of official time expended per bargaining unit employee. (C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on agency operations. (D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time. (E) The total amount of compensation (including fringe benefits) afforded to employees in connection with activities or purposes for which they were granted official time. (F) The dollar value of any office space, furnishings, equipment, or supplies provided by the Government in connection with activities or purposes for which employees were granted official time. (3) All information included in a report under this subsection— (A) shall be shown both agency-by-agency and for all agencies; and (B) shall be accompanied by the corresponding information for the fiscal year before the fiscal year described in paragraph (1), together with appropriate comparisons and analyses. (4) For purposes of this subsection, the term official time means any period of time, regardless of agency nomenclature— (A) which may be granted to an employee under this chapter (including a collective bargaining agreement entered into under this chapter) to perform representational or consultative functions; and (B) during which the employee would otherwise be in a duty status. . (b) Applicability The amendment made by subsection (a) shall be effective beginning with the report which, under the provisions of such amendment, is first due by a date which occurs at least 6 months after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr568ih/xml/BILLS-113hr568ih.xml |
113-hr-569 | I 113th CONGRESS 1st Session H. R. 569 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Runyan (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To increase, effective as of December 1, 2013, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans’ Compensation Cost-of-Living Adjustment Act of 2013 . 2. Increase in rates of disability compensation and dependency and indemnity compensation (a) Rate adjustment Effective on December 1, 2013, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2013, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To be increased The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase (1) Percentage Except as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2012, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (2) Rounding Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (d) Special rule The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. 3. Publication of adjusted rates The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act ( 42 U.S.C. 415(i)(2)(D) ) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr569ih/xml/BILLS-113hr569ih.xml |
113-hr-570 | I 113th CONGRESS 1st Session H. R. 570 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Runyan (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for annual cost-of-living adjustments to be made automatically by law each year in the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans.
1. Short title This Act may be cited as the American Heroes COLA Act . 2. Automatic annual increase in rates of disability compensation and dependency and indemnity compensation (a) Indexing to social security increases Section 5312 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) as a result of a determination made under section 215(i) of such Act ( 42 U.S.C. 415(i) ), the Secretary shall, effective on the date of such increase in benefit amounts, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in paragraph (2), as such amounts were in effect immediately before the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. (2) The dollar amounts to be increased pursuant to paragraph (1) are the following: (A) Wartime disability compensation Each of the dollar amounts in effect under section 1114 of this title. (B) Additional compensation for dependents Each of the dollar amounts in effect under section 1115(1) of this title. (C) Clothing allowance The dollar amount in effect under section 1162 of this title. (D) Dependency and indemnity compensation to surviving spouse Each of the dollar amounts in effect under subsections (a) through (d) of section 1311 of such title. (E) Dependency and indemnity compensation to children Each of the dollar amounts in effect under sections 1313(a) and 1314 of such title. (3) Whenever there is an increase under paragraph (1) in amounts in effect for the payment of disability compensation and dependency and indemnity compensation, the Secretary shall publish such amounts, as increased pursuant to such paragraph, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act ( 42 U.S.C. 415(i)(2)(D) ) is published by reason of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (4) Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (5) The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under chapter 11 of this title. . (b) Effective date Subsection (d) of section 5312 of title 38, United States Code, as added by subsection (a) of this section, shall take effect on December 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr570ih/xml/BILLS-113hr570ih.xml |
113-hr-571 | I 113th CONGRESS 1st Session H. R. 571 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Ryan of Ohio (for himself and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To suspend United States assistance to Brazil until such time as Brazil amends its laws to remove the prohibition on extradition of nationals of Brazil to other countries.
1. Short title This Act may be cited as the Karl Hoerig Foreign Aid Suspension Act . 2. Suspension of United States assistance to Brazil until Brazil amends its laws to remove the prohibition on extradition of nationals of Brazil to other countries (a) Suspension of assistance Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide assistance to Brazil until the President determines and certifies to Congress that the Government of Brazil has amended its laws to remove the prohibition on extradition of nationals of Brazil to other countries. (b) Waiver The President may waive the application of subsection (a) on a case-by-case basis if the President determines and certifies to Congress that is in the national interests of the United States to do so. (c) Effective date This Act 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 for any fiscal year after fiscal year 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr571ih/xml/BILLS-113hr571ih.xml |
113-hr-572 | I 113th CONGRESS 1st Session H. R. 572 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Ryan of Ohio (for himself and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To suspend the issuance of visas to nationals of Brazil until such time as Brazil amends its laws to remove the prohibition on extradition of nationals of Brazil to other countries.
1. Short title This Act may be cited as the End Immuity for Brazilian Criminals Act . 2. Suspension of visas for Brazilians until Brazil amends its laws to remove the prohibition on extradition of nationals of Brazil to other countries (a) Suspension of visa issuance Notwithstanding any other provision of law, no immigrant or nonimmigrant visa may be issued to a citizen, subject, national, or resident of Brazil until the President of the United States determines and certifies to the Congress that the Government of Brazil has amended its laws to remove the prohibition on extradition of nationals of Brazil to other countries. (b) Waiver The President may waive the application of subsection (a) on a case-by-case basis if the President determines and certifies to the Congress that it is in the national interests of the United States to do so. (c) Effect of unauthorized issuance Any visa issued in violation of this subsection shall be null and void. | https://www.govinfo.gov/content/pkg/BILLS-113hr572ih/xml/BILLS-113hr572ih.xml |
113-hr-573 | I 113th CONGRESS 1st Session H. R. 573 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Sablan (for himself, Mr. Young of Alaska , Ms. Bordallo , Mrs. Napolitano , Mr. Rahall , Mr. Connolly , Mrs. Christensen , Mr. David Scott of Georgia , Ms. Norton , Mr. Moran , Mr. Honda , Mr. Faleomavaega , Mr. Grijalva , Mr. Markey , Mr. Peterson , Ms. Lee of California , Mr. Gutierrez , Mr. Grayson , Mr. Carson of Indiana , Mr. Jones , Mr. Costa , Mr. Pierluisi , Ms. Hanabusa , Mr. George Miller of California , Ms. Chu , Mr. Tonko , Mr. Cartwright , Ms. Gabbard , Mr. Farr , Mr. Holt , Mr. Dingell , Mr. Bishop of Utah , Mr. Al Green of Texas , Mr. Scott of Virginia , and Mr. Castro of Texas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend Public Law 93–435 with respect to the Northern Mariana Islands, providing parity with Guam, the Virgin Islands, and American Samoa.
1. Amendment (a) In general The first section and section 2 of Public Law 93–435 ( 48 U.S.C. 1705 , 1706) are amended by inserting the Commonwealth of the Northern Mariana Islands, after Guam, each place it appears. (b) References to date of enactment For the purposes of the amendment made by subsection (a), each reference in Public Law 93–435 to the date of enactment shall be considered to be a reference to the date of the enactment of this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr573ih/xml/BILLS-113hr573ih.xml |
113-hr-574 | I 113th CONGRESS 1st Session H. R. 574 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Schwartz (for herself, Mr. Heck of Nevada , Mr. Blumenauer , Mrs. Christensen , Mr. Carney , Mr. Courtney , Mr. Polis , Mr. Fattah , and Ms. Castor of Florida ) 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 part B of title XVIII of the Social Security Act to reform Medicare payment for physicians’ services by eliminating the sustainable growth rate system and providing incentives for the adoption of innovative payment and delivery models to improve quality and efficiency.
1. Short title; purpose (a) Short title This Act may be cited as the Medicare Physician Payment Innovation Act of 2013 . (b) Purpose The purpose of this Act is to reform the system of Medicare payment for physicians’ services— (1) by ending the application of the sustainable growth rate (SGR) system; (2) to stabilize payments for 2014; (3) to promote the rapid development and implementation of alternative improved payment and delivery models that incentivize high quality, high-value care; and (4) to provide continuing incentives for adoption of such alternative payment and delivery models by physicians and other providers. 2. Medicare physician payment reform (a) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (d)— (A) in paragraph (1)(A), by inserting or a subsequent paragraph after paragraph (4) ; and (B) in paragraph (4)— (i) in the heading, by striking years beginning with 2001 and inserting 2001, 2002, and 2003 ; and (ii) in subparagraph (A), by striking a year beginning with 2001 and inserting 2001, 2002, and 2003 ; and (2) in subsection (f)— (A) in paragraph (1)(B), by inserting through 2013 after of such succeeding year ; and (B) in paragraph (2), by inserting and ending with 2013 after beginning with 2000 . (b) Stabilizing 2014 payment rates at current level (1) In general Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as amended by section 601 of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ), is amended by adding at the end the following new paragraph: (15) Update for 2014 In lieu of the update to the single conversion factor established in paragraph (1)(C) that would otherwise apply for 2014, the update to the single conversion factor shall be 0 percent for 2014. . (2) Technical amendment Effective for years beginning with 2014, subparagraph (C)(i) of paragraph (7) of section 1848(m) of the Social Security Act (42 U.S.C. 1395w–4(m)(7)(C)(i); relating to additional incentive payment) is amended by inserting , the program of Osteopathic Continuous Certification of the American Osteopathic Association, after Specialties Maintenance of Certification program . (c) Establishment of differential updates beginning with 2015 To promote access to primary care services (1) Establishment of service categories Subsection (j) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended by adding at the end the following new paragraphs: (5) Service categories (A) In general For services furnished on or after January 1, 2015, each of the following categories of services shall be treated as a separate service category : (i) Primary care Primary care services (as defined in subparagraph (B)) furnished by a qualifying practitioner. (ii) Other services Other physicians’ services. (B) Primary care services In this subsection, the term primary care services means services identified, as of April 1, 2013, with the following HCPCS codes (and as subsequently modified by the Secretary): (i) Office and outpatient visits 99201 through 99215. (ii) Hospital observational services 99217 through 99220. (iii) Hospital inpatient visits services 99221 through 99239. (iv) Nursing home, domiciliary, rest home or custodial care visits 99304 through 99340. (v) Home service visits 99341 through 99350. (vi) Welcome to Medicare visit G0402. (vii) Annual wellness visits G0438 and G0439. (C) Inclusion of preventive services Such term also includes preventive services described in section 1861(ddd)(3) and additional preventive services described in section 1861(ddd)(1). (D) Inclusion of additional services Such term also includes services, such as care coordination services, telemedicine services, non-face-to-face care management services, preparation and supervision of long-term care plans, home care plan oversight services, and similar services that the Secretary identifies, by regulation, as being similar to the services described in subparagraph (B) or (C). (6) Qualifying practitioner The term qualifying practitioner means, with respect to the furnishing of primary care services, an individual— (A) for whom primary care services has accounted for at least 60 percent of the allowed charges under this part (not counting any such charges attributable to in-office clinical laboratory services) in a prior period as determined by the Secretary; or (B) who does not have claims under this part during such a prior period and whom the Secretary determines is likely to meet the requirement of subparagraph (A) for the subsequent period. . (2) Establishment of separate conversion factors for each service category Section 1848(d)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(d)(1) ), as amended by subsection (a)(1)(A), is further amended— (A) in subparagraph (A)— (i) by designating the sentence beginning The conversion factor as clause (i) with the heading Application of single conversion factor.— and with appropriate indentation; (ii) by striking The conversion factor and inserting Subject to clause (ii), the conversion factor ; and (iii) by adding at the end the following new clause: (ii) Application of multiple conversion factors beginning with 2015 (I) In general In applying clause (i) for each year beginning with 2015, separate conversion factors shall be established for each service category of physicians’ services (as defined in subsection (j)(5)(A)) and any reference in this section to a conversion factor for such years shall be deemed a reference to the conversion factor for each of such categories. (II) Initial conversion factors Such factors for 2015 shall be based upon the single conversion factor for the previous year multiplied by the update established under paragraph (16) for such category for 2015. (III) Updating of conversion factors Such factor for a service category for a subsequent year shall be based upon the conversion factor for such category for the previous year and adjusted by the update established for such category under paragraph (16) or a subsequent paragraph for the year involved. ; and (B) in subparagraph (D), by striking other physicians’ services and inserting for physicians’ services in the service category described in subsection (j)(5)(A)(ii)) . (3) Establishment of separate updates for conversion factors for each service category Section 1848(d) of the Social Security Act (42 U.S.C. 1395w–4(d)), as amended by subsection (b), is amended by adding at the end the following new paragraph: (16) Updates by service category beginning with 2015; updates for 2015 through 2018 In applying paragraph (4) for each year beginning with 2015, the following rules apply: (A) Application of separate update adjustments for each service category Pursuant to paragraph (1)(A)(ii)(I), for each year beginning with 2014, the update shall be made to the conversion factor for each service category (as defined in subsection (j)(5)(A)). (B) Updates for 2015 through 2018 The updates for 2015, 2016, 2017, and 2018 for the conversion factor for the services category described in— (i) subsection (j)(5)(A)(i) shall be 2.5 percent; and (ii) subsection (j)(5)(A)(ii) shall be 0.5 percent. . (d) Promoting testing and evaluation of new payment and delivery models (Phase I) (1) Expansion of testing in multiple geographic regions Section 1115A(a)(5) of the Social Security Act ( 42 U.S.C. 1315a(a)(5) ) is amended by inserting before the period at the end the following: , but shall (to the maximum extent feasible) including testing of each such model in geographic areas in at least 3 regions . (2) Inclusion of physician implementation costs in evaluations Section 1115A(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1315a(b)(4)(A) ) is amended— (A) by striking and at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ; and ; and (C) by adding at the end the following new clause: (iii) the average cost, per physician, of implementation of the model with respect to physicians’ services. . (3) Accelerating testing and evaluation process Section 1115A(b) of the Social Security Act ( 42 U.S.C. 1315a(b) ) is amended by adding at the end the following new paragraph: (5) Timing The Secretary, acting through the CMI, shall conduct activities under this subsection in such a timely manner so that evaluations of initial models can be initially completed so that physicians and other providers can begin to transition to implementation of such models with respect to services for which payment is made under section 1848 beginning not later than January 1, 2018. . (4) Involvement of provider groups in selection of models Section 1115A(b)(4) of such Act is amended by adding at the end the following subparagraph: (D) Involvement of provider groups in model selection The Secretary shall consult and work closely with physician and other provider groups in the selection of models under this subsection and subsection (c). . (5) Use of other models Section 1115A of such Act is further amended— (A) by adding at the end of subsection (b)(2)(B) the following new clause: (xxi) Providing payment for outpatient therapy services and speech language pathology services on the basis of a treatment session, an episode of care, or other bundled payment methodology that takes into account varying levels of severity and complexity of patient diagnoses, conditions, and comorbidities and the varying intensity of services needed for effective treatment of patients. ; and (B) in subsection (c), in the matter preceding paragraph (1), by— (i) striking or after tested under subsection (b) and inserting a comma; and (ii) by inserting , or other model (including a model that was not tested under subsection (b)) after section 1866C . (6) GAO review and study The Comptroller General of the United States shall conduct a study of the evaluations made under subsection (b) of section 1115A of the Social Security Act, as amended by this section. Such study shall include an analysis of the alternative payment and delivery models identified under such section for payment for physicians’ services (and other services) under the Medicare program. Not later than April 1, 2017, the Comptroller General shall submit a report to Congress on such study and shall include in the report such recommendations as the Comptroller General deems appropriate for— (A) changes in the development and implementation process under such section; and (B) alternative payment and delivery models identified under such section as being appropriate for expansion under subsection (c) of such section. (7) Publication of list of successful models Beginning on October 1, 2017, and each year thereafter, the Secretary of Health and Human Services shall publicly release a comprehensive list of such health care delivery and payment models identified, under section 1115A of the Social Security Act or otherwise, as meeting (or likely to meet) the requirements of subsection (c)(1) of such section. Such list shall include at least 4 health care delivery and payment models and may include models not tested under subsection (b) of such section. (8) Considerations The Comptroller General in making recommendations under paragraph (6) and the Secretary in releasing the list of models under paragraph (7) shall take into account variations among providers in size, specialty mix, case mix, and patient demographics, as well as regional health care infrastructure variations and variations in cost of living among areas, and shall specifically consider appropriate variations that take into account the special circumstances of providers in rural and other underserved areas. (e) Implementation of payment and delivery model options (Phase II) (1) In general Based on the report of the Comptroller General under subsection (d)(4) and not later than October 1, 2017, the Secretary of Health and Human Services shall provide information to physicians (and nurse practitioners and other providers for which payment is determined based on the fee schedule under section 1848 of the Social Security Act) or group practices and institutions employing Medicare part B providers on how best to transition to alternative health care delivery and payment models that are aimed at improving the coordination, quality and efficiency of health care, including those developed under section 1115A or 1866E of the Social Security Act (42 U.S.C. 1315a, 1395cc–5). (2) Increasing flexibility in implementation Section 1115A(c) of the Social Security Act ( 42 U.S.C. 1315a(c) ), as amended by subsection (c)(5), is further amended, in the matter preceding paragraph (1), by inserting, after through rulemaking , the following: (which may include the issuance of interim final rules) or through publication of a directive or other guidance . (3) Timing Section 1115A of such Act is further amended by adding at the end the following: The Secretary shall seek to effect such expansion to the maximum extent feasible so that physicians (and other providers paid in amounts determined based on the fee schedule under section 1848) may begin to transition to implementation of such models beginning not later than January 1, 2018. . (f) Transition during 2019 (1) Freeze in fee schedule for 2019 Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as amended by subsections (b) and (c)(3), is amended by adding at the end the following new paragraph: (17) Update for 2019 The update to both of the conversion factors for 2019 shall be 0 percent. . (2) Expanded assistance through regional extension centers and other qualified entities Section 1115A(d) of the Social Security Act (42 U.S.C. 1315a(d)) is amended by adding at the end the following new paragraph: (4) Assistance in implementation (A) In general Using funds available under subsection (f)(1) and consistent with this paragraph, the Secretary shall enter into contracts and agreements with regional extension centers, in coordination with the National Coordinator for Health Information Technology, and other appropriate entities to provide guidance and assistance on how physicians (and other providers paid in amounts determined based on the fee schedule under section 1848) may transition to implementation of alternative health care delivery models identified as representing best practices under this section. (B) Dedicated funding (i) In general Of the amounts available under subsection (f)(1)(B), the Secretary shall make $720,000,000 available to the Office of the National Coordinator for Health Information Technology for the awarding of grants and incentive payments under a competitive process to regional extension centers (receiving funding under section 3012(c) of the Public Health Service Act) and other qualified entities for activities described in subparagraph (A). Such grants and payments shall not be available for assistance after December 31, 2019. (ii) Process Under clause (i), the Office shall— (I) establish a competitive selection process for the selection of regional extension centers (and other qualified entities) in the third quarter of 2015; and (II) provide for the initial distribution of funds to such centers and entities by January 1, 2016. (iii) Collaboration The Center shall collaborate with the Office in providing direction to such centers and entities in conducting activities under this paragraph, including the development of performance benchmarks based on provider participation and progress toward integration. (iv) Priority The grants and incentive payments under this subparagraph shall be directed to target assistance to solo and small specialty practices as well as community health centers and similar providers of primary care services. . (g) Continuing incentives for providing high-Quality, high-Value care (1) Fee schedule adjustments Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as amended by subsections (b), (c)(3), and (f), is amended by adding at the end the following: (18) Updates for 2020 through 2023 (A) In general Except as provided in this paragraph, the update to each of the conversion factors— (i) for 2020 shall be minus 2 percent; (ii) for 2021 shall be minus 3 percent; (iii) for 2022 shall be minus 4 percent; and (iv) for 2023 shall be minus 5 percent. (B) Treatment of services paid using alternative payment and delivery models In the case of physicians’ services for which payment is covered under an alternative payment and delivery model, such as those implemented under section 1115A, subparagraph (A) does not apply. (C) General exemption The Secretary shall, by regulation, exempt a provider from the application of the negative payment update specified in subparagraph (A) for a year if the Secretary determines that— (i) the provider— (I) is a meaningful EHR user (as determined under subsection (o)(2) with respect to the year); and (II) meets the qualifications under subparagraph (B) of subsection (m)(7) (relating to additional incentive payments) for an additional incentive payment under subparagraph (A) of such subsection (which includes satisfactory participation in the quality reporting system and participation in an approved Maintenance of Certification program); (ii) the payment modifier for the provider under subsection (p), which is based upon the performance of the provider on measures of quality of care furnished compared to cost and which is expressed as a percentage of payment, is within the top 25 percent of such payment modifiers for providers within the same fee schedule area, as determined by the Secretary; or (iii) in the case of outpatient therapy services, the provider of such services adheres to a comprehensive list of cost, quality, and outcome measures as demonstrated by— (I) participation in a certified registry; (II) if applicable, participation in the physician quality reporting system under subsection (k); (III) use of an approved patient assessment tool; (IV) current certification as a physical therapist clinical specialist by the American Physical Therapy Association (APTA), an occupational therapist by the American Occupational Therapy Association, or as an audiologist or a speech-language pathologist by the American Speech-Language-Hearing Association; or (V) compliance with comparable functional measures reporting requirements as recognized by the Secretary. (D) Case-by-case hardship exemption The Secretary may, on a case-by-case basis, exempt a provider from the application of the negative payment update specified in subparagraph (A) for a year if the Secretary determines, subject to annual renewal, that because of limitations in the nature of a medical practice, limitations in the number of Medicare beneficiaries that may be served by the provider, or other special circumstances, imposing a financial disincentive under such subparagraph for failure to adopt an alternative payment and delivery model referred to in subparagraph (B) would result in a significant hardship to the provider. (19) Updates beginning with 2024 (A) In general The update to both of the conversion factors for each year beginning with 2024 shall be 0 percent. (B) Treatment of services paid using alternative payment and delivery models In the case of physicians’ services for which payment is covered under an alternative payment and delivery model, such as those implemented under section 1115A, subparagraph (A) does not apply. . (2) Considerations in promulgating growth rates for alternative payment and delivery models (A) In general In determining the growth rates to be recognized beginning with 2020 for alternative payment and delivery models under the Medicare program that cover physicians’ services, such as those implemented under section 1115A of the Social Security Act, the Secretary of Health and Human Services shall consider (among other factors) the following: (i) Ensuring access to primary care and specialty services, including participation of primary care practitioners and specialists and newly graduating practitioners. (ii) Restraining spending growth. (iii) Ensuring access to services for vulnerable populations. (B) Limitations In no case shall the growth factor determined under this paragraph for a year— (i) be less than 1 percent; or (ii) be greater than the percentage increase in the MEI (as defined in section 1842(i)(3) of the Social Security Act, 42 U.S.C. 1395u(i)(3)) for such year. (C) Application of Congressional Review Act Chapter 8 of title 5, United States Code, applies with respect to the promulgation of a growth factor under this paragraph for a year. (h) Impact report Not later than January 1, 2023, the Secretary of Health and Human Services shall submit to Congress a report on the impact on spending and on access to services under title XVIII of the Social Security Act, including under part A of such title, resulting from changes to Medicare delivery and payment systems, including under the amendments made by this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr574ih/xml/BILLS-113hr574ih.xml |
113-hr-575 | I 113th CONGRESS 1st Session H. R. 575 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To express the sense of the Congress that the United States should not adopt any treaty that poses a threat to national sovereignty or abridges any rights guaranteed by the United States Constitution, such as the right to keep and bear arms, and to withhold funding from the United Nations unless the President certifies that the United Nations has not taken action to restrict, attempt to restrict, or otherwise adversely infringe upon the rights of individuals in the United States to keep and bear arms, or abridge any of the other constitutionally protected rights of citizens of the United States.
1. Short title This Act may be cited as the Second Amendment Protection Act of 2013 . 2. Sense of the Congress (a) Findings The Congress finds that— (1) it is the constitutional power of Congress to determine United States foreign policy through the ratification of international treaties and adoption of laws; (2) by prematurely signing treaties and executive agreements, Presidents of the United States have opened the door for international organizations to unilaterally regulate the lives of citizens of the United States; (3) these international agreements, laws, and regulations are being applied domestically in the United States through the Supremacy Clause, which states, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding ; (4) the Supremacy Clause is useful to supersede conflicting Federal and State laws; (5) international and transnational organizations force their rules on people of the United States through conventions, multilateral agreements, and nonratified treaties, such as agreements that affect the private ownership of firearms by law-abiding citizens; and (6) United States sovereignty is risked by domestic legal applicability of international treaties and executive agreements that have not been voted on and congressionally adopted through formal processes which pose a threat to national sovereignty and the liberty of the people of the United States, including fundamental rights guaranteed under the United States Constitution, such as the right to keep and bear arms. (b) Sense of the Congress That it is the sense of the Congress that the United States should not adopt any treaty that poses a threat to national sovereignty or abridges the rights guaranteed by the United States Constitution, such as the right to keep and bear arms, and should cease the provision of financial support to any entity that does so. 3. Conditional prohibition on United Nations funding (a) In general Notwithstanding any other provision of law, the United States may not provide any funding to the United Nations for a fiscal year unless, before the last day of the preceding fiscal year, the President makes the certification described in subsection (b). (b) Certification The certification described in this subsection is a certification submitted to the Congress by the President, that states that the United Nations has not taken action to restrict, attempt to restrict, or otherwise adversely infringe on the rights of individuals in the United States to possess a firearm or ammunition, including by imposing burdens on international commerce, or abridge any of the other constitutionally protected rights of citizens of the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr575ih/xml/BILLS-113hr575ih.xml |
113-hr-576 | I 113th CONGRESS 1st Session H. R. 576 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Natural Resources A BILL To save endangered species.
1. Short title This Act may be cited as the Save Endangered Species Act of 2013 . 2. Findings and purpose (a) Congress finds: (1) Captive breeding programs are an essential part of re-establishing endangered species populations. (2) While the scimitar-horned oryx is extinct, and the addax and the dama gazelle are endangered, in their native Africa, thanks to the hunting industry their populations are flourishing and thriving in Texas. (3) U.S. populations of the scimitar-horned oryx, addax and the dama gazelle are not taken from the wild, but are bred from animals imported in the 1970s. (4) A biologist and executive director of the Fossil Rim Wildlife Center in Glen Rose, tells The Houston Chronicle, In this instance, Texas ranchers have done an astonishing job of rebuilding three species of African antelope, one of which is extinct in the wild. When it comes to saving a species, government on its own cannot save those species. The private sector has to get involved. (5) The U.S. Fish and Wildlife Service wisely granted an exemption from certain provisions of the Endangered Species Act relating to the taking of animals endangered overseas, but flourishing in the United States. (6) An anti-hunting activist group opposed to hunting filed suit against the Interior Department seeking to outlaw the hunting of the scimitar-horned oryx, addax and the dama gazelle, and in 2012 the Interior Department complied, declaring their large and flourishing Texas populations were endangered under the Endangered Species Act. (7) Banning the hunting of an unendangered species in Texas does absolutely nothing to protect overseas endangered populations in Africa. (8) Banning the hunting of an unendangered species in the United States actually places overseas endangered populations in danger of extinction by removing any incentive to breed and maintain them. (9) Restoring the domestic hunting of these species is essential to maintaining healthy captive breeding programs if we are to restore or save them in their native Africa. 3. Restore the previous rule (a) Before the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on September 2, 2005 (70 Fed. Reg. 52310 et seq.), without regard to any other provision of statute or regulation that applies to issuance of such rule. (b) Such reissuance (including this section) shall not be subject to judicial review. | https://www.govinfo.gov/content/pkg/BILLS-113hr576ih/xml/BILLS-113hr576ih.xml |
113-hr-577 | I 113th CONGRESS 1st Session H. R. 577 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.
1. Short title This Act may be cited as the Veterans Second Amendment Protection Act . 2. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a) In general Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others. . (b) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . | https://www.govinfo.gov/content/pkg/BILLS-113hr577ih/xml/BILLS-113hr577ih.xml |
113-hr-578 | I 113th CONGRESS 1st Session H. R. 578 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Stutzman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To allow reciprocity for the carrying of certain concealed firearms.
1. Short title This Act may be cited as the Respecting States' Rights and Concealed Carry Reciprocity Act of 2013 . 2. Reciprocity for the carrying of certain concealed firearms (a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms (a) In general Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary— (1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and (2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. (b) Conditions and limitations The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. (c) Unrestricted license or permit In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (d) Rule of construction Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms. . (b) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms. . (c) Severability Notwithstanding any other provision of this Act, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective date The amendments made by this section shall take effect 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr578ih/xml/BILLS-113hr578ih.xml |
113-hr-579 | I 113th CONGRESS 1st Session H. R. 579 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Thompson of Mississippi introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 501 East Court Street in Jackson, Mississippi, as the R. Jess Brown United States Courthouse .
1. Designation The United States courthouse located at 501 East Court Street in Jackson, Mississippi, shall be known and designated as the R. Jess Brown United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the R. Jess Brown United States Courthouse . | https://www.govinfo.gov/content/pkg/BILLS-113hr579ih/xml/BILLS-113hr579ih.xml |
113-hr-580 | I 113th CONGRESS 1st Session H. R. 580 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Turner (for himself, Mr. Shimkus , Mr. Sam Johnson of Texas , Mr. Westmoreland , Mr. McClintock , Mr. Pompeo , Mr. Johnson of Ohio , Mr. Lankford , Mr. Latta , Mr. Barletta , Mrs. Lummis , Mr. Renacci , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To enhance the energy security of United States allies, and for other purposes.
1. Short title This Act may be cited as the Expedited LNG for American Allies Act of 2013 . 2. Expedited approval of exportation of natural gas to United States allies Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by inserting (1) before For purposes ; (2) by striking nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas and inserting foreign country described in paragraph (2) ; and (3) by adding at the end the following: (2) A foreign country described in this paragraph is— (A) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas; (B) a member country of the North Atlantic Treaty Organization; (C) subject to paragraph (3), Japan; and (D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. (3) The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect. . 3. Effective date The amendments made by section 2 shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) that are pending on, or filed on or after, the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr580ih/xml/BILLS-113hr580ih.xml |
113-hr-581 | I 113th CONGRESS 1st Session H. R. 581 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Turner (for himself, Mr. Jones , Mr. Grimm , and Mr. Calvert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exempt certain emergency medical devices from the excise tax on medical devices, and for other purposes.
1. Short title This Act may be cited as the First Responder Medical Device Tax Relief Act . 2. Repealing first responders emergency medical equipment tax (a) In general Paragraph (2) of section 4191(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (C) the following new subparagraph: (D) qualified emergency medical devices, and . (b) Qualified emergency medical device Subsection (b) of section 4191 of such Code is amended by adding at the end the following new paragraph: (3) Qualified emergency medical device The term qualified emergency medical device means any medical device of a type furnished by first responders or ambulance services in providing out-of-hospital or pre-hospital care, or transport to a medical care facility, for individuals— (A) with illnesses, injuries, or other medical emergencies, or (B) in need of medical transport, extrication, or evacuation. . (c) Certain exemptions made applicable (1) The last sentence of subsection (a) of section 4221 of such Code is amended by striking (4), . (2) The last sentence of paragraph (2) of section 6416(b) of such Code is amended by striking (C), . (d) Effective date The amendments made by this section shall apply to sales after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr581ih/xml/BILLS-113hr581ih.xml |
113-hr-582 | I 113th CONGRESS 1st Session H. R. 582 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Turner (for himself, Mr. Coffman , Mr. Palazzo , Mr. DesJarlais , Mr. Simpson , Mrs. Blackburn , Mr. Lance , Mr. Franks of Arizona , Mr. Mica , Mr. Westmoreland , Mr. Terry , Mr. Long , Mr. Wittman , Mr. Gingrey of Georgia , Mr. Johnson of Ohio , Mr. Jones , Mr. Cassidy , Mr. Pearce , Mr. Sessions , Mr. Harper , Mr. Coble , Mr. Heck of Nevada , Mr. Stivers , Mr. Labrador , Mr. Barton , Mrs. Walorski , Mr. Chabot , Mr. Conaway , Mr. Kinzinger of Illinois , Mr. Broun of Georgia , Mr. Culberson , Mr. Nunnelee , Mr. Lankford , Mr. Goodlatte , Mrs. Miller of Michigan , Mr. Southerland , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the individual and employer health insurance mandates.
1. Short title This Act may be cited as the Healthcare Tax Relief and Mandate Repeal Act . 2. Repeal of individual health insurance mandate Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination This section shall not apply with respect to any month beginning after the date of the enactment of this subsection. . 3. Repeal of employer health insurance mandate (a) In general Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b) Repeal of related reporting requirements Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c) Conforming amendments (1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting or at the end of clause (xxiii), by striking and at the end of clause (xxiv) and inserting or , and by striking clause (xxv). (2) Paragraph (2) of section 6724(d) of such Code is amended by inserting or at the end of subparagraph (FF), by striking , or at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH). (3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2) Repeal of study and report The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr582ih/xml/BILLS-113hr582ih.xml |
113-hr-583 | I 113th CONGRESS 1st Session H. R. 583 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Vela (for himself, Mr. Thompson of Mississippi , Mr. Cuellar , Mr. Hinojosa , Mr. Gene Green of Texas , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Grijalva , Mr. Doggett , Ms. Roybal-Allard , Mr. Gallego , Mr. Michaud , Mr. O’Rourke , Mr. Pastor of Arizona , and Mr. Vargas ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Ways and Means , Agriculture , and 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 enhance the safety of ports of entry in the United States, and for other purposes.
1. Short title This Act may be cited as the Putting Our Resources Toward Security (PORTS) Act . 2. Increase in number of Customs and Border Protection Officers (a) Customs and Border Protection Officers During the five-year period between fiscal years 2014 and 2018, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than 5,000 the total number of full-time, active-duty Customs and Border Protection Officers within United States Customs and Border Protection for posting at United States ports of entry above the number of such officers for which funds were made available during fiscal year 2012. (b) Agriculture specialists During the five-year period between fiscal years 2014 and 2018, the Secretary of Homeland Security shall, subject to the availability of appropriations for purpose, increase by not fewer than 1,200 the number of full-time, active-duty Customs and Border Protection agriculture specialists for posting at United States ports of entry above the number of such support personnel for which funds were made available during fiscal year 2012. (c) Border security support personnel During the five-year period between fiscal years 2014 and 2018, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than 350 the number of full-time, active-duty border security support personnel for posting at United States ports of entry above the number of such support personnel for which funds were made available during fiscal year 2012. 3. Improving ports of entry for border security and other purposes (a) In general There are authorized to be appropriated to the Administrator of the General Services Administration $1,000,000,000 for each of fiscal years 2014 through 2018 to make improvements to existing ports of entry in the United States to improve border security and for other purposes. (b) Priority In making improvements described in subsection (a), the Administrator of the General Services Administration, in coordination with the Secretary of Homeland Security, shall give priority to the ports of entry that the Administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section 603 of title VI, division E, of the Consolidated Appropriations Act of 2008 ( Public Law 110–161 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr583ih/xml/BILLS-113hr583ih.xml |
113-hr-584 | I 113th CONGRESS 1st Session H. R. 584 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Young of Alaska (for himself, Mr. Jones , Mr. DeFazio , Mr. Thompson of California , and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to require labeling of genetically engineered fish.
1. Amendment to the Federal Food, Drug, and Cosmetic Act regarding genetically engineered salmon Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is further amended by adding at the end the following: (z) If it contains genetically engineered fish unless the food bears a label stating that the food contains genetically engineered fish. . | https://www.govinfo.gov/content/pkg/BILLS-113hr584ih/xml/BILLS-113hr584ih.xml |
113-hr-585 | I 113th CONGRESS 1st Session H. R. 585 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the unencumbering of title to non-Federal land owned by the city of Anchorage, Alaska, for purposes of economic development by conveyance of the Federal reversion interest to the City.
1. Short title This Act may be cited as the Anchorage Land Conveyance Act of 2013 . 2. Definitions In this Act: (1) City The term City means the city of Anchorage, Alaska. (2) Non-federal land The term non-Federal land means certain parcels of land located in the City and owned by the City, which are more particularly described as follows: (A) Block 42, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 1.93 acres, commonly known as the Egan Center, Petrovich Park, and Old City Hall. (B) Lots 9, 10, and 11, Block 66, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 0.48 acres, commonly known as the parking lot at 7th Avenue and I Street. (C) Lot 13, Block 15, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 0.24 acres, an unimproved vacant lot located at H Street and Christensen Drive. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Conveyance of reversionary interests, Anchorage, Alaska (a) In general Notwithstanding any other provision of law, the Secretary shall convey to the City, without consideration, the reversionary interests of the United States in and to the non-Federal land for the purpose of unencumbering the title to the non-Federal land to enable economic development of the non-Federal land. (b) Legal descriptions As soon as practicable after the date of enactment of this Act, the exact legal descriptions of the non-Federal land shall be determined in a manner satisfactory to the Secretary. (c) Additional terms and conditions The Secretary may require such additional terms and conditions to the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (d) Costs The City shall pay all costs associated with the conveyance under subsection (a), including the costs of any surveys, recording costs, and other reasonable costs. | https://www.govinfo.gov/content/pkg/BILLS-113hr585ih/xml/BILLS-113hr585ih.xml |
113-hr-586 | I 113th CONGRESS 1st Session H. R. 586 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for certain improvements to the Denali National Park and Preserve in the State of Alaska, and for other purposes.
1. Short title This Act may be cited as the Denali National Park Improvement Act . 2. Kantishna Hills microhydro project; land exchange (a) Definitions In this section: (1) Appurtenance The term appurtenance includes— (A) transmission lines; (B) distribution lines; (C) signs; (D) buried communication lines; (E) necessary access routes for microhydro project construction, operation, and maintenance; and (F) electric cables. (2) Kantishna Hills area The term Kantishna Hills area means the area of the Park located within 2 miles of Moose Creek, as depicted on the map. (3) Map The term map means the map entitled Kantishna Hills Micro-Hydro Area , numbered 184/80,276, and dated August 27, 2010. (4) Microhydro project (A) In general The term microhydro project means a hydroelectric power generating facility with a maximum power generation capability of 100 kilowatts. (B) Inclusions The term microhydro project includes— (i) intake pipelines, including the intake pipeline located on Eureka Creek, approximately ½ mile upstream from the Park Road, as depicted on the map; (ii) each system appurtenance of the microhydro projects; and (iii) any distribution or transmission lines required to serve the Kantishna Hills area. (5) Park The term Park means the Denali National Park and Preserve. (6) Secretary The term Secretary means the Secretary of the Interior. (b) Permits for microhydro projects (1) In general The Secretary may issue permits for microhydro projects in the Kantishna Hills area. (2) Terms and conditions Each permit under paragraph (1) shall be— (A) issued in accordance with such terms and conditions as are generally applicable to rights-of-way within units of the National Park System; and (B) subject to such other terms and conditions as the Secretary determines to be necessary. (3) Completion of environmental analysis Not later than 180 days after the date on which an applicant submits an application for the issuance of a permit under this subsection, the Secretary shall complete any analysis required by the National Environment Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) of any proposed or existing microhydro projects located in the Kantishna Hills area. (c) Land exchange (1) In general For the purpose of consolidating ownership of Park and Doyon Tourism, Inc. lands, including those lands affected solely by the Doyon Tourism microhydro project, and subject to paragraph (4), the Secretary may exchange Park land near or adjacent to land owned by Doyon Tourism, Inc., located at the mouth of Eureka Creek in sec. 13, T.16 S., R. 18 W., Fairbanks Meridian, for approximately 18 acres of land owned by Doyon Tourism, Inc., within the Galena patented mining claim. (2) Map availability The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) Timing The Secretary shall seek to complete the exchange under this subsection by not later than February 1, 2015. (4) Applicable laws; terms and conditions The exchange under this subsection shall be subject to— (A) the laws (including regulations) and policies applicable to exchanges of land administered by the National Park Service, including the laws and policies concerning land appraisals, equalization of values, and environmental compliance; and (B) such terms and conditions as the Secretary determines to be necessary. (5) Equalization of values If the tracts proposed for exchange under this subsection are determined not to be equal in value, an equalization of values may be achieved by adjusting the quantity of acres described in paragraph (1). (6) Administration The land acquired by the Secretary pursuant to the exchange under this subsection shall be administered as part of the Park. 3. Denali National Park and Preserve natural gas pipeline (a) Definitions In this section: (1) Appurtenance (A) In general The term appurtenance includes cathodic protection or test stations, valves, signage, and buried communication and electric cables relating to the operation of high-pressure natural gas transmission. (B) Exclusions The term appurtenance does not include compressor stations. (2) Park The term Park means the Denali National Park and Preserve in the State of Alaska. (3) Secretary The term Secretary means the Secretary of the Interior. (b) Permit The Secretary may issue right-of-way permits for— (1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of Denali National Park within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the Park; and (2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park. (c) Terms and conditions A permit authorized under subsection (b)— (1) may be issued only— (A) if the permit is consistent with the laws (including regulations) generally applicable to utility rights-of-way within units of the National Park System; (B) in accordance with section 1106(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3166(a)); and (C) if, following an appropriate analysis prepared in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the route of the right-of-way is the route through the Park with the least adverse environmental effects for the Park; and (2) shall be subject to such terms and conditions as the Secretary determines to be necessary. 4. Designation of the Walter Harper Talkeetna Ranger Station (a) Designation The Talkeetna Ranger Station located on B Street in Talkeetna, Alaska, approximately 100 miles south of the entrance to Denali National Park, shall be known and designated as the Walter Harper Talkeetna Ranger Station . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Talkeetna Ranger Station referred to in subsection (a) shall be deemed to be a reference to the Walter Harper Talkeetna Ranger Station . | https://www.govinfo.gov/content/pkg/BILLS-113hr586ih/xml/BILLS-113hr586ih.xml |
113-hr-587 | I 113th CONGRESS 1st Session H. R. 587 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the establishment of the Niblack and Bokan Mountain mining area road corridors in the State of Alaska, and for other purposes.
1. Short title This Act may be cited as the Niblack and Bokan Mountain Mining Area Roads Authorization Act . 2. Niblack and Bokan Mountain mining area road corridors (a) Establishment Notwithstanding any prohibition against road construction in inventoried roadless areas under the Roadless Area Conservation Rule established under part 294 of title 36, Code of Federal Regulations (and successor regulations), not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, for purposes of connecting the Prince of Wales Island road system in the State of Alaska to the area of the Niblack and Bokan Mountain patented mineral claims on the southeast side of Prince of Wales Island, establish— (1) a road corridor that follows 1 of the 2 routes identified as Niblack Route 1 or Niblack Route 2 on the map entitled Road to Niblack Mine and Bokan Mountain Route Extension , numbered 1, and dated June 21, 2012; and (2) a road corridor to the Bokan Mountain mine that branches off the Niblack Mine road corridor established under paragraph (1). (b) Requirements A road corridor established under subsection (a) shall— (1) minimize the economic costs of the road corridor by using, to the maximum extent practicable, the road network in existence on the date of the establishment; (2) minimize effects of the road corridor on surface resources; (3) prevent unnecessary or unreasonable surface disturbance; and (4) comply with all applicable laws (including regulations). (c) Cooperating agencies The State of Alaska and the Prince of Wales Community Advisory Council may participate as cooperating agencies during the preparation of any environmental impact statement prepared with respect to a road corridor under subsection (a). (d) Federal permits It is the intent of Congress that any Federal permit required for construction of a road corridor established under subsection (a) be issued or denied by the date that is not later than 1 year after the date of application for the permit. | https://www.govinfo.gov/content/pkg/BILLS-113hr587ih/xml/BILLS-113hr587ih.xml |
113-hr-588 | I 113th CONGRESS 1st Session H. R. 588 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Young of Alaska (for himself, Mr. Grijalva , Ms. Hanabusa , Mr. Cleaver , Mr. Hanna , Mr. Guthrie , Ms. Bordallo , Mr. Roe of Tennessee , Mr. DeFazio , Mr. Wolf , Mr. Van Hollen , Ms. Shea-Porter , Mr. Pearce , Ms. Ros-Lehtinen , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for donor contribution acknowledgments to be displayed at the Vietnam Veterans Memorial Visitor Center, and for other purposes.
1. Short title This Act may be cited as the Vietnam Veterans Donor Acknowledgment Act of 2013 . 2. Donor contribution acknowledgments at the Vietnam Veterans Memorial Visitor Center Section 6(b) of Public Law 96–297 ( 16 U.S.C. 431 note) is amended— (1) in paragraph (4) by striking the and after the semicolon; (2) in paragraph (5) by striking the period and inserting ; and ; and (3) by inserting at the end the following new paragraph: (6) notwithstanding section 8905(b)(7) of title 40, United States Code— (A) the Secretary of the Interior shall allow the Vietnam Veterans Memorial Fund, Inc. to acknowledge donor contributions to the visitor center by displaying, inside the visitor center, an appropriate statement or credit acknowledging the contribution; (B) donor contribution acknowledgments shall be displayed in a form approved by the Secretary of the Interior and for a period of time commensurate with the level of the contribution and the life of the facility; (C) the Vietnam Veterans Memorial Fund shall bear all expenses related to the display of donor acknowledgments; (D) prior to the display of donor acknowledgments, the Vietnam Veterans Memorial Fund, Inc. shall submit to the Secretary for approval, its plan for displaying donor acknowledgments; (E) such plan shall include the sample text and types of the acknowledgments or credits to be displayed and the form and location of all displays; (F) the Secretary shall approve the plan, if the Secretary determines that the plan— (i) allows only short, discrete, and unobtrusive acknowledgments or credits; (ii) does not permit any advertising slogans or company logos; and (iii) conforms to applicable National Park Service guidelines for indoor donor recognition; and (G) if the Secretary of the Interior determines that the proposed plan submitted under this paragraph, does not meet the requirements of this paragraph, the Secretary shall— (i) advise the Vietnam Veterans Memorial Fund, Inc. not later than 30 days after receipt of the proposed plan of the reasons that such plan does not meet the requirements; and (ii) allow the Vietnam Veterans Memorial Fund, Inc. to submit a revised donor recognition plan. . | https://www.govinfo.gov/content/pkg/BILLS-113hr588ih/xml/BILLS-113hr588ih.xml |
113-hr-589 | I 113th CONGRESS 1st Session H. R. 589 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Young of Florida (for himself and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Organ Transplant Act to prevent the sale of bone marrow and umbilical cord blood, and for other purposes.
1. Amendment to the National Organ Transplant Act to prevent the sale of bone marrow and umbilical cord blood Paragraph 1 of section 301(c) of the National Organ Transplant Act ( 42 U.S.C. 274e(c) ) is amended— (1) by inserting (as defined in section 379A–1 of the Public Health Service Act ( 42 U.S.C. 274l–1 )) after bone marrow ; and (2) by inserting , a cord blood unit (as defined in section 2(g) of the Stem Cell Therapeutic and Research Act of 2005 ( 42 U.S.C. 274k note)), after skin or any subpart therof . | https://www.govinfo.gov/content/pkg/BILLS-113hr589ih/xml/BILLS-113hr589ih.xml |
113-hr-590 | V 113th CONGRESS 1st Session H. R. 590 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Pastor of Arizona introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Nery Antonio Velasquez-Roblero.
1. Permanent resident status for Nery Antonio Velasquez-Roblero (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Nery Antonio Velasquez-Roblero 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 Nery Antonio Velasquez-Roblero enters the United States before the filing deadline specified in subsection (c), he 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 Nery Antonio Velasquez-Roblero, 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 Nery Antonio Velasquez-Roblero shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act . | https://www.govinfo.gov/content/pkg/BILLS-113hr590ih/xml/BILLS-113hr590ih.xml |
113-hr-591 | V 113th CONGRESS 1st Session H. R. 591 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Pastor of Arizona introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Edi Orlando Garcia Armas.
1. Permanent resident status for Edi Orlando Garcia Armas (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Edi Orlando Garcia Armas 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 Edi Orlando Garcia Armas enters the United States before the filing deadline specified in subsection (c), he 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 Edi Orlando Garcia Armas, 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 Edi Orlando Garcia Armas shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act . | https://www.govinfo.gov/content/pkg/BILLS-113hr591ih/xml/BILLS-113hr591ih.xml |
113-hr-592 | I 113th CONGRESS 1st Session H. R. 592 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Smith of New Jersey (for himself, Ms. Meng , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify that houses of worship are eligible for certain disaster relief and emergency assistance on terms equal to other eligible private nonprofit facilities, and for other purposes.
1. Short title This Act may be cited as the Federal Disaster Assistance Nonprofit Fairness Act of 2013 . 2. Findings Congress finds the following: (1) Hurricane Sandy inflicted catastrophic damage in the Northeastern United States. (2) Houses of worship across the Northeast’s many faiths and denominations were among the private nonprofit facilities that sustained damage. (3) Churches, synagogues, mosques, temples, and other houses of worship throughout communities in New York, New Jersey, Connecticut, and elsewhere play an essential role in the daily lives of the communities. (4) The Federal Emergency Management Agency’s (FEMA) public assistance program provides financial grants for the repair of various types of private nonprofit facilities. (5) Among the types of nonprofits to which FEMA provides such grants are those in which citizens gather and engage in a variety of educational, enrichment, and social activities. These activities are essential to community building and occur in houses of worship. (6) Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), FEMA’s disaster relief program is a general government program under which assistance is provided in the wake of a natural disaster using criteria that are neutral with regard to religion. (7) Congress has previously enacted legislation providing financial assistance to religious nonprofit institutions, including houses of worship, on terms equal to other eligible nonprofit institutions. (8) Such legislation is consistent with recent precedents of the Supreme Court of the United States and legal opinions issued by the Office of Legal Counsel of the Department of Justice. 3. Inclusion of houses of worship as private nonprofit facilities eligible for disaster relief (a) Definition of private nonprofit facility Section 102(10)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(10)(B) ) is amended to read as follows: (B) Additional facilities In addition to the facilities described in subparagraph (A), the term private nonprofit facility includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, community centers, including houses of worship exempt from taxation under section 501(c) of the Internal Revenue Code of 1986, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, and facilities that provide health and safety services of a governmental nature), as defined by the President. . (b) Repair, restoration, and replacement of damaged facilities Section 406(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172(a)(3) ) is amended by adding at the end the following: (C) Houses of worship A church, synagogue, mosque, temple, or other house of worship, and a private nonprofit facility operated by a religious organization, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility. . (c) Applicability This section and the amendments made by this section shall apply to the provision of assistance in response to a major disaster or emergency declared on or after October 28, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr592ih/xml/BILLS-113hr592ih.xml |
113-hr-593 | I 113th CONGRESS 1st Session H. R. 593 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. McKeon (for himself, Mrs. Hartzler , Mr. Brooks of Alabama , Mr. Hunter , Mr. Thornberry , Mrs. Walorski , Mr. Wilson of South Carolina , Mr. Rigell , Mr. Jones , Mr. Conaway , Mr. Franks of Arizona , Mr. Turner , Mr. Miller of Florida , Mr. Palazzo , Mrs. Noem , Mr. Austin Scott of Georgia , Mr. Heck of Nevada , Mr. Runyan , Mr. Salmon , Mr. Bishop of Utah , Mr. LoBiondo , Mr. Rogers of Alabama , Mr. Coffman , Mr. Shuster , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Budget , House Administration , 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 amend the Balanced Budget and Emergency Deficit Control Act of 1985 to modify the discretionary spending limits to take into account savings resulting from the reduction in the number of Federal employees.
1. Short title This Act may be cited as the Down Payment to Protect National Security Act of 2013 . 2. Findings and sense of Congress (a) Findings Congress makes the following findings: (1) On April 13, 2011, in a speech at George Washington University, the President outlined his plan to further reduce military spending by $400 billion through fiscal year 2023. (2) On August 2, 2011, the President signed into law, S. 365, the Budget Control Act of 2011, which reduced discretionary spending and established a sequestration effective January 2, 2013, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) in the event that additional deficit reduction could not be found. To this end, the Budget Control Act of 2011 also established a Joint Select Committee on Deficit Reduction charged with identifying $1.2 trillion in additional savings by November, 2011. (3) The Joint Select Committee on Deficit Reduction was unable to reach an agreement, which resulted in new spending caps for national defense for fiscal year 2013. (4) On March 29, 2012, the House of Representatives passed H. Con. Res. 112, the budget resolution for fiscal year 2013, which included reconciliation instructions directing House Committees to craft legislation that would achieve the savings required to replace the sequestration called for in fiscal year 2013, as established by the Budget Control Act of 2011. (5) On May 10, 2012, the House of Representatives passed H.R. 5652, the Sequestration Replacement Reconciliation Act of 2012, which would replace the $98 billion sequestration of discretionary spending called for in 2013, as established by the Budget Control Act of 2011, by making changes in law to reduce mandatory spending by $310 billion through fiscal year 2022. (6) Acting Director of the Office of Management and Budget, Jeffery Zients, testified before the House Armed Services Committee on August 1, 2012, Sequestration, by design, is bad policy, and Congress should pass balanced deficit reduction to avoid it. . (7) On August 7, 2012, the President signed into law, H.R. 5872, the Sequestration Transparency Act of 2012, which required the President to submit to Congress a detailed report on the implementation of the sequestration for fiscal year 2013 by September 6, 2012. The President failed to submit the report by the due date and the report did not provide a detailed assessment of potential impacts of sequestration, stating instead that, no amount of planning can mitigate the significant impact of the sequestration . (8) On September 11, 2012, Bob Woodward released The Price of Politics , documenting the origins of sequestration in the Budget Control Act of 2011 negotiations, stating, [Jack] Lew, [Rob] Nabors, [Gene] Sperling and Bruce Reed, Biden’s chief of staff, had finally decided to propose using language from the 1985 Gramm-Rudman-Hollings deficit reduction law as the model for the trigger. … It would require a sequester with half the cuts from Defense, and the other half from domestic programs. There would be no chance the Republicans would want to pull the trigger and allow the sequester to force massive cuts to Defense. . (9) On October 22, 2012, referring to the upcoming implementation of sequestration on the U.S. military, the President said, it will not happen . (10) On January 2, 2013, the President signed into law, H.R. 8, the American Taxpayer Relief Act of 2012, which moved the effective date of the sequestration to March 1, 2013. Fifty percent of the required offset was generated through tax increases, while 25 percent came from additional cuts to defense discretionary spending and the remaining 25 percent from domestic discretionary spending. No reduction to mandatory spending was included in H.R. 8. (11) To date, Congress has enacted and the President has signed into law $1.1 trillion in discretionary spending cuts, plus an additional $600 billion in tax increases, with no spending reductions in mandatory programs. (12) Should sequestration occur on March 1, 2013, an additional $800 billion in across the board defense and domestic discretionary cuts will be applied over a 9-year period, with negligible reductions in mandatory spending. (13) On January 14, 2013, all seven members of the Joint Chiefs of Staff signed a letter to the congressional defense committees stating, Should this looming readiness crisis be left unaddressed, we will have to ground aircraft, return ships to port, and stop driving combat vehicles in training. Training will be reduced by almost half of what we were planning just three months ago. … We will also be unable to reset and restore the force’s full-spectrum combat capability after over a decade of hard fighting in Iraq and Afghanistan. … Under current budgetary uncertainty, we are at grave risk of an imposed mismatch between the size of our Nation’s military force and the funding required to maintain its readiness, which will inevitably lead to a hollow force. . (14) The Joint Chiefs of Staff further stated, We are also now planning for the potential to furlough up to nearly 800,000 defense civilians who are essential to critical functions like maintenance, intelligence, logistics, contracting, and health care. . (15) On January 28, 2013, the Vice Chairman of the Joint Chiefs of Staff stated I know of no other time in history when we have come potentially down this far, this fast, in the defense budget. … There could be, for the first time in my career, instances where we may be asked to respond to a crisis and we will have to say that we cannot. . (16) On February 5, 2013, the President proposed to further delay the sequestration using the same model adopted in H.R. 8, the American Taxpayer Relief Act of 2012, 50 percent through tax increases, 25 percent through additional cuts to defense discretionary, and 25 percent through additional cuts to domestic discretionary programs. For fiscal year 2013, the President’s proposal would result in an additional $21 billion cut to the military. (b) Sense of Congress It is the sense of Congress that: (1) Full sequestration is a failed Administration policy that must be averted. (2) Without growing the economy and reducing the rate of growth in mandatory spending programs, the United States will continue to run deficits, even if defense and domestic discretionary programs were defunded in their entirety. (3) Having enacted defense and domestic discretionary spending reductions and raised taxes, truly balanced deficit reduction must include substantive reductions in mandatory spending. (4) The President’s short term plan to avert sequestration lacks balance and would continue to raise taxes and slash defense and domestic discretionary spending, exacerbating the readiness crisis described by the Joint Chiefs of Staff, rather than addressing the drivers of our debt. (5) Secretary Panetta was correct in his assessment of January 10, 2013 that the civilian furloughs resulting from full sequestration would also, … further harm our readiness and create hardship on them and their families. In a word—in a word, we would be forced to … hollow out the defense force of this nation. . (6) Any plan to avert sequestration and provide additional time for political negotiations on a truly balanced deficit reduction package must use additional savings that do not increase the risk to military personnel or degrade the readiness or capabilities of our Armed Forces. This goal can be achieved by providing tools to reshape the Federal civilian workforce without furloughs. 3. Reduction in the number of Federal employees (a) Definition In this section, the term agency means an executive agency as defined under section 105 of title 5, United States Code. (b) Determination of number of employees Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall determine the number of full-time employees employed in each agency. The head of each agency shall cooperate with the Director of the Office of Management and Budget in making the determinations. (c) Replacement hire rate (1) In general During the period described under paragraph (2), the head of each agency may hire no more than 1 employee in that agency for every 3 employees who leave employment in that agency. (2) Period of replacement hire rate Paragraph (1) shall apply to each agency during the period beginning 60 days after the date of enactment of this Act through the date on which the Director of the Office of Management and Budget makes a determination that the number of full-time employees employed in that agency is 10 percent less than the number of full-time employees employed in that agency determined under subsection (a). (d) Waivers This section may be waived upon a determination by the President that— (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. 4. Reduction of discretionary spending limits to achieve savings from Federal employee provisions Paragraphs (2) through (10) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: (2) with respect to fiscal year 2013, for the discretionary category, $1,043,000,000,000 in new budget authority; (3) with respect to fiscal year 2014— (A) for the security category, $549,000,000,000 in budget authority; and (B) for the nonsecurity category, $500,000,000,000 in budget authority; (4) with respect to fiscal year 2015— (A) for the security category, $562,000,000,000 in budget authority; and (B) for the nonsecurity category, $514,000,000,000 in budget authority; (5) with respect to fiscal year 2016— (A) for the security category, $573,000,000,000 in budget authority; and (B) for the nonsecurity category, $523,000,000,000 in budget authority; (6) with respect to fiscal year 2017— (A) for the security category, $586,000,000,000 in budget authority; and (B) for the nonsecurity category, $534,000,000,000 in budget authority; (7) with respect to fiscal year 2018— (A) for the security category, $599,000,000,000 in budget authority; and (B) for the nonsecurity category, $546,000,000,000 in budget authority; (8) with respect to fiscal year 2019— (A) for the security category, $612,000,000,000 in budget authority; and (B) for the nonsecurity category, $559,000,000,000 in budget authority; (9) with respect to fiscal year 2020— (A) for the security category, $626,000,000,000 in budget authority; and (B) for the nonsecurity category, $571,000,000,000 in budget authority; and (10) with respect to fiscal year 2021— (A) for the security category, $640,000,000,000 in budget authority; and (B) for the nonsecurity category, $583,000,000,000 in budget authority; . 5. Calculation of total deficit reduction Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended— (1) (A) in paragraph (3)(A), by striking $1,200,000,000,000 and inserting $1,091,000,000,000 and in paragraph (3)(D), by striking 9 and inserting 8 ; and (B) in paragraph (3)(C), by inserting and after the semicolon, in paragraph (3)(D) by striking ; and and inserting a period, and by striking paragraph (3)(E); (2) in paragraph (4), by striking On March 1, 2013, for fiscal year 2013, and in and inserting In ; (3) in paragraphs (5) and (6), by striking 2013 each place it appears and inserting 2014 ; and (4) in paragraph (7), by striking subparagraph (A) and by striking (B) Fiscal years 2014–2021 .— , moving the remaining text 2 ems to the left, and redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. 6. Transfer authority for funding of Department of Defense under continuing resolution and sequester consistent with amounts authorized by National Defense Authorization Act for fiscal year 2013 (a) In general In accordance with subsection (b), the Secretary of Defense may transfer amounts appropriated for the Department of Defense by the Continuing Appropriations Resolution ( Public Law 112–175 ) among accounts of the Department of Defense. (b) Transfers consistent with amounts appropriated or authorized In the event of any transfers under subsection (a), the total amount in any account of the Department of Defense that is available for obligation and expenditure in fiscal year 2013 shall be consistent with, and may not exceed— (1) if a regular appropriation Act making appropriations for the Department of Defense for fiscal year 2013 is enacted before the date of the transfer, the level provided for that account for that fiscal year by applicable provisions of such Act; or (2) if no such Act is enacted before the date of the transfer, the amount authorized to be appropriated for that account for that fiscal year by applicable provisions of division A of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Notice to congress Not later than 15 days before any transfer under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (d) Transfer subject to notification requirements In addition to the notice required under subsection (c), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. (e) Transfer authority The transfer authority provided by subsection (a) is in addition to any other transfer authority provided by law. (f) Definition In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 7. No cost-of-living adjustments for Members of Congress Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) (relating to cost-of-living adjustments for Members of Congress) for any fiscal year for which the Congressional Budget Office determines there is a Federal budget deficit. | https://www.govinfo.gov/content/pkg/BILLS-113hr593ih/xml/BILLS-113hr593ih.xml |
113-hr-594 | I 113th CONGRESS 1st Session H. R. 594 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Burgess (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize and extend the Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments of 2008.
1. Short title This Act may be cited as the Paul D. Wellstone Muscular Dystrophy Community Assistance, Research and Education Amendments of 2013 . 2. Initiative through the Director of the National Institutes of Health Section 404E of the Public Health Service Act ( 42 U.S.C. 283g ) is amended— (1) in subsection (a)(1)— (A) by striking Muscoskeletal and inserting Musculoskeletal ; and (B) by inserting Becker, myotonic, facioscapulohumeral muscular dystrophy (referred to in this section as FSHD ), Congenital muscular dystrophy, Limb-girdle muscular dystrophy, after Duchenne, ; (2) in subsection (b)— (A) in paragraph (2), by inserting cardiac and pulmonary function, after imaging, genetics, ; and (B) in paragraph (3), by inserting and sharing of data after regular communication ; (3) in subsection (d)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking 15 and inserting 18 ; and (ii) in subparagraph (A), by striking children with muscular dystrophy, such as the Department of Education and inserting children and adults with muscular dystrophy, such as the Department of Education, the Social Security Administration, the United States Administration for Community Living ; and (B) in paragraph (4)(B), by inserting , and shall meet no less than two times per calendar year before the period; (4) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking through the national research institutes and inserting through the agencies represented on the Coordinating Committee pursuant to subsection (d)(2)(A) ; and (ii) in subparagraph (A), by striking and rehabilitative issues, including studies of the impact of such diseases in rural and underserved communities and inserting public resources, and rehabilitative issues, including studies of the impact of such diseases in rural and underserved communities, health economic studies to demonstrate the cost-effectiveness of providing independent living resources and support to patients with various forms of muscular dystrophy, and studies to determine optimal clinical care interventions for adults with various forms of muscular dystrophy ; and (B) in paragraph (2), by adding at the end the following: (F) The development of clinical interventions to improve the health of adults with various forms of muscular dystrophy. ; and (5) in subsection (g), by striking for the various forms of muscular dystrophy by prioritizing the achievement of the goals related to this topic in the plan under subsection (e)(1) and inserting and shall, not later than 6 months after the date of enactment of the Paul D. Wellstone Muscular Dystrophy Community Assistance, Research and Education Amendments of 2013 , in coordination with appropriate Federal agencies, including relevant offices within the Food and Drug Administration and supported by the National Institutes of Health and Department of Defense, develop a plan to expedite the evaluation and approval of emerging therapies and personalized medicines that have the potential to decrease fatal disease progression across the various forms of muscular dystrophy . 3. Surveillance and research regarding muscular dystrophy Section 317Q of the Public Health Service Act ( 42 U.S.C. 247b–18 ) is amended— (1) in the second sentence of subsection (b), by inserting before the period the following: and ensure that the program captures data from different racial and ethnic populations, and that such data are made publicly available to investigators conducting public or private research on muscular dystrophy ; and (2) in subsection (c), by adding at the end the following: The Secretary shall also foster ongoing engagement and collaboration between the surveillance program and centers of excellence. . 4. Information and education Section 5(c) of the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001 ( 42 U.S.C. 247b–19(c) ) is amended by adding at the end the following: (4) Update and widely disseminate existing Duchenne-Becker muscular dystrophy care considerations for pediatric patients, develop and widely disseminate Duchenne-Becker muscular dystrophy care considerations for adult patients, and develop and widely disseminate acute care considerations for all muscular dystrophy populations. The care considerations should build upon existing efforts currently underway for congenital muscular dystrophy, fascioscapulohumeral muscular dystrophy, limb-girdle muscular dystrophy, and myotonic muscular dystrophy, and incorporate strategies specifically responding to the findings of the national transitions survey of minority, young adult and adult communities of muscular dystrophy patients. . | https://www.govinfo.gov/content/pkg/BILLS-113hr594ih/xml/BILLS-113hr594ih.xml |
113-hr-595 | I 113th CONGRESS 1st Session H. R. 595 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Butterfield (for himself, Mr. Payne , Mr. Bishop of Georgia , Mr. Lewis , Mr. Watt , Mr. Al Green of Texas , Ms. Bass , Mr. Clyburn , Mr. Cleaver , Mr. Jones , Mr. McIntyre , Mr. Meeks , Ms. Lee of California , Ms. Brown of Florida , Mr. Cummings , Mr. Conyers , Ms. Edwards , Mr. Ellison , Mr. Jeffries , Mr. Hastings of Florida , Mrs. Christensen , Mr. Rush , Ms. Clarke , Mr. Brady of Pennsylvania , Mr. Grijalva , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide equity for tuition and fees for individuals entitled to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs who are pursuing programs of education at institutions of higher learning, and for other purposes.
1. Short title This Act may be cited as the Veterans Education Equity Act of 2013 . 2. Protecting equity for tuition and fees for individuals entitled to assistance under the Post-9/11 Educational Assistance Program who are pursuing programs of education at institutions of higher learning (a) In general Clause (i) of subparagraph (A) of paragraph (1) of subsection (c) of section 3313 of title 38, United States Code, is amended to read as follows: (i) In the case of a program of education pursued at a public institution of higher learning, the lesser of— (I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of— (aa) any waiver of, or reduction in, tuition and fees; and (bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a )) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or (II) the greater of— (aa) the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of— (AA) any waiver of, or reduction in, tuition and fees; and (BB) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a )) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or (bb) the amount equal to— (AA) for the academic year beginning on August 1, 2011, $17,500; or (BB) for any subsequent academic year, the amount in effect for the previous academic year under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h) of this title. . (b) Effective date The amendment made by subsection (a) shall apply with respect to the payment of educational assistance for an academic year beginning on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr595ih/xml/BILLS-113hr595ih.xml |
113-hr-596 | I 113th CONGRESS 1st Session H. R. 596 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Gosar (for himself, Mr. Thompson of California , Mr. Heck of Nevada , Mr. Polis , Mr. Tipton , Ms. DeGette , Mr. Coffman , Mr. Costa , Mr. Denham , Mr. Blumenauer , Mr. Amodei , Mr. DeFazio , Mr. Simpson , Mr. Ben Ray Luján of New Mexico , Mr. Schweikert , and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote the development of renewable energy on public lands, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Public Lands Renewable Energy Development Act of 2013 . (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Geothermal energy Sec. 101. Extension of funding for implementation of Energy Policy Act of 2005 . Title II—Development of wind and solar energy on certain Federal land Sec. 201. Definitions. Sec. 202. Development of solar and wind energy on covered land. Sec. 203. Royalties. Sec. 204. Disposition of royalty revenue. Sec. 205. Study and report on mitigation banking. I Geothermal energy 101. Extension of funding for implementation of Energy Policy Act of 2005 (a) In general Section 234(a) of the Energy Policy Act of 2005 (42 U.S.C. 15873(a)) is amended by striking in the first 5 fiscal years beginning after the date of enactment of this Act and inserting through fiscal year 2020 . (b) Authorization Section 234(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15873(b) ) is amended— (1) by striking Amounts and inserting Effective for fiscal year 2012 and each fiscal year thereafter, amounts ; and (2) by striking without further appropriation and inserting in such amounts as are provided in advance in appropriations Acts . II Development of wind and solar energy on certain Federal land 201. Definitions In this title: (1) Covered land The term covered land means land that is— (A) (i) public land administered by the Secretary of the Interior; or (ii) National Forest System land administered by the Secretary of Agriculture; and (B) not excluded from the development of solar or wind energy under— (i) a final land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (ii) a final land and resource management plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or (iii) Federal law. (2) Fund The term Fund means the Renewable Energy Resource Conservation Fund established under section 204(b). (3) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (4) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, with respect to land described in clause (i) of paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in clause (ii) of such paragraph. 202. Development of solar and wind energy on covered land (a) Pilot program on selected covered land (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall each establish a wind and solar leasing pilot program under which the Secretary concerned conducts lease sales of certain sites located on covered land administered by the Secretary concerned for purposes of carrying out wind and solar energy projects. (2) Selection of sites on covered land (A) In general Not later than 90 days after the date the pilot program is established under paragraph (1), the Secretary concerned shall each select from covered land administered by the Secretary— (i) 1 site for the development of a solar energy project; and (ii) 1 site for the development of a wind energy project. (B) Site selection In selecting sites under subparagraph (A), the Secretary concerned shall— (i) give a preference to sites that the Secretary concerned determines— (I) are likely to attract a high level of wind and solar energy industry interest; (II) have a comparatively low value for resources other than wind and solar energy; and (III) would serve as models for the expansion of the pilot program to other locations if the program is expanded under subsection (c); (ii) take into consideration the value of the multiple resources of the covered land on which such sites are located; and (iii) not select any site for which a right-of-way or special use permit for site testing or construction has been issued under title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) or the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.). (3) Lease sales of project sites (A) In general Except as provided in paragraph (4)(B)(i), not later than 180 days after the date on which sites are selected under paragraph (2), the Secretary concerned shall offer each site for competitive leasing under such terms and conditions as the Secretary concerned requires. (B) Bidding Bidding on a site offered for lease under this subsection shall be— (i) limited to one round; (ii) open only to bidders who— (I) submit a plan of development for such site together with the bid; and (II) the Secretary concerned determines are qualified under subparagraph (C)(ii); and (iii) conducted using a bidding system selected by the Secretary concerned, including— (I) a cash bonus bids system requiring payment of the royalty established under this title; (II) a variable royalty bids system based on a percentage of the gross proceeds from the sale of electricity produced from the site offered for lease, except that the royalty shall not be less than the royalty required under this title, together with a fixed cash bonus; or (III) such other bidding system as ensures a fair return to the public consistent with the royalty established under this title. (C) Bidder qualifications The Secretary concerned shall— (i) before conducting any lease sale under this subsection, establish qualification requirements for bidders on a site offered for lease that ensure that such bidders, with respect to wind or solar energy projects— (I) are able to expeditiously develop such a project on the site; (II) possess the financial resources necessary to complete such a project; (III) possess knowledge of the technology needed to complete such a project; (IV) meet eligibility requirements that are substantially similar to the eligibility rquirements for leasing that apply under the first section of the Mineral Leasing Act (30 U.S.C. 181); and (V) possess such other qualifications as the Secretary concerned determines are necessary; and (ii) using the requirements established under clause (i), determine whether a person is qualified to be a bidder on a site offered for lease under this subsection. (D) Credit for bid preparation expenditures In the case of a site offered for lease under this subsection with respect to which more than one bid is submitted on the date of the lease sale of such site, the Secretary concerned shall give credit to each person who submitted a bid with respect to such site for expenditures such person incurred in the preparation of such bid. (4) Lease terms (A) In general The Secretary concerned may establish such lease terms and conditions, including the duration of the lease with respect to any site offered for lease under this subsection. (B) Short-term leases for data collection In carrying out this subsection, the Secretary concerned shall— (i) offer on a noncompetitive basis a short-term lease on not less than one site selected under paragraph (2) for purposes of data collection; and (ii) upon the expiration of the short-term lease, offer on a competitive basis a long-term lease, giving credit toward the bonus bid submitted with respect to the long-term lease to the holder of the short-term lease for any qualified expenditures made by such holder to collect data or to develop the site during such short-term lease. (5) Revenues Subject to section 203, the Secretary concerned may collect bonus bids, royalties, fees, or other payments (except rental payments) with respect to sites offered for lease under this subsection. (6) Report Not later than 90 days after the date on which the Secretary concerned conducts the final lease sale under this subsection, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report on the results of each lease sale conducted under this subsection, including— (A) the level of competitive interest; (B) a summary of bids and revenues received; and (C) any other factors that may have impacted the lease sale. (7) Other laws (A) Compliance with land management and environmental laws In offering sites for lease under this subsection, the Secretary concerned shall comply with— (i) all Federal laws applicable to public land or National Forest System land; and (ii) Federal or State environmental laws or any other relevant laws. (B) Applicability to wind and solar energy projects under other Federal laws Nothing in this subsection shall be construed so as to prohibit the Secretary concerned from issuing rights-of-way or special use permits with respect to wind and solar energy projects in compliance with other Federal laws and regulations in effect on the date of the enactment of this Act. (8) Enforcement of Federal land policy management (A) In general Sections 302(c) and 303 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732(c) , 1733) shall apply to activities conducted on sites on covered land offered for lease under this subsection. (B) Effect on enforcement authority under other Federal law Nothing in this subsection shall be construed so as to reduce or limit the enforcement authority vested in the Secretary of the Interior, the Secretary of Agriculture, or the Attorney General on covered land under any other Federal law. (b) Temporary extension of pilot program Until final regulations are issued under subsection (c)(4), the Secretary of the Interior shall continue to carry out the pilot program under subsection (a) on the sites offered for lease under such subsection. The Secretary may extend any lease issued for such sites under subsection (a) under the same terms and conditions applicable to such lease on the date of the lease sale as necessary until final regulations are issued under subsection (c)(4) with respect to such sites. (c) Expansion of pilot program to all covered land (1) Joint determination required Not later than 5 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly determine whether to expand the pilot program established under subsection (a) to apply to all covered land, including sites with respect to which leases were issued under subsection (a). In making such determination, the Secretary of the Interior and the Secretary of Agriculture shall— (A) take into consideration the results of the pilot program; (B) consult with— (i) the heads of Federal agencies and relevant State agencies (including State fish and wildlife agencies); (ii) interested States, Indian tribes, and local governments; (iii) representatives of the solar and wind energy industries; (iv) representatives of the environment, conservation, and outdoor sporting communities; and (v) the public; and (C) consider whether such expansion— (i) provides an effective means of developing wind or solar energy; and (ii) is in the public interest. (2) Expansion authorized The pilot program shall be expanded only if the Secretary of the Interior and the Secretary of Agriculture determined to expand the pilot program under paragraph (1). (3) Report on joint determination Not later than 60 days after making the determination under paragraph (1) to expand the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources and Committee on Agriculture of the Senate and the Committee on Natural Resources and Committee on Agriculture of the House of Representatives a report describing the basis and findings for the determination. (4) Regulations to implement expansion Not later than one year after making a determination to expand the pilot program under paragraph (1), the Secretary of the Interior and the Secretary of Agriculture shall jointly issue final regulations to implement this Act. (5) Applicability of provisions of pilot program to expanded program (A) In general Except as provided in subparagraph (B), paragraphs (3), (7), and (8) of subsection (a) shall apply to covered land offered for lease under this subsection in the same manner as such paragraphs apply to sites offered for lease under subsection (a). (B) Competitive leasing not required under certain circumstances The requirement under subsection (a)(3) that a lease be sold on a competitive basis shall not apply to a lease issued under this subsection if the Secretary concerned determines that— (i) no competitive interest exists for the covered land offered for lease; (ii) the public interest would not be served by the competitive issuance of a lease with respect to such covered land; or (iii) the lease is for a purpose described in paragraph (7)(A)(ii). (6) Payments (A) In general Subject to section 203, the Secretary of the Interior and the Secretary of Agriculture shall jointly establish fees, bonuses, or other payments (except rental payments) to ensure a fair return to the United States for any lease issued under this subsection. (B) Bonus bids The Secretary concerned may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in paragraph (7)(A)(ii) in any competitive lease sale held for a long-term lease of the covered land that is the subject of the lease described in such paragraph. (C) Readjustment (i) In general Royalties and other terms and conditions of a lease issued under this subsection shall be subject to readjustment— (I) on the date that is 15 years after the date on which the lease is issued; and (II) every 10 years thereafter. (ii) Indexing Effective on the first day of the first month beginning after the date of enactment of this Act and each year thereafter, the amount of royalties or other terms and conditions subject to readjustment under clause (i) shall be adjusted to reflect changes for the 12-month period ending on the most recent date for which data are available in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (7) Lease duration, administration, and readjustment (A) Duration (i) In general Except as provided in clause (ii), a lease issued under this subsection shall be for— (I) an initial term of 25 years; and (II) any additional period after the initial 25-year term during which electricity is being produced annually in commercial quantities from the lease. (ii) Data collection leases In the case of a lease issued under this subsection for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new wind or solar technology, such lease shall have a term of not more than 5 years. (B) Administration The Secretary of the Interior and the Secretary of Agriculture shall jointly establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease issued under this subsection. (C) Readjustment provision required Each lease issued under this subsection shall provide for readjustment in accordance with subparagraph (A). (8) Surface-Disturbing activities The Secretary of the Interior and the Secretary of Agriculture shall jointly issue regulations regarding surface-disturbing activities conducted under any lease issued under this subsection, including any reclamation and other actions necessary to conserve and to offset impacts to surface resources. (9) Security (A) In general The Secretary concerned shall require that the holder of a lease issued under this subsection— (i) furnish a surety bond or other form of security, as prescribed by the Secretary; (ii) provide for the reclamation and restoration of the covered land that is the subject of the lease; and (iii) comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States. (B) Periodic review Not less frequently than once every 5 years, the Secretary concerned shall conduct a review of the adequacy of the surety bond or other form of security provided by the holder of a lease issued under this subsection. 203. Royalties (a) In general The Secretary concerned shall require as a term and condition of any lease issued under section 202, the payment of a royalty. The Secretary of the Interior and the Secretary of Agriculture shall establish such royalty pursuant to a joint rulemaking that shall be a percentage of the gross proceeds from the sale of electricity produced on covered land that is the subject of such lease at a rate that— (1) encourages production of solar or wind energy; (2) ensures a fair return to the public comparable to the return that would be obtained on State or private land; and (3) encourages the maximum energy generation while disturbing the least quantity of covered land and other natural resources, including water. (b) Consideration In establishing the royalty under subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall consider the relative capacity factors of wind and solar energy projects. (c) Exclusive payment on sale of electricity The royalty under subsection (a) shall be the only rent, royalty, or similar payment to the Federal Government required with respect to the sale of electricity produced under a lease issued under section 202. (d) Royalty relief The Secretary concerned may reduce the royalty rate established under subsection (a) if the holder of a lease issued under this title shows by clear and convincing evidence that— (1) collection of the full royalty would unreasonably burden energy generation on covered land that is the subject of the lease; and (2) the royalty reduction is in the public interest. (e) Enforcement (1) Auditing system The Secretary of the Interior and the Secretary of Agriculture shall jointly establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system— (A) to accurately determine royalties, interest, fines, penalties, fees, deposits, and other payments owed under this title; and (B) to collect and account for the payments in a timely manner. (2) Applicability of Federal Oil and Royalty Management Act The provisions of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ) (including the civil and criminal enforcement provisions of such Act) shall apply to leases issued under this title with respect to wind and solar energy projects in the same manner as such provisions apply to oil and gas leases. (f) Report on royalties Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report consisting of a review of the collections and impacts of the royalties and fees collected under this title, including— (1) the total revenues received (by category) on an annual basis as royalties from wind, solar, and geothermal development and production (specified by energy source) on covered land; (2) whether the revenues received for the development of wind, solar, and geothermal development are comparable to the revenues received for similar development on State or private land; (3) any impact on the development of wind, solar, and geothermal development and production on covered land as a result of the royalties; and (4) any recommendations with respect to changes in Federal law (including regulations) relating to the amount or method of collection (including auditing, compliance, and enforcement) of the royalties. (g) Regulations Not later than one year after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly issue final regulations to carry out this section. 204. Disposition of royalty revenue (a) Allocation of revenue Effective beginning on the date of the enactment of this Act, all amounts collected by the Secretary concerned as royalties or bonuses under subsection (a)(5) or (c)(6) of section 202, shall be distributed as follows: (1) Twenty-five percent shall be paid by the Secretary of the Treasury to States within the boundaries of which the royalties or bonuses are derived, to be allocated among such States based on the percentage of covered land from which such royalties or bonuses are derived in each State. (2) Twenty-five percent shall be paid by the Secretary of the Treasury to the counties within the boundaries of which the royalties or bonuses are derived, to be allocated among such counties based on the percentage of covered land from which such royalties or bonuses are derived in each county. (3) Twenty-five percent shall be deposited in the Fund (established by subsection (b)). (4) For the period that begins on the date of the enactment of this Act and ending on the date that is 15 years after the date of the enactment of this Act, 15 percent shall be paid by the Secretary of the Treasury directly to the State offices of the Bureau of Land Management and the regional office of the Forest Service with jurisdiction over the areas of which the royalties or bonuses are derived for purposes of reducing the number of renewable energy permits that have not been processed before the date of the enactment of this Act, to be allocated among such offices based on the percentage of covered land from which the royalties or bonuses are derived in each State. (5) The remainder shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit. (b) Renewable Energy Resource Conservation Fund (1) Establishment There is established in the Treasury of the United States a Renewable Energy Resource Conservation Fund to be administered by the Secretary of the Interior, in consultation with the Secretary of Agriculture, for use in regions impacted by the development of wind or solar energy on public land. (2) Use of funds The Secretary shall use amounts in the Fund to take actions and to make payments to State agencies, Federal agencies, or other interested persons in such regions for— (A) protecting and restoring important fish and wildlife habitat in such regions, including corridors, water resources, and other sensitive land; and (B) assuring and improving access to Federal lands and waters in such regions for hunting, fishing, and other forms of outdoor recreation in a manner consistent with the conservation of fish and wildlife habitat. (3) Availability of amounts Amounts in the Fund shall be available for expenditure, in accordance with this subsection, without further appropriation and without fiscal year limitation. (4) Investment of Fund (A) In general Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (B) Use Any interest earned under subparagraph (A) may be expended in accordance with this subsection. (5) Mitigation requirements The expenditure of funds under this subsection shall be separate and distinct from any mitigation requirements imposed pursuant to any law, regulation, or term or condition of any lease, right-of-way, or other authorization. (c) Allocation for permitting after expiration of 15-Year period (1) Certification by Secretary At the end of the 15-year period described in subsection (a)(4), the Secretary shall certify whether the State offices referred to in such subsection have adequately reduced the renewable energy permitting backlog referred to in such subsection. (2) Allocation after certification If the Secretary certifies under paragraph (1) that— (A) the State offices referred to in such paragraph have not adequately reduced the backlog referred to in such paragraph— (i) the 15-year period described in subsection (a)(4) shall be extended by an additional 15-year period; and (ii) payments shall continue to be made during that period as described in such subsection; or (B) the State offices referred to in such paragraph have adequately reduced such backlog— (i) two-thirds of the amount otherwise required to be paid under subsection (a)(4) shall be added to the amount deposited in the Fund established under subsection (b); and (ii) one-third of such amount shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit. (d) Payments to States and counties (1) In general Amounts paid to States and counties under subsection (a) shall be used in a manner that is consistent with section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ). (2) Impacts Not less than 35 percent of the amount paid to a State each fiscal year shall be used for the purposes described in subsection (b)(2). 205. Study and report on mitigation banking (a) Study (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall carry out a study to determine the feasibility of carrying out a mitigation banking program on Federal land administered by the Secretary of the Interior or the Secretary of Agriculture for purposes of fully offsetting the impacts of wind or solar energy on such Federal land. (2) Contents The study under paragraph (1) shall— (A) identify areas in which— (i) privately owned land is not available to fully offset the impacts of wind or solar energy development on Federal land administered by the Secretary of the Interior or the Secretary of Agriculture; or (ii) mitigation investments on such Federal land are likely to provide greater conservation value for the impacts of wind or solar energy development on such Federal land; and (B) examine— (i) the effectiveness of laws (including regulations) and policies in effect on the date of the enactment of this Act in facilitating the development and effective operation of mitigation banks; (ii) the advantages and disadvantages of using mitigation banks on such Federal land to mitigate impacts to natural resources on private, State, and tribal land; and (iii) any changes in Federal law (including regulations) or policy necessary to further develop a Federal mitigation banking program. (b) Report to Congress Not later than 18 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to Congress a report that includes— (1) the recommendations of the Secretaries relating to— (A) the most effective system for Federal land administered by the Secretary of the Interior or the Secretary of Agriculture to meet the goals of facilitating the development of a mitigation banking program on such Federal land; and (B) any change to Federal law (including regulations) or policy necessary to address more effectively the siting, development, and management of mitigation banking programs on such Federal land to mitigate impacts to natural resources on private, State, and tribal land; and (2) any administrative action to be taken by the Secretary of the Interior and the Secretary of Agriculture in response to the recommendations. (c) Availability to the public Not later than 30 days after the date on which the report described in subsection (b) is submitted to Congress, the Secretary of the Interior and the Secretary of Agriculture shall make the results of the study available to the public. | https://www.govinfo.gov/content/pkg/BILLS-113hr596ih/xml/BILLS-113hr596ih.xml |
113-hr-597 | I 113th CONGRESS 1st Session H. R. 597 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mrs. Carolyn B. Maloney of New York (for herself and Mr. Honda ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Financial Services , Ways and Means , the Judiciary , House Administration , Energy and Commerce , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries.
1. Short title This Act may be cited as the Commission on Americans Living Abroad Act . 2. Establishment There is established a commission to be known as the Commission on Americans Living Abroad (in this Act referred to as the Commission ). 3. Membership (a) Number and appointment The Commission shall be composed of 15 members appointed by the President, of whom— (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the majority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (4) two members shall be appointed from among individuals recommended by the majority leader of the Senate; (5) two members shall be appointed from among individuals recommended by the minority leader of the Senate; and (6) two members shall be appointed from among individuals recommended by the President pro tempore of the Senate. (b) Qualifications (1) Limit on officers or employees of the United States Not more than 10 members shall be officers or employees of the United States. (2) Political party affiliation Not more than 8 members of the Commission may be of the same political party. (3) Expertise (A) Officers or Employees of the United States Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). (B) Other members Members of the Commission who are not officers or employees of the United States shall be appointed from among individuals who— (i) have lived in a foreign country for not less than one year; (ii) are members of organizations that represent United States citizens living in foreign countries; or (iii) have other experience that is relevant to the matters to be studied by the Commission under section 4(a)(2). (c) Period of Appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers. (d) First Meeting Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings The Commission shall meet at the call of the Chairperson. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson The President shall select a Chairperson for the Commission from among its members. 4. Duties (a) Study (1) In general The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. (2) Matters studies The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the Foreign Account Tax Compliance Act ) and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) ( Public Law 107–56 ). (C) Federal requirements for a spouse, child, or another family member of a United States citizen living in a foreign country who is not a United States citizen to become a United States citizen. (D) The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. (E) The processes by which a United States citizen living in a foreign country interacts with Federal programs such as Social Security and Medicare. (F) The process for a United States citizen living in a foreign country to get a Federal education loan for such citizen or for such citizen’s child who is a United States citizen. (G) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. (b) Consultation with outside organizations In conducting the study under subsection (a), the Commission shall consult organizations that represent United States citizens living in foreign countries. (c) Reports (1) Initial Report Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(G), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. (2) Update Not later than one year after the date on which the Commission submits the report under paragraph (1), the Commission shall submit an update to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(G), which shall describe any administrative actions taken by the head of any Federal agency pursuant to the recommendations in such report. 5. Powers of the commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 6. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of government employees Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 7. Federal agency response Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. 8. Termination The Commission shall terminate on the date on which it submits its update under section 4(c)(2). 9. Authorization of appropriations There is authorized to be appropriated $3,000,000 for each of fiscal years 2014 and 2015 to the Commission to carry out this Act to remain available until the termination of the Commission. | https://www.govinfo.gov/content/pkg/BILLS-113hr597ih/xml/BILLS-113hr597ih.xml |
113-hr-598 | I 113th CONGRESS 1st Session H. R. 598 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to give members of the United States Capitol Police the option to delay mandatory retirement until age 60.
1. Optional delay in mandatory retirement age for members of capitol police (a) Civil service retirement system The second sentence of section 8335(c) of title 5, United States Code, is amended to read as follows: At the request of such a member, the Capitol Police Board shall exempt the member from automatic separation under this subsection until that member becomes 60 years of age, so long as the member undergoes a physical examination during the 6-month period which ends on the day the member turns 57 years of age and, on the basis of the examination, meets appropriate physical fitness criteria (as determined by the Board in consultation with the Chief of the Capitol Police and the exclusive representative of the Capitol Police under chapter 71 of title 5, United States Code, with respect to collective bargaining). . (b) Federal employees retirement system The second sentence of section 8425(c) of title 5, United States Code, is amended to read as follows: At the request of such a member, the Capitol Police Board shall exempt the member from automatic separation under this subsection until that member becomes 60 years of age, so long as the member undergoes a physical examination during the 6-month period which ends on the day the member turns 57 years of age and, on the basis of the examination, meets appropriate physical fitness criteria (as determined by the Board in consultation with the Chief of the Capitol Police and the exclusive representative of the Capitol Police under chapter 71 of title 5, United States Code, with respect to collective bargaining). . | https://www.govinfo.gov/content/pkg/BILLS-113hr598ih/xml/BILLS-113hr598ih.xml |
113-hr-599 | I 113th CONGRESS 1st Session H. R. 599 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Grijalva (for himself, Mr. Blumenauer , Mr. DeFazio , Mr. Holt , Mr. Honda , Ms. Lee of California , Ms. McCollum , Mr. McGovern , Mrs. Napolitano , Ms. Pingree of Maine , Mr. Rangel , Ms. Slaughter , Mr. Farr , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are engaging in gross violations of internationally recognized human rights, and for other purposes.
1. Short title This Act may be cited as the Arms Sale Responsibility Act of 2013 . 2. Sense of Congress provisions (a) Transfer of conventional arms It is the sense of Congress that it should be the policy of the United States to maintain adherence to a policy of restraint in transferring conventional arms if evidence exists of substantial risk that such arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law. (b) Arms control agreements In furtherance of the policy described in subsection (a), the President, in negotiating any conventional arms control agreement, should undertake a concerted effort— (1) to encourage the national control list of each party to the agreement to cover all types of weaponry, munitions, armaments and related material used for potentially lethal force in military and law enforcement operations, as well as any parts, components and accessories thereof, and machines, technologies and technical expertise for making, developing and maintaining those items; (2) to conduct an effective inquiry and meaningful assessment of each application or proposal for authorization to export or internationally transfer arms on a case-by-case basis; (3) to deny an arms transfer authorization if there is a substantial risk that the arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law and to ensure such denial remains in place until steps are taken to mitigate the level of risk; (4) to require import and transit state authorizations, and certified end use assurances, before issuing an export license or authorization for any international transfer of conventional arms and to ensure minimum details in the end use assurance include the exporter, consignee, purchasers, country of final destination, description of type and quantity of items, specific purpose they will be used, an expiration date, and an undertaking that they will not be used for purposes other than those declared or re-exported without permission; (5) to require delivery verification to be officially certified on receipt of the shipment of conventional arms by the end user, which includes at a minimum, the name and address of the exporter and the importer, the serial number of the import certificate, a description of the goods, the quantity and value, the port of arrival and the name of the ship, aircraft or other carrier; and (6) to require each party to the agreement to establish a clear legal framework for lawful brokering and shipping activities relating to transfers of conventional arms. 3. Prohibition on transfer of defense articles and defense services to certain foreign governments (a) Prohibition For each fiscal year beginning on or after the date of enactment of this Act, no defense articles or defense services may be transferred to the government of a foreign country under the Foreign Assistance Act of 1961 or the Arms Export Control Act unless the President submits to Congress a certification described in subsection (b) with respect to the transfer of such defense articles or defense services. (b) Certification A certification referred to in subsection (a) is a certification that— (1) the government of the foreign country is not engaging in gross violations of internationally recognized human rights, including— (A) by carrying out— (i) excessive force against or unlawful killings of unarmed protesters; (ii) extrajudicial or arbitrary executions; (iii) disappearances; (iv) torture or severe mistreatment; (v) prolonged arbitrary imprisonment; (vi) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; or (vii) grave breaches of international humanitarian law; and (B) by failing to— (i) vigorously investigate, discipline, or prosecute those individuals responsible for gross violations of internationally recognized human rights; (ii) allow the free functioning of domestic and international human rights organizations; (iii) provide access on a regular basis to humanitarian organizations in humanitarian emergencies; or (iv) divert the transfer of defense articles or defense services to a third country which facilitates one or more of the actions described in subparagraph (A); and (2) the government of the country is not identified by the Secretary of State in the Department of State’s most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (c) Failure To Continue To Comply Any certification with respect to a foreign government for a fiscal year under subsection (b) shall cease to be effective for that fiscal year if the President certifies to Congress that such government has not continued to comply with the requirements contained in such subsection. (d) Notifications to congress The President shall submit to Congress initial certifications under subsection (b) as part of the submission of the annual congressional presentation documents for foreign assistance programs for each fiscal year beginning on or after the date of enactment of this Act and shall, where appropriate, submit additional or amended certifications at any time thereafter in that fiscal year. (e) Exemptions (1) In general The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if— (A) subject to paragraph (2), the President submits a request for an exemption to Congress containing a determination that it is in the national security interest of the United States to provide defense articles or defense services to such government; or (B) the President determines that an emergency exists under which it is vital to the interest of the United States to provide military defense articles or defense services to such government. (2) Disapproval A request for an exemption to provide defense articles or defense services to a foreign government shall not take effect, or shall cease to be effective, if a law is enacted disapproving such request. (f) Definitions In this section— (1) the term defense article has the meaning given the term in section 47(3) of the Arms Export Control Act; and (2) the term defense service has the meaning given the term in section 47(4) of the Arms Export Control Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr599ih/xml/BILLS-113hr599ih.xml |
113-hr-600 | I 113th CONGRESS 1st Session H. R. 600 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Higgins (for himself, Mr. Levin , Mr. Conyers , Ms. Slaughter , Mr. Dingell , Ms. Moore , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to provide assistance for nutrient removal technologies to States in the Great Lakes System.
1. Short title This Act may be cited as the Great Lakes Nutrient Removal Assistance Act . 2. Findings and purposes (a) Findings Congress finds that— (1) ineffective wastewater treatment is one of the most common sources of water pollution; (2) nutrient pollution, particularly phosphorus loading, continues to be one of the most significant water quality issues facing the Great Lakes System; (3) limiting phosphorus loads is key to controlling excessive algal growth, and a coordinated Great Lakes System-wide strategy to change how nutrients are discharged is urgent; and (4) nutrient removal technology is one of the most reliable, cost effective, and direct methods for reducing the flow of phosphorus and other harmful nutrients from point sources in the Great Lakes System. (b) Purposes The purposes of this Act are— (1) to authorize the Administrator of the Environmental Protection Agency to provide financial assistance to Great Lakes States and municipalities for use in upgrading publically owned wastewater treatment plants in the Great Lakes System with nutrient removal technologies; and (2) to further the goal of restoring the water of the Great Lakes System to conditions that are protective of human health and aquatic life. 3. Sewage control technology grant program The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: VII MISCELLANEOUS 701. Sewage control technology grant program (a) Grant program (1) Establishment Not later than 1 year after the date of enactment of this section, the Administrator shall establish a program within the Environmental Protection Agency to provide grants to Great Lakes States, and municipalities thereof, to upgrade eligible facilities with nutrient removal technologies. (2) Priority In providing a grant under paragraph (1), the Administrator shall— (A) consult with the Program Office; and (B) give priority to eligible facilities at which nutrient removal technology upgrades would— (i) produce the greatest nutrient load reductions at points of discharge; (ii) result in the greatest environmental benefits to the Great Lakes System; and (iii) help meet the objectives related to nutrients outlined in Annex 4 of the 2012 Great Lakes Water Quality Agreement. (3) Application (A) In general On receipt of an application from a State or municipality for a grant under this section, if the Administrator approves the request, the Administrator shall transfer to the State or municipality the amount of assistance determined necessary by the Administrator, in consultation with the Program Office, to carry out the facility upgrades that are the subject of the application. (B) Form An application submitted by a State or municipality under subparagraph (A) shall be in such form and shall include such information as the Administrator may prescribe. (4) Use of funds A State or municipality that receives a grant under this section shall use the grant to upgrade eligible facilities with nutrient removal technologies that are designed to reduce total nutrients in discharged wastewater. (5) Cost sharing (A) Federal share The Federal share of the cost of upgrading any eligible facility as described in paragraph (1) using funds provided under this section shall not exceed 55 percent. (B) Non-Federal share The non-Federal share of the costs of upgrading any eligible facility as described in paragraph (1) using funds provided under this section may be provided in the form of funds made available to a State or municipality under— (i) any provision of this Act other than this section (including funds made available from a State water pollution control revolving fund established under title VI); or (ii) any other Federal or State law. (b) Definitions In this section: (1) 2012 Great Lakes Water Quality Agreement The term 2012 Great Lakes Water Quality Agreement means the Great Lakes Water Quality Protocol of 2012, signed at Washington on September 7, 2012 (further amending the Agreement between the United States of America and Canada on Great Lakes Water Quality, 1978, signed at Ottawa on November 22, 1978). (2) Eligible facility The term eligible facility means a municipal wastewater treatment plant that— (A) as of the date of enactment of this section, has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day; and (B) is located within the Great Lakes System in any of the Great Lakes States. (3) Great Lakes States; Great Lakes System The terms Great Lakes States and Great Lakes System have the meanings given those terms in section 118. (4) Program Office The term Program Office means the Great Lakes National Program Office established by section 118(b). (c) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2013 through 2017. Such sums shall remain available until expended. (2) Administrative costs The Administrator may use not to exceed 4 percent of any amount made available under paragraph (1) to pay administrative costs incurred in carrying out this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr600ih/xml/BILLS-113hr600ih.xml |
113-hr-601 | I 113th CONGRESS 1st Session H. R. 601 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Markey (for himself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Natural Resources , 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 direct the Secretary of the Interior to establish an annual production incentive fee with respect to Federal onshore and offshore lands that are subject to a lease for production of oil or natural gas under which production is not occurring, and for other purposes.
1. Short title This Act may be cited as the Permanent Repeal of Oil Subsidies Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—USE IT Act Sec. 101. Short title. Sec. 102. Production incentive fee. Title II—Deficit Reduction Through Fair Oil Royalties Sec. 201. Short title. Sec. 202. Eligibility for new leases and the transfer of leases. Sec. 203. Price thresholds for royalty suspension provisions. Sec. 204. Repeal of royalty relief provisions. Title III—OCS Facility Inspections Sec. 301. Short title. Sec. 302. OCS facility inspection fees. Title IV—Repeal of Fossil Fuel Subsidies For Large Oil Companies Sec. 401. Short title. Sec. 402. Amortization of geological and geophysical expenditures. Sec. 403. Producing oil and gas from marginal wells. Sec. 404. Enhanced oil recovery credit. Sec. 405. Intangible drilling and development costs in the case of oil and gas wells. Sec. 406. Percentage depletion. Sec. 407. Tertiary injectants. Sec. 408. Passive activity losses and credits limited. Sec. 409. Income attributable to domestic production activities. Sec. 410. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 411. Modifications of foreign tax credit rules applicable to dual capacity taxpayers. I USE IT Act 101. Short title This title may be cited as the United States Exploration on Idle Tracts Act or the USE IT Act . 102. Production incentive fee (a) Establishment The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue regulations to establish an annual production incentive fee with respect to Federal onshore and offshore lands that are subject to a lease for production of oil or natural gas under which production is not occurring. Such fee shall apply with respect to lands that are subject to such a lease that is in effect on the date final regulations are promulgated under this subsection or that is issued thereafter. (b) Amount The amount of the fee shall be, for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year— (1) in the case of onshore land— (A) for each of the first 3 years of the lease, $4 per acre in 2011 dollars; (B) for the fourth year of the lease, $6 per acre in 2011 dollars; and (C) for the fifth year of the lease and each year thereafter for which the lease is otherwise in effect, $8 per acre in 2011 dollars; and (2) in the case of offshore land— (A) for each of the third, fourth, and fifth years of the lease, $4 per acre in 2011 dollars; (B) for the sixth year of the lease, $6 per acre in 2011 dollars; and (C) for the seventh year of the lease and each year thereafter for which the lease is otherwise in effect, $8 per acre in 2011 dollars. (c) Assessment and collection The Secretary shall assess and collect the fee established under this section. (d) Deposit Amounts received by the United States as the fee under this section shall be deposited in the general fund of the Treasury. (e) Regulations The Secretary of the Interior may issue regulations to prevent evasion of the fee under this section. II Deficit Reduction Through Fair Oil Royalties 201. Short title This title may be cited as the Deficit Reduction Through Fair Oil Royalties Act . 202. Eligibility for new leases and the transfer of leases (a) Issuance of New Leases (1) In general The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(3)(C) ). (2) Persons described A person referred to in paragraph (1) is a person that— (A) is a lessee that— (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees (A) In general For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(3)(C) ). (B) Treatment of share as covered lease Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Transfers A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), unless the lessee or other person has— (1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (c) Use of amounts for deficit reduction Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. (d) Definitions In this section— (1) Covered lease The term covered lease means a lease for oil or gas production in the Gulf of Mexico that is— (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act ( 43 U.S.C. 1337 note; Public Law 104–58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee The term lessee includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary The term Secretary means the Secretary of the Interior. 203. Price thresholds for royalty suspension provisions The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2013. Existing lease provisions shall prevail through September 30, 2013. 204. Repeal of royalty relief provisions (a) Repeal of provisions of Energy Policy Act of 2005 The following provisions of the Energy Policy Act of 2005 ( Public Law 109–58 ) are repealed: (1) Section 344 (42 U.S.C. 15904; relating to incentives for natural gas production from deep wells in shallow waters of the Gulf of Mexico). (2) Section 345 (42 U.S.C. 15905; relating to royalty relief for deep water production in the Gulf of Mexico). (b) Repeal of provisions relating to Planning Areas offshore Alaska Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking and in the Planning Areas offshore Alaska . III OCS Facility Inspections 301. Short title This title may be cited as the No Free Inspections for Oil Companies Act . 302. OCS facility inspection fees Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end of the section the following: (g) Inspection Fees (1) Establishment The Secretary of the Interior shall establish, by rule, and collect from the operators of facilities subject to inspection under subsection (c) nonrefundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean energy enforcement fund There is established in the Treasury a fund, to be known as the Ocean Energy Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees Notwithstanding section 3302 of title 31, United States Code, all amounts collected by the Secretary under this section— (A) shall be credited as offsetting collections; (B) shall be available for expenditure only for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (C) shall be available only to the extent provided for in advance in an appropriations Act; and (D) shall remain available until expended. (4) Annual reports (A) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year. . IV Repeal of Fossil Fuel Subsidies For Large Oil Companies 401. Short title This Act may be cited as the End Big Oil Tax Subsidies Act of 2013 . 402. Amortization of geological and geophysical expenditures (a) In general Subparagraph (A) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by striking major integrated oil company and inserting covered large oil company . (b) Covered large oil company Paragraph (5) of section 167(h) of such Act is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) Covered large oil company For purposes of this paragraph, the term covered large oil company means a taxpayer which— (i) is a major integrated oil company, or (ii) has gross receipts in excess of $50,000,000 for the taxable year. For purposes of clause (ii), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (c) Conforming amendment The heading for paragraph (5) of section 167(h) of such Code is amended by inserting and other large taxpayers . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2012. 403. Producing oil and gas from marginal wells (a) In general Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Exception for taxpayer with gross receipts in excess of $50,000,000 (1) In general Subsection (a) shall not apply to any taxpayer whose aggregate gross receipts for the taxable year are in excess of $50,000,000. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2012. 404. Enhanced oil recovery credit (a) In general Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Exception for taxpayer with gross receipts in excess of $50,000,000 (1) In general Subsection (a) shall not apply to any taxpayer whose aggregate gross receipts for the taxable year are in excess of $50,000,000. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2012. 405. Intangible drilling and development costs in the case of oil and gas wells (a) In general Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer has aggregate gross receipts for the taxable year in excess of $50,000,000, determined by deeming all persons treated as a single employer under subsections (a) and (b) of section 52 as 1 person. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2012. 406. Percentage depletion (a) In general Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Exception for taxpayer with gross receipts in excess of $50,000,000 (1) In general This section and section 611 shall not apply to any taxpayer which has aggregate gross receipts for the taxable year in excess of $50,000,000. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Conforming amendment Section 613A(c)(1) of such Code is amended by striking subsection (d) and inserting subsections (d) and (f) . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 407. Tertiary injectants (a) In general Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Exception for taxpayer with gross receipts in excess of $50,000,000 (1) In general Subsection (a) shall not apply to any taxpayer which has aggregate gross receipts for the taxable year in excess of $50,000,000. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendment made by this section shall apply to expenses incurred after December 31, 2012. 408. Passive activity losses and credits limited (a) Rules relating to working interests in oil and gas property Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (C) Exception for taxpayer with gross receipts in excess of $50,000,000 (i) In general Subparagraph (A) shall not apply to any taxpayer which has aggregate gross receipts for the taxable year in excess of $50,000,000. (ii) Aggregation rule For purposes of clause (i), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 409. Income attributable to domestic production activities (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)) 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 this section shall apply to taxable years beginning after December 31, 2012. 410. Prohibition on using last-in, first-out accounting for major integrated oil companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Major integrated oil companies Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)) may not use the method provided in subsection (b) in inventorying of any goods. . (b) Effective date and special rule (1) In general The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2012. (2) Change in method of accounting In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. 411. Modifications of foreign tax credit rules applicable to dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2012. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr601ih/xml/BILLS-113hr601ih.xml |
113-hr-602 | I 113th CONGRESS 1st Session H. R. 602 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.
1. Short title This Act may be cited as the Veterans 2nd Amendment Protection Act . 2. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a) In general Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others. . (b) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . | https://www.govinfo.gov/content/pkg/BILLS-113hr602ih/xml/BILLS-113hr602ih.xml |
113-hr-603 | I 113th CONGRESS 1st Session H. R. 603 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia, headed by a locally elected and independent District Attorney, and for other purposes.
1. Short title This Act may be cited as the District of Columbia District Attorney Establishment Act of 2013 . 2. Establishment of Office of the District Attorney for the District of Columbia (a) In general Part F of title IV of the District of Columbia Home Rule Act (sec. 1–204.91 et seq., D.C. Official Code) is amended by adding at the end the following new section: 497. Office of the District Attorney for the District of Columbia (a) Establishment There is hereby established the Office of the District Attorney for the District of Columbia (hereafter in this section referred to as the Office ), to be headed by the District Attorney for the District of Columbia (hereafter in this section referred to as the District Attorney ). (b) General powers and duties The District Attorney shall be the chief legal officer for the District of Columbia, and in the performance of such duties shall— (1) prosecute the local criminal laws of the District of Columbia, including violations committed by both adult and juvenile offenders, and perform any related functions as provided by local law in the District of Columbia; and (2) have the authority to perform civil enforcement and other legal functions as provided by local law in the District of Columbia. (c) General qualifications (1) In general No individual may serve as District Attorney unless the individual— (A) is a qualified elector; (B) is domiciled in the District; (C) has resided and been domiciled in the District for at least one year immediately preceding the day on which the general or special election for such office is to be held; (D) holds no other public office for which he or she is compensated in an amount in excess of his or her actual expenses in connection therewith, except that nothing in this clause shall prohibit any such individual, while District Attorney, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a Reserve component of an armed force of the United States, other than a person serving on active duty under a call for more than thirty days; and (E) is admitted to the practice of law in the District, is registered with the District of Columbia Bar as an active practitioner, and has not been and is currently not disbarred or suspended from practice in any jurisdiction. (2) Restrictions on private practice The District Attorney shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law. (3) Forfeiture of Office The District Attorney shall forfeit the office upon failure to maintain the qualifications required by this subsection. (d) Elections; filling vacancies; initial appointment (1) Elections The District Attorney shall be elected on a partisan basis by the registered qualified electors of the District. The term of office of the District Attorney shall be four years, except as provided in paragraph (3), and shall begin at noon on January 2 of the year following the election. The District Attorney’s term of office shall coincide with the term of the Mayor. The first election for the District Attorney shall take place in 2012. (2) Vacancies To fill a vacancy for the position of District Attorney, the Board of Elections and Ethics shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this subsection. The person shall take office on the day in which the Board of Elections and Ethics certifies his or her election and shall serve as District Attorney only for the remainder of the term during which such vacancy occurred. (3) Initial appointment Not later than 30 days after the date of the enactment of the District of Columbia District Attorney Establishment Act of 2013, the Mayor, by resolution, shall appoint a District Attorney who shall serve until succeeded by an elected District Attorney. The proposed resolution shall be submitted to the Council for a 30-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 30-day review period, the resolution shall be deemed approved. . (b) Clerical amendment The table of sections of part F of title IV of the District of Columbia Home Rule Act is amended by adding at the end the following new item: Sec. 497. Office of the District Attorney for the District of Columbia . 3. Responsibility of District Attorney for the District of Columbia for conduct of all prosecutions (a) In general Section 23–101, D.C. Official Code, is amended by striking subsections (a) through (f) and inserting the following: (a) Prosecutions for violations of all police or municipal ordinances or regulations of the District of Columbia and for violations of all penal statutes of the District of Columbia in the nature of police or municipal regulations shall be conducted in the name of the District of Columbia by the District Attorney for the District of Columbia or the District Attorney’s assistants, except as may otherwise be provided in any such ordinance, regulation, or statute. (b) An indictment or information brought in the name of the United States in the United States District Court for the District of Columbia may include charges of offenses prosecutable by the District of Columbia if the District Attorney for the District of Columbia consents to the inclusion of such charges in writing. (c) An indictment or information brought in the name of the District of Columbia in the Superior Court of the District of Columbia may be joined for trial in the United States District Court for the District of Columbia with an indictment or information brought in that court if the offenses charged therein could have been joined in the same indictment or information and if the District Attorney for the District of Columbia consents to such joinder. (d) Nothing in this section shall affect the authority of the Attorney General of the United States or the United States Attorney for the District of Columbia to exercise jurisdiction concerning violations of the laws of the United States. . (b) Conforming amendments (1) Appeals Section 23–104, D.C. Official Code, is amended by striking Corporation Counsel each place it appears in subsections (a)(1), (b), and (d), and inserting District Attorney for the District of Columbia . (2) Proceedings to establish previous convictions Section 23–111(a)(1), D.C. Official Code, is amended by striking Corporation Counsel and inserting District Attorney for the District of Columbia . (3) Definition of prosecutor Section 23–501, D.C. Official Code, is amended by striking Corporation Counsel of the District of Columbia and inserting District Attorney for the District of Columbia . (c) Effective date The amendments made by this section shall apply with respect to violations of District of Columbia ordinances, regulations, and statutes which occur after the expiration of the 6-month period which begins on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr603ih/xml/BILLS-113hr603ih.xml |
113-hr-604 | I 113th CONGRESS 1st Session H. R. 604 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Ms. Pingree of Maine introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for the eligibility under the Post-9/11 Educational Assistance Program of certain individuals with service-connected disabilities who transfer to reserve components before discharge from the Armed Forces.
1. Short title This Act may be cited as the Chris Kotch VA Education Access Act . 2. Eligibility for Post-9/11 Educational Assistance Program of certain individuals with service-connected disabilities who transfer to reserve components before discharge from the Armed Forces (a) Eligibility Section 3311(b)(2)(B) of title 38, United States Code, is amended by striking is discharged or released from active duty in the Armed Forces and inserting is discharged or released from the Armed Forces or transferred to the temporary disability retirement list . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the Post-9/11 Veterans Educational Assistance Act of 2008 ( Public Law 110–252 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr604ih/xml/BILLS-113hr604ih.xml |
113-hr-605 | I 113th CONGRESS 1st Session H. R. 605 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude insurance companies from the Federal Depository Insurance Corporation’s orderly liquidation authority .
1. Short title This Act may be cited as the Insurance Consumer Protection and Solvency Act of 2013 . 2. Liquidation authority (a) Definition of financial company Clause (iii) of section 201(a)(11)(B) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381(a)(11)(B)(iii) ) is amended by inserting an insurance company or after other than . (b) Treatment of insurance companies and subsidiaries Subsection (e) of section 203 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5383(e) ) is amended— (1) in paragraph (1)— (A) by striking if an insurance company is a covered financial company or a subsidiary or affiliate of a covered financial company, ; and (B) by striking such insurance and inserting an insurance ; and (2) by striking paragraph (3). (c) Assessments Paragraph (1) of section 210(o) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5390(o)(1) ) is amended by inserting , excluding an insurance company subject to assessment pursuant to applicable State law to cover (or reimburse payments made to cover) the costs of rehabilitation, liquidation, or other State insolvency proceeding with respect to 1 or more insurance companies, after $50,000,000,000 each place such term appears. | https://www.govinfo.gov/content/pkg/BILLS-113hr605ih/xml/BILLS-113hr605ih.xml |
113-hr-606 | I 113th CONGRESS 1st Session H. R. 606 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Reed (for himself, Ms. Meng , Mr. Nadler , Mr. Gibson , Mr. Hanna , Mr. Crowley , Mr. Collins of New York , Mr. Israel , Mr. Tonko , Mr. Owens , Mr. Engel , Mr. Maffei , Mr. Bishop of New York , Ms. Clarke , Ms. Slaughter , Mr. Grimm , Mr. Meeks , Mr. King of New York , Mr. Higgins , Mrs. Carolyn B. Maloney of New York , Mr. Rangel , Mrs. Lowey , Mr. Jeffries , Mr. Serrano , Ms. Velázquez , Mr. Sean Patrick Maloney of New York , and Mrs. McCarthy 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 815 County Road 23 in Tyrone, New York, as the Specialist Christopher Scott Post Office Building .
1. Specialist Christopher Scott Post Office Building (a) Designation The facility of the United States Postal Service located at 815 County Road 23 in Tyrone, New York, shall be known and designated as the Specialist Christopher Scott 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 Christopher Scott Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-113hr606ih/xml/BILLS-113hr606ih.xml |
113-hr-607 | I 113th CONGRESS 1st Session H. R. 607 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Mr. Thornberry introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Education and the Workforce , Ways and Means , the Judiciary , Natural Resources , Rules , Appropriations , House Administration , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To delay until 2016 provisions of the Patient Protection and Affordable Care Act scheduled to take effect in 2014 or 2015 and to delay the application of sequestration until 2014.
1. Delay in certain PPACA provisions until 2016 Notwithstanding any other provision of law, any provision of (including any amendment made by) the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or of title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2011 (Public Law 111–152) that is otherwise scheduled to take effect in 2014 or 2015 shall not take effect until January 1, 2016. 2. Elimination of fiscal year 2013 sequestrations (a) Elimination of automatic section 251A sequestration for fiscal year 2013 Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) (A) In paragraph (3), strike 2013 and insert 2014 . (B) In paragraph (3), insert and at the end of subparagraph (C), strike ; and and insert a period at the end of subparagraph (D), and strike subparagraph (E). (2) In paragraph (4), strike On March 1, 2013, for fiscal year 2013, and in and insert In . (3) In paragraph (5), strike 2013 and insert 2014 . (4) In paragraph (6), strike 2013 and insert 2014 . (5) In paragraph (7), strike subparagraph (A), strike (B) Fiscal years 2014-2021. , move the remaining text 2 ems to the left, strike (i) and insert (A) , and strike (ii) and insert (B) . (b) Elimination of sequestration under section 251 for fiscal year 2013 Notwithstanding section 254(f)(5) of the Balanced Budget and Emergency Deficit Control Act of 1985, the President shall not issue an order under such section to carry out any sequestration that the Director of the Office of Management and Budget estimates is required for fiscal year 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr607ih/xml/BILLS-113hr607ih.xml |
113-hr-608 | V 113th CONGRESS 1st Session H. R. 608 IN THE HOUSE OF REPRESENTATIVES February 8, 2013 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Maria Eva Duran, Jessica Duran Cortes, Daniel Ivan Duran Cortes, and Jose Antonio Duran Cortes.
1. Permanent resident status for Maria Eva Duran, Jessica Duran Cortes, Daniel Ivan Duran Cortes, and Jose Antonio Duran Cortes (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Maria Eva Duran, Jessica Duran Cortes, Daniel Ivan Duran Cortes, and Jose Antonio Duran Cortes 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 Maria Eva Duran, Jessica Duran Cortes, Daniel Ivan Duran Cortes, or Jose Antonio Duran Cortes 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 Maria Eva Duran, Jessica Duran Cortes, Daniel Ivan Duran Cortes, and Jose Antonio Duran Cortes, the Secretary of State shall instruct the proper officer to reduce by 4, 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 Maria Eva Duran, Jessica Duran Cortes, Daniel Ivan Duran Cortes, and Jose Antonio Duran Cortes shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr608ih/xml/BILLS-113hr608ih.xml |
113-hr-609 | I 113th CONGRESS 1st Session H. R. 609 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Blumenauer (for himself, Mr. Markey , Ms. Schakowsky , Mr. Conyers , Ms. Pingree of Maine , Ms. Norton , Ms. McCollum , Mr. DeFazio , Ms. Slaughter , Mr. Nadler , Ms. DeLauro , Mr. Moran , Mr. Grijalva , Mr. Polis , Ms. Tsongas , Mr. Langevin , Ms. Lee of California , Mr. Quigley , Mr. Cicilline , Ms. Speier , Mr. Van Hollen , Mr. McGovern , Mr. Welch , Mr. Connolly , Mr. Honda , Mrs. Capps , and Mr. Waxman ) 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 repeal fossil fuel subsidies for large oil companies.
1. Short title This Act may be cited as the End Big Oil Tax Subsidies Act of 2013 . 2. Amortization of geological and geophysical expenditures (a) In general Subparagraph (A) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by striking major integrated oil company and inserting covered large oil company . (b) Covered large oil company Paragraph (5) of section 167(h) of such Act is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) Covered large oil company For purposes of this paragraph, the term covered large oil company means a taxpayer which— (i) is a major integrated oil company, or (ii) has gross receipts in excess of $50,000,000 for the taxable year. For purposes of clause (ii), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (c) Conforming amendment The heading for paragraph (5) of section 167(h) of such Code is amended by inserting and other large taxpayers . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 3. Producing oil and gas from marginal wells (a) In general Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Exception for taxpayer who is not small, independent oil and gas company (1) In general Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2013. 4. Enhanced oil recovery credit (a) In general Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Exception for taxpayer who is not small, independent oil and gas company (1) In general Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 5. Intangible drilling and development costs in the case of oil and gas wells (a) In general Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is not a small, independent oil and gas company, determined by deeming all persons treated as a single employer under subsections (a) and (b) of section 52 as 1 person. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 6. Percentage depletion (a) In general Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Exception for taxpayer who is not small, independent oil and gas company (1) In general This section and section 611 shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. (2) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Conforming amendment Section 613A(c)(1) of such Code is amended by striking subsection (d) and inserting subsections (d) and (f) . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 7. Tertiary injectants (a) In general Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Exception for taxpayer who is not small, independent oil and gas company (1) In general Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. (2) Exception for qualified carbon dioxide disposed in secure geological storage Paragraph (1) shall not apply in the case of any qualified tertiary injectant expense paid or incurred for any tertiary injectant that is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of by the taxpayer in secure geological storage (as defined by section 45Q(d)). (3) Aggregation rule For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . (b) Effective date The amendment made by this section shall apply to expenses incurred after December 31, 2013. 8. Passive activity losses and credits limited (a) In general Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (C) Exception for taxpayer who is not small, independent oil and gas company (i) In general Subparagraph (A) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. (ii) Aggregation rule For purposes of clause (i), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. . 9. Income attributable to domestic production activities (a) In general Section 199 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Exception for taxpayer who is not small, independent oil and gas company Subsection (a) shall not apply to the income derived from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof by any taxpayer which for the taxable year is an oil and gas company which is not a small, independent oil and gas company. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 10. Prohibition on using last-in, first-out accounting for major integrated oil companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Major integrated oil companies Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)) may not use the method provided in subsection (b) in inventorying of any goods. . (b) Effective date and special rule (1) In general The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2013. (2) Change in method of accounting In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. 11. Modifications of foreign tax credit rules applicable to dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign country or possession of the United States for any period with respect to combined foreign oil and gas income (as defined in section 907(b)(1)) shall not be considered a tax to the extent such amount exceeds the amount (determined in accordance with regulations) which would have been required to be paid if the taxpayer were not a dual capacity taxpayer. (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. . (b) Effective date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2013. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr609ih/xml/BILLS-113hr609ih.xml |
113-hr-610 | I 113th CONGRESS 1st Session H. R. 610 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Smith of New Jersey (for himself, Mr. Wolf , Mr. Gibson , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the establishment of the Tick-Borne Diseases Advisory Committee.
1. Establishment of a tick-borne diseases advisory committee (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the Committee ). (b) Duties The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can— (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (c) Membership (1) Appointed members (A) In general The Secretary shall appoint the voting members of the Committee from among individuals who are not officers or employees of the Federal Government. (B) Groups The voting members of the Committee shall include the following: (i) At least 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) At least 2 representatives of tick-borne disease voluntary organizations. (iii) At least 2 health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) At least 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments and national organizations that represent State and local health professionals. (C) Diversity In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons The Secretary shall designate the Assistant Secretary for Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Committee, through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum— (1) a description of the Committee’s functions; (2) a list of the Committee’s members and their affiliations; and (3) a summary of the Committee’s activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (f) Authorization of Appropriations Of the amounts made available to the Department of Health and Human Services for general departmental management for fiscal years 2013 through 2017, there is authorized to be appropriated $250,000 for each of such fiscal years to carry out this Act. Amounts made available to carry out this Act shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee. | https://www.govinfo.gov/content/pkg/BILLS-113hr610ih/xml/BILLS-113hr610ih.xml |
113-hr-611 | I 113th CONGRESS 1st Session H. R. 611 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Smith of New Jersey (for himself, Mr. Wolf , Mr. Gibson , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the expansion of Federal efforts concerning the prevention, education, treatment, and research activities related to Lyme and other tick-borne diseases, including the establishment of a Tick-Borne Diseases Advisory Committee.
1. Short title This Act may be cited as the Lyme and Tick-Borne Diseases Prevention, Education, and Research Act of 2013 . 2. Establishment of a tick-borne diseases advisory committee (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the Committee ). (b) Duties The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can— (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (c) Membership (1) Appointed members (A) In general The Secretary shall appoint the voting members of the Committee from among individuals who are not officers or employees of the Federal Government. (B) Groups The voting members of the Committee shall include the following: (i) At least 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) At least 2 representatives of tick-borne disease voluntary organizations. (iii) At least 2 health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) At least 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments and national organizations that represent State and local health professionals. (C) Diversity In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons The Secretary shall designate the Assistant Secretary of Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Committee, through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum— (1) a description of the Committee’s functions; (2) a list of the Committee’s members and their affiliations; and (3) a summary of the Committee’s activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (f) Authorization of Appropriations For the purpose of carrying out this section, there is authorized to be appropriated $250,000 for each of fiscal years 2014 through 2018. Amounts appropriated under the preceding sentence shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee. 3. Federal activities related to the diagnosis, surveillance, prevention, and research of lyme and other tick-borne diseases (a) In General The Secretary, acting as appropriate through the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Agency for Healthcare Research and Quality, as well as additional Federal agencies as the Secretary determines to be appropriate, and in consultation with the Tick-Borne Diseases Advisory Committee, shall provide for— (1) the conduct or support of activities described in paragraphs (1) through (4) of subsection (b); and (2) the coordination of all Federal programs and activities related to Lyme disease and other tick-borne diseases. (b) Activities The activities to be conducted or supported under subsection (a) include the following: (1) Development of diagnostic tests (A) The development of sensitive and more accurate diagnostic tools and tests, including a direct detection test for Lyme disease capable of distinguishing active infection from past infection. (B) Improving the efficient utilization of diagnostic testing currently available to account for the multiple clinical manifestations of both acute and chronic Lyme disease. (C) Providing for the timely evaluation of promising emerging diagnostic methods. (2) Surveillance and reporting (A) Accurately determining the prevalence of Lyme and other tick-borne disease. (B) Evaluating the feasibility of developing a reporting system for the collection of data on physician-diagnosed cases of Lyme disease that do not meet the surveillance criteria of the Centers for Disease Control and Prevention in order to more accurately gauge disease incidence. (C) Evaluating the feasibility of creating a national uniform reporting system including required reporting by laboratories in each State. (3) Prevention (A) The provision and promotion of access to a comprehensive, up-to-date clearinghouse of peer-reviewed information on Lyme and other tick-borne disease. (B) Increased public education related to Lyme and other tick-borne diseases through the expansion of the community-based education programs of the Centers for Disease Control and Prevention to include expansion of information access points to the public. (C) The creation of a physician education program that includes the full spectrum of scientific research related to Lyme and other tick-borne diseases. (D) The sponsoring of scientific conferences on Lyme and other tick-borne diseases, including reporting and consideration of the full spectrum of clinically based knowledge, with the first of such conferences to be held not later than 24 months after the date of the enactment of this Act. (4) Clinical outcomes research (A) The establishment of epidemiological research objectives to determine the long-term course of illness for Lyme disease. (B) Determination of the effectiveness of different treatment modalities by establishing treatment outcome objectives. (c) Authorization of appropriations For the purposes of carrying out this section and providing for additional research, prevention, and educational activities for Lyme and other tick-borne diseases, there is authorized to be appropriated $20,000,000 for each of fiscal years 2014 through 2018. Such authorization of appropriations is in addition to any other authorization of appropriations available for such purpose. Of the amounts authorized to be appropriated under this subsection— (1) for fiscal year 2014, at least $7,500,000 shall be for activities of the Centers for Disease Control and Prevention; and (2) for each of fiscal years 2015 through 2018, at least $5,000,000 shall be for activities of the Centers for Disease Control and Prevention. 4. Reports on lyme and other tick-borne diseases (a) In General Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Congress a report on the activities carried out under this Act. (b) Content Reports under subsection (a) shall contain— (1) a description of significant activities or developments related to the surveillance, diagnosis, treatment, education, or prevention of Lyme or other tick-borne diseases, including suggestions for further research and education; (2) a scientifically qualified assessment of Lyme and other tick-borne diseases, including both acute and chronic instances, related to the broad spectrum of empirical evidence of treating physicians, as well as published peer-reviewed data, that shall include recommendations for addressing research gaps in diagnosis and treatment of Lyme and other tick-borne diseases and an evaluation of treatment guidelines and their utilization; (3) a description of progress in the development of accurate diagnostic tools that are more useful in the clinical setting for both acute and chronic disease; (4) a description of activities for the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne diseases; and (5) a copy of the most recent annual report issued by the Tick-Borne Diseases Advisory Committee established in section 2 and an assessment of progress in achieving recommendations of that Committee. | https://www.govinfo.gov/content/pkg/BILLS-113hr611ih/xml/BILLS-113hr611ih.xml |
113-hr-612 | I 113th CONGRESS 1st Session H. R. 612 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Michaud (for himself, Mr. Ribble , Mr. Walz , Mr. Simpson , Mr. Schrader , and Mr. Young of Alaska ) 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 amend title 23, United States Code, with respect to vehicle weight limitations applicable to the Interstate System, and for other purposes.
1. Short title This Act may be cited as the Safe and Efficient Transportation Act of 2013 . 2. Modernized weight limitations for certain vehicles Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) Additional exception to weight requirements (1) In general Notwithstanding subsection (a), a State may authorize a vehicle with a maximum gross weight, including all enforcement tolerances, that exceeds the maximum gross weight otherwise applicable under subsection (a) to operate on the Interstate System routes in the State, if— (A) the vehicle is equipped with at least 6 axles; (B) the weight of any single axle on the vehicle does not exceed 20,000 pounds, including enforcement tolerances; (C) the weight of any tandem axle on the vehicle does not exceed 34,000 pounds, including enforcement tolerances; (D) the weight of any group of 3 or more axles on the vehicle does not exceed 51,000 pounds, including enforcement tolerances; and (E) the gross weight of the vehicle does not exceed 97,000 pounds, including enforcement tolerances. (2) Special Rules (A) Other exceptions not affected This subsection shall not restrict— (i) a vehicle that may operate under any other provision of this section or another Federal law; or (ii) a State’s authority with respect to a vehicle that may operate under any other provision of this section or another Federal law. (B) Increase in axle weight requirement A State may authorize a vehicle to exceed the maximum axle weight requirements under any one axle grouping in subparagraph (B), (C), or (D) of paragraph (1) by not more than 2,000 pounds. (3) State authorization A State seeking to authorize a vehicle to operate on the Interstate System routes within its boundaries under paragraph (1) or to increase the maximum axle weight requirements under paragraph (2) shall do so pursuant to authority provided under the laws of the State. (4) Reporting requirements (A) Annual report If a State authorizes vehicles described in paragraph (1) to operate on highway routes in the State in a fiscal year, the State shall submit to the Secretary for the fiscal year an annual report at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (i) An identification of highway routes in the State, including routes not on the Interstate System, on which the State authorizes vehicles described in paragraph (1) to operate. (ii) A description of the operating requirements and gross vehicle weight limits applicable to the vehicles described in paragraph (1). (iii) Safety statistics, including estimated vehicle miles traveled data, concerning the vehicles described in paragraph (1). (B) Public availability The Secretary shall make all information required under subparagraph (A) available to the public. (5) Termination The Secretary may terminate the operation of vehicles authorized under this subsection on a specific Interstate System route segment if the Secretary determines that such operation poses an unreasonable safety risk based on an engineering analysis or an analysis of safety data or any other applicable data the Secretary may use. (6) Waiver of highway funding reduction Notwithstanding subsection (a), the total amount of funds apportioned to a State under section 104(b)(1) for any period may not be reduced under subsection (a) if the State authorizes a vehicle described in paragraph (1) to operate on the Interstate System in the State in accordance with this subsection or subsection (k). (k) Vehicles lawfully operating on December 31, 2012 In addition to authority otherwise provided to a State under this section, a State may permit a vehicle with a gross vehicle weight that could have been lawfully operated on the Interstate System in the State on December 31, 2012, to operate on the Interstate System in that State upon the date of enactment of this subsection. . 3. Safe and efficient vehicle bridge infrastructure improvement program (a) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Safe and efficient vehicle bridge infrastructure improvement program (a) Establishment The Secretary shall establish a safe and efficient vehicle bridge infrastructure improvement program in accordance with this section. (b) Apportionment of funds to eligible States (1) In general On October 1 of each fiscal year, the Secretary shall apportion, in accordance with paragraph (2), the sums made available out of the Safe and Efficient Vehicle Trust Fund for that fiscal year to carry out this section. (2) Ratio to eligible States The sums made available out of the Safe and Efficient Vehicle Trust Fund shall be apportioned among eligible States in a ratio that— (A) the total vehicle miles traveled on Interstate System highways by vehicles authorized to travel on such highways pursuant to section 127(j) in each eligible State, as determined by the Secretary; bears to (B) the total vehicle miles traveled on Interstate System highways by vehicles authorized to travel on such highways pursuant to section 127(j) in all eligible States, as determined by the Secretary. (c) Eligible Projects An eligible State that receives an apportionment in a fiscal year under subsection (b) shall use the amounts of the apportionment for bridge projects eligible for assistance under this chapter that are located on the Interstate System. (d) Contract Authority Funds made available out of the Safe and Efficient Vehicle Trust Fund to carry out this section shall be available for obligation in the same manner as if the funds were made available from the Highway Trust Fund (other than the Mass Transit Account). (e) Eligible State defined In this section, the term eligible State means a State that authorizes a vehicle described in section 127(j) to operate on the Interstate System within its borders. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 171. Safe and efficient vehicle bridge infrastructure improvement program. . 4. Safe and efficient vehicle charges (a) In general Subsection (a) of section 4481 of the Internal Revenue Code of 1986 is amended by adding at the end the following: In the case of the use of any highway motor vehicle described in section 127(j) of title 23, United States Code, if that vehicle is used on the Interstate System with a gross weight in excess of 80,000 pounds, in lieu of the rate in the table, the rate shall be equal to the lesser of— (1) $100 per year, plus $22 for each 1,000 pounds (or fraction thereof) in excess of 55,000 pounds, or (2) $800 per year. . (b) Effective date The amendment made by this section shall apply to taxable periods beginning after the date of the enactment of this Act. 5. Safe and Efficient Vehicle Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to the trust fund code) is amended by adding at the end the following new section: 9512. Safe and Efficient Vehicle Trust Fund (a) Creation of fund There is hereby established in the Treasury of the United States a fund to be known as the Safe and Efficient Vehicle Trust Fund , consisting of such amounts as may be— (1) appropriated to the Safe and Efficient Vehicle Trust Fund as provided in this section, or (2) credited to the Safe and Efficient Vehicle Trust Fund as provided in section 9602(b). (b) Transfer to Safe and Efficient Vehicle Trust Fund of amounts equivalent to certain taxes There are hereby appropriated to the Safe and Efficient Vehicle Trust Fund amounts equivalent to the taxes received in the Treasury under section 4481(a) which are attributable to the use of any highway motor vehicle described in section 127(j) of title 23, United States Code, if that vehicle is used on the Interstate System with a gross weight in excess of 80,000 pounds. (c) Expenditures from Safe and Efficient Vehicle Trust Fund Amounts in the Safe and Efficient Vehicle Trust Fund shall be available, as provided by appropriations Acts, for fiscal years beginning 1 year after the date of the enactment of this section for projects eligible for assistance under section 171(c) of title 23, United States Code. . (b) Conforming amendments (1) Paragraph (1) of section 9503(b) of such Code is amended by striking the period at the end and inserting , and taxes received under section 4481 shall be determined without regard to those received in the Treasury under section 4481(a) which are attributable to the use of any highway motor vehicle described in section 127(j) of title 23, United States Code, if that vehicle is used on the Interstate System with a gross weight in excess of 80,000 pounds. . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: Sec. 9512. Safe and Efficient Vehicle Trust Fund. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr612ih/xml/BILLS-113hr612ih.xml |
113-hr-613 | I 113th CONGRESS 1st Session H. R. 613 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Campbell introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a market-based trigger to determine the capital adequacy of bank holding companies and decrease systemic risk, and for other purposes.
1. Short title This Act may be cited as the Systemic Risk Mitigation Act . 2. Definitions In this Act: (1) Average daily closing price (A) In general The term average daily closing price means the average daily closing price of a credit default swap on long-term subordinated debt of a bank holding company during a 30-day period. (B) Regulations The Board, through regulations, shall develop a method to determine the daily closing price of a credit default swap on long-term subordinated debt of a bank holding company and shall calculate the average daily closing price accordingly. (2) Bank holding company The term bank holding company has the same meaning given such term in section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 ), but shall only include such companies with total consolidated assets greater than or equal to $50,000,000,000. (3) Board The term Board means the Board of Governors of the Federal Reserve System. (4) Credit default swap The term credit default swap has the same meaning given the term swap agreement in section 206A of the Gramm-Leach-Bliley Act (15 U.S.C. 78c nt). (5) Long-term subordinated debt The term long-term subordinated debt means unsecured bonds or other debt instruments issued by a bank holding company that— (A) is subordinated to the claims of depositors or general creditors; and (B) has a maturity date not less than 5 years. (6) Stress test (A) In general The term stress test means an evaluation designed by the Board to determine whether a bank holding company— (i) has the capital, on a total consolidated basis, necessary to absorb losses as a result of adverse economic conditions; and (ii) is sufficiently capitalized to meet systemically important obligations. (B) Regulations The term systemically important obligation shall be defined in regulations prescribed by the Board. (7) Tier 1 capital The term tier 1 capital has the same meaning given in part 225 of title 12, Code of Federal Regulations, as in effect on the date of enactment of this Act, or any successor thereto. 3. Market-based trigger to determine adequacy of capital (a) Market-Based trigger (1) Greater than 50 basis points (A) In general In the case that the average daily closing price exceeds 50 basis points— (i) the Board shall notify the bank holding company that it needs to raise additional tier 1 capital in order to reduce such closing price below 50 basis points; (ii) not later than 14 days (or less if the Board makes a determination that conditions warrant a shorter period of time) after such notification under clause (i), such company shall submit to the Board an action plan detailing how the company intends on remediating its capital deficiency; (iii) such company has 30 days to implement the plan submitted under clause (ii) after such plan is approved by the Board; and (iv) if after the end of the 30-day period described in clause (iii) the average daily closing price exceeds 50 basis points, the Board and such company shall repeat clause (i) through (iii) until such closing price is less than or equal to 50 basis points. (B) Appeal (i) In general A bank holding company may appeal the findings of the Board under subparagraph (A) and request that the Board conduct a stress test. (ii) Tolling An appeal made pursuant to clause (i) shall toll any deadline specified under subparagraph (A) until the conclusion of the appeals process. (iii) Capital deficiency If the Board determines, after conducting a stress test pursuant to clause (i), that the bank holding company has a capital deficiency, the Board and the bank holding company shall repeat clause (i) through (iii) of subparagraph (A) in accordance with clause (iv) of such subparagraph. (2) Greater than 75 basis points In the case that the average daily closing price exceeds 75 basis points— (A) the Board shall notify the bank holding company in accordance with clause (i) of paragraph (1)(A); (B) such company shall submit and implement an action plan in accordance with clause (ii) and (iii) of paragraph (1)(A); (C) the Board may suspend or limit dividends paid by the bank holding company until such company’s average daily closing price is less than or equal to 50 basis points; (D) the Board shall notify the company that it will be placed into receivership in accordance with paragraph (3) if the average daily closing price exceeds 100 basis points; (E) the Board shall conduct a stress test; and (F) if the Board determines, after conducting a stress test pursuant to subparagraph (E), that such company has a capital deficiency, not later than 14 days (or less if the Board makes a determination that conditions warrant a shorter period of time) after such stress test is completed, such company shall submit and implement an action plan in accordance with clause (ii) and (iii) of paragraph (1)(A). (3) Greater than 100 basis points In the case that the average daily closing price exceeds 100 basis points, the Board shall place the company into receivership in accordance with the orderly liquidation authority provided under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381 et seq. ). (b) Failure To submit action plan A failure by a bank holding company to submit an action plan pursuant to subsection (a) within the time period required under such subsection shall result in the Board placing such company into receivership as described in subsection (a)(3). (c) Limitation on claims for holders of long-Term subordinated debt Any entity that is a holder of long-term subordinated debt of a bank holding company that has been placed into receivership pursuant to this section shall receive the lesser of— (1) 80 percent of the face value of such debt; or (2) the residual value of such company after all other claims of other creditors have been satisfied. (d) Subordinated debt requirement (1) In general The Board shall require each bank holding company to issue and maintain long-term subordinated debt in an amount greater than or equal to 15 percent of the total consolidated assets of such company. (2) Deadline A bank holding company shall meet the requirement set forth in paragraph (1) no later than the effective date of this section. (3) Failure to meet requirement If a bank holding company fails to meet the requirement set forth in paragraph (1), such company shall submit a plan to the Board describing the steps the company will take to meet such requirement. (e) Effective date This section shall take effect 2 years after the date of the enactment of this Act. 4. Repeal (a) Prohibitions on proprietary trading Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 ) is repealed. (b) Enhanced Prudential Standards Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr613ih/xml/BILLS-113hr613ih.xml |
113-hr-614 | I 113th CONGRESS 1st Session H. R. 614 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish the Commission on American Discoveries and American Jobs to study and recommend improvements to the Federal funding of research.
1. Short title This Act may be cited as the American Discoveries and American Jobs Commission Act of 2013 . 2. Establishment There is established a commission to be known as the Commission on American Discoveries and American Jobs (in this Act referred to as the Commission ). 3. Findings Congress finds the following: (1) The Federal Government is estimated to have spent $147,400,000,000 in fiscal year 2010 on research and development (not including funds allocated under the American Recovery and Reinvestment Act ( Public Law 111–5 )) to meet the mission requirements of the Federal departments and agencies. (2) Federal Government research and development has led to new products and processes for the commercial marketplace, including antibiotics, plastics, airplanes, computers, microwaves, and bioengineered drugs. (3) There are many other technologies and techniques generated in the Federal laboratory system that could have market value if further developed by the industrial community, and the knowledge base created by the research and development activities of such system can serve as a foundation for additional commercially relevant efforts in the private sector. (4) Technological progress is responsible for up to half the growth of the United States economy and is the principal driving force behind long-term economic growth and increases in our standard of living. (5) It is only through commercialization, a function of the business sector, that a significant stimulus to economic growth occurs. Thus, there is congressional interest in accelerating development and commercialization activities in the private sector through legislation. (6) Royalties derived from intellectual property rights provide the academic community a way to support further research and the business sector a means to obtain a return on their financial contributions to such research. 4. Duties of Commission (a) Study The Commission shall conduct a study to examine— (1) the state of technology transfer from federally funded research to the private sector; (2) the possibilities for the Federal Government to collect royalties from early research that leads to the commercialization of a profitable product or technology; (3) the potential adverse consequences of such royalties on technology transfer, commercialization, and economic growth; and (4) the potential benefits of reinvesting revenues from Federal royalties into science, technology, engineering, and math education, and seeding future federally funded research; (b) Report Not later than one year after the first meeting of the Commission, the Commission shall submit to Congress a written report of the results of the study conducted under subsection (a) and recommendations of regulatory and statutory changes that would enable the Federal Government to— (1) claim royalties from the investment of the Federal Government in early research; (2) reinvest such royalties in science, technology, engineering, and math education and future Federal research; (3) ensure products resulting from Federal research are manufactured in the United States; and (4) affix a symbol, marker, or insignia on commercialized products to show that they had originated from federally supported research. 5. Staff of Commission; experts and consultants (a) Staff The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS–15 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants The Commission may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under section 5332 of such title. 6. Membership (a) Number and appointment (1) Appointment The Commission shall be composed of nine members appointed, not later than 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Two members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the minority leader of the House of Representatives. (D) Two members shall be appointed by the President pro tempore of the Senate. (E) One member shall be appointed by the minority leader of the Senate. (2) Qualifications All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, or experience, particularly in the fields of scientific research and commercialization. (b) Terms Each member shall be appointed for the life of the Commission. (c) Vacancies A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (d) Compensation Members of the Commission shall be awarded compensation as follows: (1) Rates of pay Except as provided in paragraph (2), members shall each be paid at a rate equal to the daily equivalent of the annual rate of basic pay for grade GS–15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of Federal employees Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel Expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Quorum Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chair; Vice Chair The Commission shall elect a Chair and Vice Chair from among its members. The term of office of the Chair and Vice Chair shall be for the life of the Commission. (g) Meetings The Commission shall meet at the call of the President not later than 120 days after the date of the enactment of this Act or not later than 30 days after the date on which legislation is enacted making appropriations available to carry out this Act, whichever date is later. 7. Powers of Commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence relating to any matter under investigation by the Commission. The Commission may refer requests for testimony or evidence that are not fulfilled to the Committee on Oversight and Government Reform of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Powers of Members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Administrative Support Services The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chair of the Commission and the Administrator. (e) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for supplies, services, and property. 8. Termination The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report required under section 4(b). 9. Authorization of Appropriations There is authorized to be appropriated $2,500,000 to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr614ih/xml/BILLS-113hr614ih.xml |
113-hr-615 | I 113th CONGRESS 1st Session H. R. 615 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Honda (for himself, Mr. Cicilline , Mr. Conyers , Mr. Grijalva , and Mr. Michaud ) 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 market-based manufacturing incentives, and for other purposes.
1. Short title This Act may be cited as the Market Based Manufacturing Incentives Act of 2013 . 2. Credit for retail purchase of certain domestic products (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Domestic manufacturing consumer credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for any taxable year an amount equal to the applicable percentage of the aggregate amount paid or incurred by the taxpayer for specified products during any portion such taxable year which is part of the eligible period. (b) Applicable percentage; eligible period For purposes of this section— (1) Applicable percentage The term applicable percentage means, with respect to any specified product, the percentage (not less than 5 percent nor more than 20 percent) determined by the Commission under subsection (e)(4) with respect to such product. (2) Eligible period The term eligible period means, with respect to any specified product, the period (not less than 5 years nor more than 10 years) determined by the Commission under subsection (e)(5) with respect to such product. (3) Separate application to each specified product Subsection (a) shall be applied separately with respect to each of the specified products designated under subsection (e). (c) Specified product For purposes of this section— (1) In general The term specified product means any designated domestic product— (A) the original use of which commences with the taxpayer, and (B) which is acquired by the taxpayer for use or lease, but not for resale. (2) Designated domestic product The term designated domestic product means any designated product which has been certified by the Secretary as— (A) having been assembled in the United States, and (B) consisting at least 60 percent of components assembled or otherwise arising in the United States. (3) Designated product The term designated product means the 10 products designated by the Secretary, in consultation with the Commission, under subsection (e). (d) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used by the taxpayer in the conduct of a trade or business shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (e) Selection of designated products (1) In general The Secretary, in consultation with the Commission, shall designate 10 products for purposes of this section. (2) Eligible products A product shall not be eligible for designation under this section unless— (A) such product represents a technological innovation, and (B) the designation of such product has the potential to produce substantial long-term job opportunities in the United States. (3) Criteria for designation In making designations of products under this subsection, the Secretary shall take into consideration— (A) the number of jobs in the United States that the Secretary estimates will result (directly and indirectly) from the designation of such product, and (B) the speed with which such jobs are likely to be created. (4) Determination of credit percentage The Secretary, in consultation with the Commission, shall determine the applicable percentage which applies for purposes of subsection (a) with respect to each product designated under this subsection. Such percentage shall not be less than 5 percent and shall not be more than 20 percent. Such percentage shall be determined on the basis of the incentive needed with respect to each such product taking into account the market factors with respect to such product. (5) Determination of period during which credit allowed The Secretary, in consultation with the Commission, shall determine the eligible period which applies for purposes of subsection (a) with respect to each product designated under this subsection. Such period shall not be less than 5 years and shall not be more than 10 years. Such period shall be determined on the basis of the incentive needed with respect to each such product taking into account the market factors with respect to such product. (f) Other definitions and special rules For purposes of this section— (1) Commission The term Commission means the 21st Century American Manufacturing Commission established under section 3 of the Market Based Manufacturing Incentives Act of 2013 . (2) Reduction in basis For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). (3) No double benefit The amount of any deduction or other credit allowable under this chapter with respect to any property shall be reduced by the amount of the credit allowed under subsection (a) for such property (determined without regard to subsection (d)). (4) Property used by tax-exempt entity In the case of property whose use is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). For purposes of subsection (d), property to which this paragraph applies shall be treated as property used by the taxpayer in the conduct of a trade or business. (5) Property used outside United States, etc., not qualified No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). (6) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of the property). (7) Election to not take credit No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such property. (g) Termination This section shall not apply to property acquired after the date which is 10 years after the date of the enactment of this section. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the portion of the domestic manufacturing consumer credit to which section 30E(d)(1) applies. . (2) Section 1016(a) of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by adding at the end the following new paragraph: (38) to the extent provided in section 30E(f)(2). . (3) Section 6501(m) of such Code is amended by inserting 30E(f)(7), after 30D(e)(4), . (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30E. Domestic manufacturing consumer credit. . (c) CBO report The Congressional Budget Office shall, during the 3d, 5th, and 7th years after the effective date of the domestic manufacturing consumer credit (described in subsection (d)), report to Congress on the economic effects of such credit. Such report shall include the aggregate value of the domestic manufacturing consumer credits determined with respect to taxpayers under section 30E of the Internal Revenue Code of 1986 and an estimate of the economic activity stimulated by such credits. (d) Effective date The amendments made by this section shall apply to property acquired after the date which is 1 year after the date on which the 21st Century American Manufacturing Commission makes its recommendations to the Secretary of the Treasury under section 3(b) of this Act. 3. Establishment of 21st Century American Manufacturing Commission (a) In general There is established a commission to be known as the 21st Century American Manufacturing Commission. (b) Duties The Commission shall conduct research regarding appropriate products to make eligible for the tax credit provided by section 30E of the Internal Revenue Code of 1986 and shall make recommendations to the Secretary of the Treasury regarding which products should be designated for purposes of such section and the applicable percentage and eligible period which should be determined with respect to each such product. The commission shall make such recommendations to the Secretary of the Treasury not later than 6 months after the date of the enactment of this Act. (c) Membership (1) In general The Commission shall be composed of 10 members who shall be appointed by the Secretary of the Treasury or his designee not later than 30 days after the enactment of this Act. (2) Selection In determining who to appoint to the Commission, the Secretary of Treasury shall consider a geographically diverse group of individuals with experience in the areas of— (A) managing manufacturing companies, including businesses with fewer than 100 employees, (B) conducting manufacturing-related research and development, (C) commercialization of scientific innovation, (D) managing supply chain providers, (E) finance, and (F) analyzing manufacturing policy and economic competitiveness. (3) Political affiliation Not more than 5 members may be of the same political party. (4) Terms Each member shall be appointed for the life of the Commission. (5) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (6) Pay of members (A) In general Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay for grade GS–11 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (B) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Prevention of conflicts of interest and nepotism (A) Agreement The Secretary of the Treasury shall not appoint any individual to be a member of the Commission unless such individual has first signed an agreement with the Secretary to prevent conflicts of interest and nepotism. Such agreement shall include a requirement that the individual comply with the provisions of subparagraph (B) and shall include such penalties for failure to so comply as the Secretary determines appropriate. (B) Requirements A member of the Commission shall not, during the 5-year period beginning on the effective date of the domestic manufacturing consumer credit (described in section 2(d)), hold, directly or indirectly, any interest in any person associated with any designated product, any component of any designated product, or any equipment to manufacture any such product or component. An interest held in any fund held by such member shall be taken into account under the preceding sentence unless such fund is a broad-based index fund. Any interest held by such member prior to the beginning of such 5-year period which is not (consistent with the requirements of this subparagraph) permitted to be held during such period, shall be disposed of prior to such period. (d) Chairperson The Chairperson of the Commission shall be designated by the Secretary of the Treasury (or his designee) at the time of appointment. (e) Staff Any staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (f) Termination (1) In general Except as provided in paragraph (2), the Commission shall terminate 30 days after making recommendations to the Secretary of the Treasury described in subsection (b). (2) Extension At the request of the Secretary of the Treasury or his designee, the Commission shall continue in existence for such period as the Secretary may request but not later than 1 year after making such recommendations. | https://www.govinfo.gov/content/pkg/BILLS-113hr615ih/xml/BILLS-113hr615ih.xml |
113-hr-616 | I 113th CONGRESS 1st Session H. R. 616 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Honda (for himself and Mr. Carney ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified manufacturing facility construction costs.
1. Short title This Act may be cited as the Scaling Up Manufacturing Act of 2013 . 2. Credit for manufacturing facility costs (a) 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. Manufacturing facility expenditures (a) General rule For purposes of section 38, in the case of an eligible business, the manufacturing facility expenditure credit for any taxable year is an amount equal to 25 percent of the qualified facility construction expenditures of the taxpayer for the taxable year. (b) Eligible business For purposes of this section, the term eligible business means any corporation or partnership— (1) which is engaged in an active trade or business, (2) which is headquartered in the United States, (3) substantially all of the management or administrative activities of which are performed in the United States, (4) which has not (prior to placing into service the manufacturing facility designated for purposes of this section) placed in service a dedicated commercial manufacturing facility, (5) with respect to which all debt obligations issued by, and equity interests in, have a rating of B minus (or its substantial equivalent) or higher from a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934). (c) Qualified facility construction expenditures For purposes of this section— (1) In general The term qualified facility construction expenditures means amounts paid or incurred by the taxpayer— (A) for the construction of a facility (designated for purposes of this section by the taxpayer at such time and in such form and manner as the Secretary shall prescribe) in the United States to manufacture a qualified product (including amounts for professional services necessary for the planning of such construction), and (B) for the purchase of specialized equipment for use at such facility and required for the manufacture of such product. (2) Qualified product The term qualified product means any product which, prior to construction of the facility with respect to which a credit is allowed under this section, the taxpayer has produced and sold to a bona fide purchaser, and such purchaser has placed such product in service. (d) Special rules For purposes of this section— (1) Recapture (A) In general If, as of the close of any taxable year, there is a recapture event with respect to any facility of the taxpayer with respect to which a credit was allowed under this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of— (i) the applicable recapture percentage, and (ii) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified facility construction expenditures of the taxpayer described in subsection (c)(1) with respect to such facility had been zero. (B) Applicable recapture percentage (i) In general For purposes of this subsection, the applicable recapture percentage shall be determined in accordance with the following table: If the recapture event occurs in: The applicable recapture percentage is: Year 1 100 Year 2 80 Year 3 60 Year 4 40 Year 5 20 Years 6 and thereafter 0. (ii) Years For purposes of clause (i), year 1 shall begin on the first day of the taxable year in which the facility with respect to which a credit was allowed under this subsection was placed in service. (C) Recapture event For purposes of this paragraph— (i) In general A recapture event occurs with respect to any facility if— (I) the taxpayer becomes insolvent, or (II) the taxpayer disposes of the facility to another person who, at this time of the disposition, is not an eligible business. (ii) Special rule for facilities not placed in service within 5 years In the case of a facility with respect to which a credit is allowed under this section which is not placed in service before the close of the 5th taxable year beginning after the first taxable year for which the credit was so allowed, a recapture event shall be treated as having occurred with respect to such facility in year 1. (2) Credit may be assigned The amount of qualified facility construction expenditures with respect to a facility which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the initial taxpayer )— (A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and (B) shall not be taken into account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. (3) Controlled group All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. (4) Predecessor Any reference in this section to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. (5) Denial of double benefit For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property, the basis of such property shall be reduced by the amount of the credit so allowed. . (b) Denial of double benefit Section 280C of such Code is amended by inserting after subsection (h) the following new subsection: (i) Manufacturing facility expenditures No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45S for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S(a). . (c) Credit To be part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by inserting after paragraph (36) the following: (37) manufacturing facility expenditure credit determined under section 45S(a). . (d) Conforming amendment Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by adding at the end the following new paragraph: (38) to the extent provided in section 45S(d)(2). . (e) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr616ih/xml/BILLS-113hr616ih.xml |
113-hr-617 | I 113th CONGRESS 1st Session H. R. 617 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. McKinley (for himself, Mr. Rahall , and Mrs. Capito ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the Federal Building and United States Courthouse located at 1125 Chapline Street in Wheeling, West Virginia, as the Frederick P. Stamp, Jr. Federal Building and United States Courthouse .
1. Designation The Federal building and United States courthouse located at 1125 Chapline Street in Wheeling, West Virginia, shall be known and designated as the Frederick P. Stamp, Jr. Federal Building and United States Courthouse . 2. References Any reference in law, map, regulation, document, paper, or other record of the United States to the Federal Building and United States Courthouse referred to in section 1 shall be deemed to be a reference to the Frederick P. Stamp, Jr. Federal Building and United States Courthouse . | https://www.govinfo.gov/content/pkg/BILLS-113hr617ih/xml/BILLS-113hr617ih.xml |
113-hr-618 | I 113th CONGRESS 1st Session H. R. 618 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Michaud (for himself, Mr. Price of North Carolina , Ms. Bordallo , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to enter into voluntary, flexible agreements with certain guarantee agencies to provide delinquency prevention and default aversion services for borrowers and potential borrowers of Federal Direct Loans under the Higher Education Act of 1965, and for other purposes.
1. Short title This Act may be cited as the Student Loan Default Prevention Act . 2. Voluntary, flexible agreements (a) In general Section 428A of the Higher Education Act of 1965 ( 20 U.S.C. 1078–1 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c), the following: (d) Supplemental student loan services (1) In general Not later than 9 months after the date of enactment of the Student Loan Default Prevention Act and notwithstanding any other provision of this part, the Secretary shall, upon the request of an eligible guarantee agency, enter into a voluntary, flexible agreement with the guarantee agency, or revise the voluntary, flexible agreement previously entered into with the guarantee agency under this section, to provide for the services described in paragraph (3) for borrowers (including potential borrowers, if applicable) of loans made under this part or part D. (2) Eligibility For the purposes of this subsection, an eligible guarantee agency is a guarantee agency that has extensive and relevant experience and demonstrated effectiveness in providing the services described in paragraph (3). (3) Services (A) In general The services described in this paragraph for borrowers (including potential borrowers, if applicable) of loans made under this part or part D may include— (i) delinquency prevention and default aversion activities; (ii) collection of defaulted loans; (iii) monitoring of institutions participating in the program under part D; (iv) training of financial aid officials; and (v) informational outreach to schools and students in support of access to higher education and financial literacy. (B) Existing local services In carrying out the services described in subparagraph (A), an eligible guarantee agency shall provide localized services directly or through partnerships with other eligible guarantee agencies to assist borrowers and institutions of higher education. (4) Reasonable fees An agreement entered into or revised under this subsection shall include a provision regarding the fees that the Secretary shall pay to an eligible guarantee agency for carrying out services under the agreement. The determination of such fees shall be cost neutral and take into account savings resulting from the provision of such services as reasonably projected by the Secretary. (5) Public Notice The Secretary shall publish in the Federal Register a notice to all guarantee agencies that sets forth— (A) an invitation for the guarantee agencies to enter into or revise agreements under this subsection; and (B) the criteria that the Secretary will use for selecting the guarantee agencies with which the Secretary will enter into, or revise, agreements under this subsection. (6) Agreement notice The Secretary shall notify the members of the authorizing committees not later than 30 days prior to concluding an agreement under this subsection. (7) Public availability The text of any voluntary flexible agreements entered into or revised under this subsection shall be readily available to the public. . (b) Conforming amendment Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f) is amended by inserting or section 428A(d) after sections 428(b)) and (c) . | https://www.govinfo.gov/content/pkg/BILLS-113hr618ih/xml/BILLS-113hr618ih.xml |
113-hr-619 | I 113th CONGRESS 1st Session H. R. 619 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Nadler introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to place limitations on the possession, sale, and other disposition of a firearm by persons convicted of misdemeanor sex offenses against children.
1. Short title This Act may be cited as the Keep Kids Safe Act of 2013 . 2. Limits on possession, sale, and disposition of firearms by persons convicted of misdemeanor sex offenses against minors (a) Disposition of firearm Section 922(d) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor sex offense against a minor. . (b) Possession of firearm Section 922(g) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) who has been convicted in any court of a misdemeanor sex offense against a minor, . (c) Misdemeanor sex offense against a minor defined Section 921(a) of such title is amended by adding at the end the following: (36) (A) The term misdemeanor sex offense against a minor means a sex offense against a minor punishable by imprisonment for not more than one year. (B) The term sex offense means a criminal offense that has, as an element, a sexual act or sexual contact with another, or an attempt or conspiracy to commit such an offense. (C) The term minor means an individual who has not attained 18 years of age. (D) A person shall not be considered to have been convicted of a misdemeanor sex offense against a minor for purposes of this chapter— (i) unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for the offense for which a person was entitled to a jury trial in the jurisdiction in which the case was tried— (aa) the case was tried by a jury; or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or (ii) if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense), unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. . | https://www.govinfo.gov/content/pkg/BILLS-113hr619ih/xml/BILLS-113hr619ih.xml |
113-hr-620 | I 113th CONGRESS 1st Session H. R. 620 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate the Rachel Carson Nature Trail, and for other purposes.
1. Short title This Act may be cited as the Rachel Carson Nature Trail Designation Act of 2013 . 2. Findings Congress finds that Rachel Carson— (1) was born on May 27, 1907, on a farm in Springdale, Pennsylvania, graduated magna cum laude with a bachelor’s degree in biology from the Pennsylvania College for Women (later Chatham College), and was awarded a full scholarship that enabled her to obtain a master’s degree in marine zoology from Johns Hopkins University in Baltimore; (2) was a world-renowned environmental scientist, writer, and educator; (3) worked as a writer, editor, and ultimately Editor-in-Chief for the U.S. Fish and Wildlife Service’s publications department; (4) published the groundbreaking book Silent Spring in September 1962, which was translated into more than a dozen foreign languages and inspired the environmental movement; (5) used the National Park Service’s Glover Archbold Park in the District of Columbia for her observations and study of nature and the environment; (6) accomplished much of her professional work at the United States Department of the Interior in the District of Columbia; (7) performed research on pesticides, the findings of which were sustained by a Science Advisory Committee appointed during President John F. Kennedy’s administration, and resulted in State legislatures enacting pesticide-regulating legislation; (8) was inducted into the American Academy of Arts and Letters and received many other honors; (9) passed away on April 14, 1964, in Silver Spring, Maryland; and (10) leaves a rich legacy that will continue to benefit present and future generations well beyond the 50th anniversary of Silent Spring in September 2012. 3. Designation of the Rachel Carson Trail (a) Designation The trail located in Glover Archbold Park in the District of Columbia from Canal Road to Van Ness Street, designated by the National Park Service as Reservation 351 and 450, shall be designated and known as the Rachel Carson Nature Trail . (b) Reference Any reference in any law, regulations, document, record, map, paper, or other record of the United States to the trail referred to in subsection (a) is deemed to be a reference to the Rachel Carson Nature Trail . (c) Signage The Secretary of the Interior shall post signs on or near the Rachel Carson Nature Trail that include one or more of the following: (1) Information on Rachel Carson and her contributions to the environmental movement. (2) Images of Rachel Carson. (3) References to Rachel Carson’s efforts to educate others about the importance of environmental protection, conservation, and sustainability. | https://www.govinfo.gov/content/pkg/BILLS-113hr620ih/xml/BILLS-113hr620ih.xml |
113-hr-621 | I 113th CONGRESS 1st Session H. R. 621 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Poe of Texas (for himself, Mr. Conaway , Mr. Gohmert , Mr. Latta , Mr. Duncan of South Carolina , and Mrs. Black ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit funding for the Environmental Protection Agency to be used to implement or enforce a cap-and-trade program for greenhouse gases, and for other purposes.
1. Short title This Act may be cited as the Ensuring Affordable Energy Act . 2. Prohibition of funding for cap-and-trade program for greenhouse gases (a) Prohibition Notwithstanding any other provision of law, no funds appropriated or otherwise available for the Administrator of the Environmental Protection Agency may be used to implement or enforce— (1) a cap-and-trade program; or (2) any statutory or regulatory requirement pertaining to emissions of one or more greenhouse gases from stationary sources that is issued or becomes applicable or effective after the date of enactment of this Act, including— (A) any such requirement under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) or part C of title I of such Act (42 U.S.C. 7470 et seq.); and (B) any such permitting requirement under the Clean Air Act ( 42 U.S.C. 7401 et seq. ). (b) Definitions In this Act: (1) The term cap-and-trade program means any regulatory program established after the date of enactment of this Act that provides for the sale, auction, or other distribution of a limited amount of allowances that permit the emission of one or more greenhouse gases. (2) The term greenhouse gas includes, with respect to a cap-and-trade program under subsection (a)(1) or a requirement under subsection (a)(2), any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (G) Any other anthropogenic gas designated as a greenhouse gas for purposes of such cap-and-trade program or such requirement. (3) The term stationary source has the meaning given such term in section 111(a)(3) of the Clean Air Act ( 42 U.S.C. 7411(a)(3) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr621ih/xml/BILLS-113hr621ih.xml |
113-hr-622 | I 113th CONGRESS 1st Session H. R. 622 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Sablan (for himself, Mr. Holt , Mr. Pierluisi , Ms. Bordallo , Mr. Young of Alaska , Mr. Grijalva , Mr. Faleomavaega , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to develop, maintain, and administer an annex in Tinian, Commonwealth of the Northern Mariana Islands, as an extension of the American Memorial Park located in Saipan, and for other purposes.
1. American Memorial Park Annex in Tinian (a) Short title This section may be cited as the American Memorial Park Tinian Annex Act . (b) Findings Congress finds as follows: (1) In 2001 the National Park Service conducted a suitability and feasibility study of North Field on the island of Tinian, Commonwealth of the Northern Mariana Islands, for inclusion in the National Park System. (2) North Field Tinian is listed on the National Register of Historic Places as an historic district and has been designated a national historic landmark. (3) The Department of Defense holds a 50-year lease over North Field Tinian. (4) The National Park Service determined that North Field Tinian was suitable for inclusion as one of the most significant World War II sites in the Pacific because atomic bombs were flown to Hiroshima and Nagasaki from this site. (5) The National Park Service determined, however, that it was not feasible to include North Field Tinian as a unit of the National Park System because of the military’s future long term needs . (6) American Memorial Park on the island of Saipan, Commonwealth of the Northern Mariana Islands, is managed by the National Park Service, as authorized under Public Law 94–241 and Public Law 95–348 , to commemorate the World War II Marianas Campaign. (7) A Tinian Annex to the American Memorial Park could provide the opportunity for on and off site interpretation of North Field without conflicting with military needs. (c) Establishment Using existing facilities instead of developing new facilities to the extent practicable, the Secretary of the Interior, acting through the National Park Service, shall develop, maintain, and administer an annex in Tinian, Commonwealth of the Northern Mariana Islands, as an extension of the American Memorial Park located in Saipan, on an appropriate parcel of Tinian Public Land to be agreed upon by the National Park Service and the Governor of the Northern Mariana Islands in consultation with the Mayor of Tinian. The annex shall be used to— (1) interpret the important aspects of North Field by highlighting the historic events related to the World War II Marianas Campaign; and (2) serve as a curatorial storage of World War II artifacts. | https://www.govinfo.gov/content/pkg/BILLS-113hr622ih/xml/BILLS-113hr622ih.xml |
113-hr-623 | I 113th CONGRESS 1st Session H. R. 623 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources , 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 the conveyance of certain property located in Anchorage, Alaska, from the United States to the Alaska Native Tribal Health Consortium.
1. Short title This Act may be cited as the Alaska Native Tribal Health Consortium Land Transfer Act . 2. Conveyance of property (a) Definitions In this section: (1) ANTHC The term ANTHC means the Alaska Native Tribal Health Consortium. (2) Property The term property means the property described in subsection (d). (3) Secretary The term Secretary means the Secretary of Health and Human Services. (b) Conveyance As soon as practicable after the date of enactment of this Act, but not later than 30 days after that date, the Secretary shall convey to ANTHC all right, title, and interest of the United States in and to the property for use in connection with health and related programs. (c) Conditions The conveyance of the property under this Act— (1) shall be made by warranty deed; (2) shall not require any consideration from ANTHC for the property; (3) shall not impose any obligation, term, or condition on ANTHC; and (4) shall not allow for any reversionary interest of the United States in the property. (d) Description of property Subject to subsection (e), the property (including all improvements thereon and appurtenances thereto) to be conveyed under this Act is the Federal land commencing at the northwest corner of Tract A-3, plat number 87-47, Anchorage Recording District, marked with a 5/8” dia. rebar; thence N 89D 59’ 55” E, 456.03 feet along the north boundary of said tract; thence S 0D 01’ 52”E, 264.70 feet to and intersecting the north right of way line of Tudor Center Drive; thence westerly along the said north right of way, 47.91 feet on a curve to the left with radius of 900.00 feet and a chord of N 88D 48’ 30” W, 47.90 feet; thence along the said right of way, S 89D 45’ 21” W, 285.18 feet; thence along said right of way 125.33 feet on a curve to the left with radius of 400.00 feet, with a chord of S 80D 41’ 26” W, 124.82 feet, to the southwest corner of Tract A-3, marked by a 5/8” dia. rebar; thence N 0D 00’49” E, 285.10 feet to the point of commencement, containing 2.79 acres, more or less. (e) Survey (1) In general The exact acreage and legal description of the property to be conveyed under this Act shall be determined by a survey that is satisfactory to the Secretary. (2) Cost The full cost of the survey shall paid by ANTHC. (f) Environmental liability (1) In general Notwithstanding any other provision of Federal law, ANTHC shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination, including any oil or petroleum product, any hazardous substance, hazardous material, hazardous waste, pollutant, toxic substance, solid waste, or any other environmental contamination or hazard as defined in any Federal or State law, on the property as of the date of the conveyance. (2) Easement The Secretary shall be accorded any easement or access to the property as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty In carrying out this Act, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr623ih/xml/BILLS-113hr623ih.xml |
113-hr-624 | I 113th CONGRESS 1st Session H. R. 624 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Rogers of Michigan (for himself and Mr. Ruppersberger ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To provide for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities, and for other purposes.
1. Short title This Act may be cited as the Cyber Intelligence Sharing and Protection Act . 2. Cyber threat intelligence and information sharing (a) In general Title XI of the National Security Act of 1947 ( 50 U.S.C. 442 et seq. ) is amended by adding at the end the following new section: 1104. Cyber threat intelligence and information sharing (a) Intelligence community sharing of cyber threat intelligence with private sector and utilities (1) In general The Director of National Intelligence shall establish procedures to allow elements of the intelligence community to share cyber threat intelligence with private-sector entities and utilities and to encourage the sharing of such intelligence. (2) Sharing and use of classified intelligence The procedures established under paragraph (1) shall provide that classified cyber threat intelligence may only be— (A) shared by an element of the intelligence community with— (i) a certified entity; or (ii) a person with an appropriate security clearance to receive such cyber threat intelligence; (B) shared consistent with the need to protect the national security of the United States; and (C) used by a certified entity in a manner which protects such cyber threat intelligence from unauthorized disclosure. (3) Security clearance approvals The Director of National Intelligence shall issue guidelines providing that the head of an element of the intelligence community may, as the head of such element considers necessary to carry out this subsection— (A) grant a security clearance on a temporary or permanent basis to an employee or officer of a certified entity; (B) grant a security clearance on a temporary or permanent basis to a certified entity and approval to use appropriate facilities; and (C) expedite the security clearance process for a person or entity as the head of such element considers necessary, consistent with the need to protect the national security of the United States. (4) No right or benefit The provision of information to a private-sector entity or a utility under this subsection shall not create a right or benefit to similar information by such entity or such utility or any other private-sector entity or utility. (5) Restriction on disclosure of cyber threat intelligence Notwithstanding any other provision of law, a certified entity receiving cyber threat intelligence pursuant to this subsection shall not further disclose such cyber threat intelligence to another entity, other than to a certified entity or other appropriate agency or department of the Federal Government authorized to receive such cyber threat intelligence. (b) Use of cybersecurity systems and sharing of cyber threat information (1) In general (A) Cybersecurity providers Notwithstanding any other provision of law, a cybersecurity provider, with the express consent of a protected entity for which such cybersecurity provider is providing goods or services for cybersecurity purposes, may, for cybersecurity purposes— (i) use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property of such protected entity; and (ii) share such cyber threat information with any other entity designated by such protected entity, including, if specifically designated, the Federal Government. (B) Self-protected entities Notwithstanding any other provision of law, a self-protected entity may, for cybersecurity purposes— (i) use cybersecurity systems to identify and obtain cyber threat information to protect the rights and property of such self-protected entity; and (ii) share such cyber threat information with any other entity, including the Federal Government. (2) Sharing with the Federal Government (A) Information shared with the National Cybersecurity and Communications Integration Center of the Department of Homeland Security Subject to the use and protection of information requirements under paragraph (3), the head of a department or agency of the Federal Government receiving cyber threat information in accordance with paragraph (1) shall provide such cyber threat information to the National Cybersecurity and Communications Integration Center of the Department of Homeland Security. (B) Request to share with another department or agency of the Federal Government An entity sharing cyber threat information that is provided to the National Cybersecurity and Communications Integration Center of the Department of Homeland Security under subparagraph (A) or paragraph (1) may request the head of such Center to, and the head of such Center may, provide such information to another department or agency of the Federal Government. (3) Use and protection of information Cyber threat information shared in accordance with paragraph (1)— (A) shall only be shared in accordance with any restrictions placed on the sharing of such information by the protected entity or self-protected entity authorizing such sharing, including appropriate anonymization or minimization of such information; (B) may not be used by an entity to gain an unfair competitive advantage to the detriment of the protected entity or the self-protected entity authorizing the sharing of information; (C) if shared with the Federal Government— (i) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); (ii) shall be considered proprietary information and shall not be disclosed to an entity outside of the Federal Government except as authorized by the entity sharing such information; (iii) shall not be used by the Federal Government for regulatory purposes; (iv) shall not be provided by the department or agency of the Federal Government receiving such cyber threat information to another department or agency of the Federal Government under paragraph (2)(A) if— (I) the entity providing such information determines that the provision of such information will undermine the purpose for which such information is shared; or (II) unless otherwise directed by the President, the head of the department or agency of the Federal Government receiving such cyber threat information determines that the provision of such information will undermine the purpose for which such information is shared; and (v) shall be handled by the Federal Government consistent with the need to protect sources and methods and the national security of the United States; and (D) shall be exempt from disclosure under a State, local, or tribal law or regulation that requires public disclosure of information by a public or quasi-public entity. (4) Exemption from liability No civil or criminal cause of action shall lie or be maintained in Federal or State court against a protected entity, self-protected entity, cybersecurity provider, or an officer, employee, or agent of a protected entity, self-protected entity, or cybersecurity provider, acting in good faith— (A) for using cybersecurity systems to identify or obtain cyber threat information or for sharing such information in accordance with this section; or (B) for decisions made based on cyber threat information identified, obtained, or shared under this section. (5) Relationship to other laws requiring the disclosure of information The submission of information under this subsection to the Federal Government shall not satisfy or affect— (A) any requirement under any other provision of law for a person or entity to provide information to the Federal Government; or (B) the applicability of other provisions of law, including section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), with respect to information required to be provided to the Federal Government under such other provision of law. (c) Federal Government use of information (1) Limitation The Federal Government may use cyber threat information shared with the Federal Government in accordance with subsection (b)— (A) for cybersecurity purposes; (B) for the investigation and prosecution of cybersecurity crimes; (C) for the protection of individuals from the danger of death or serious bodily harm and the investigation and prosecution of crimes involving such danger of death or serious bodily harm; (D) for the protection of minors from child pornography, any risk of sexual exploitation, and serious threats to the physical safety of minors, including kidnapping and trafficking and the investigation and prosecution of crimes involving child pornography, any risk of sexual exploitation, and serious threats to the physical safety of minors, including kidnapping and trafficking, and any crime referred to in section 2258A(a)(2) of title 18, United States Code; or (E) to protect the national security of the United States. (2) Affirmative search restriction The Federal Government may not affirmatively search cyber threat information shared with the Federal Government under subsection (b) for a purpose other than a purpose referred to in paragraph (1)(B). (3) Anti-tasking restriction Nothing in this section shall be construed to permit the Federal Government to— (A) require a private-sector entity to share information with the Federal Government; or (B) condition the sharing of cyber threat intelligence with a private-sector entity on the provision of cyber threat information to the Federal Government. (4) Protection of sensitive personal documents The Federal Government may not use the following information, containing information that identifies a person, shared with the Federal Government in accordance with subsection (b): (A) Library circulation records. (B) Library patron lists. (C) Book sales records. (D) Book customer lists. (E) Firearms sales records. (F) Tax return records. (G) Educational records. (H) Medical records. (5) Notification of non-cyber threat information If a department or agency of the Federal Government receiving information pursuant to subsection (b)(1) determines that such information is not cyber threat information, such department or agency shall notify the entity or provider sharing such information pursuant to subsection (b)(1). (6) Retention and use of cyber threat information No department or agency of the Federal Government shall retain or use information shared pursuant to subsection (b)(1) for any use other than a use permitted under subsection (c)(1). (7) Protection of individual information The Federal Government may, consistent with the need to protect Federal systems and critical information infrastructure from cybersecurity threats and to mitigate such threats, undertake reasonable efforts to limit the impact on privacy and civil liberties of the sharing of cyber threat information with the Federal Government pursuant to this subsection. (d) Federal Government liability for violations of restrictions on the disclosure, use, and protection of voluntarily shared information (1) In general If a department or agency of the Federal Government intentionally or willfully violates subsection (b)(3)(C) or subsection (c) with respect to the disclosure, use, or protection of voluntarily shared cyber threat information shared under this section, the United States shall be liable to a person adversely affected by such violation in an amount equal to the sum of— (A) the actual damages sustained by the person as a result of the violation or $1,000, whichever is greater; and (B) the costs of the action together with reasonable attorney fees as determined by the court. (2) Venue An action to enforce liability created under this subsection may be brought in the district court of the United States in— (A) the district in which the complainant resides; (B) the district in which the principal place of business of the complainant is located; (C) the district in which the department or agency of the Federal Government that disclosed the information is located; or (D) the District of Columbia. (3) Statute of limitations No action shall lie under this subsection unless such action is commenced not later than two years after the date of the violation of subsection (b)(3)(C) or subsection (c) that is the basis for the action. (4) Exclusive cause of action A cause of action under this subsection shall be the exclusive means available to a complainant seeking a remedy for a violation of subsection (b)(3)(C) or subsection (c). (e) Report on information sharing (1) Report The Inspector General of the Intelligence Community shall annually submit to the congressional intelligence committees a report containing a review of the use of information shared with the Federal Government under this section, including— (A) a review of the use by the Federal Government of such information for a purpose other than a cybersecurity purpose; (B) a review of the type of information shared with the Federal Government under this section; (C) a review of the actions taken by the Federal Government based on such information; (D) appropriate metrics to determine the impact of the sharing of such information with the Federal Government on privacy and civil liberties, if any; (E) a list of the departments or agencies receiving such information; (F) a review of the sharing of such information within the Federal Government to identify inappropriate stovepiping of shared information; and (G) any recommendations of the Inspector General for improvements or modifications to the authorities under this section. (2) Form Each report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) Federal preemption This section supersedes any statute of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under subsection (b). (g) Savings clauses (1) Existing authorities Nothing in this section shall be construed to limit any other authority to use a cybersecurity system or to identify, obtain, or share cyber threat intelligence or cyber threat information. (2) Limitation on military and intelligence community involvement in private and public sector cybersecurity efforts Nothing in this section shall be construed to provide additional authority to, or modify an existing authority of, the Department of Defense or the National Security Agency or any other element of the intelligence community to control, modify, require, or otherwise direct the cybersecurity efforts of a private-sector entity or a component of the Federal Government or a State, local, or tribal government. (3) Information sharing relationships Nothing in this section shall be construed to— (A) limit or modify an existing information sharing relationship; (B) prohibit a new information sharing relationship; (C) require a new information sharing relationship between the Federal Government and a private-sector entity; or (D) modify the authority of a department or agency of the Federal Government to protect sources and methods and the national security of the United States. (4) Limitation on Federal Government use of cybersecurity systems Nothing in this section shall be construed to provide additional authority to, or modify an existing authority of, any entity to use a cybersecurity system owned or controlled by the Federal Government on a private-sector system or network to protect such private-sector system or network. (5) No liability for non-participation Nothing in this section shall be construed to subject a protected entity, self-protected entity, cyber security provider, or an officer, employee, or agent of a protected entity, self-protected entity, or cybersecurity provider, to liability for choosing not to engage in the voluntary activities authorized under this section. (6) Use and retention of information Nothing in this section shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use information shared pursuant to subsection (b)(1) for any use other than a use permitted under subsection (c)(1). (h) Definitions In this section: (1) Availability The term availability means ensuring timely and reliable access to and use of information. (2) Certified entity The term certified entity means a protected entity, self-protected entity, or cybersecurity provider that— (A) possesses or is eligible to obtain a security clearance, as determined by the Director of National Intelligence; and (B) is able to demonstrate to the Director of National Intelligence that such provider or such entity can appropriately protect classified cyber threat intelligence. (3) Confidentiality The term confidentiality means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information. (4) Cyber threat information (A) In General The term cyber threat information means information directly pertaining to— (i) a vulnerability of a system or network of a government or private entity; (ii) a threat to the integrity, confidentiality, or availability of a system or network of a government or private entity or any information stored on, processed on, or transiting such a system or network; (iii) efforts to deny access to or degrade, disrupt, or destroy a system or network of a government or private entity; or (iv) efforts to gain unauthorized access to a system or network of a government or private entity, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting a system or network of a government or private entity. (B) Exclusion Such term does not include information pertaining to efforts to gain unauthorized access to a system or network of a government or private entity that solely involve violations of consumer terms of service or consumer licensing agreements and do not otherwise constitute unauthorized access. (5) Cyber threat intelligence (A) In general The term cyber threat intelligence means intelligence in the possession of an element of the intelligence community directly pertaining to— (i) a vulnerability of a system or network of a government or private entity; (ii) a threat to the integrity, confidentiality, or availability of a system or network of a government or private entity or any information stored on, processed on, or transiting such a system or network; (iii) efforts to deny access to or degrade, disrupt, or destroy a system or network of a government or private entity; or (iv) efforts to gain unauthorized access to a system or network of a government or private entity, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting a system or network of a government or private entity. (B) Exclusion Such term does not include intelligence pertaining to efforts to gain unauthorized access to a system or network of a government or private entity that solely involve violations of consumer terms of service or consumer licensing agreements and do not otherwise constitute unauthorized access. (6) Cybersecurity crime The term cybersecurity crime means— (A) a crime under a Federal or State law that involves— (i) efforts to deny access to or degrade, disrupt, or destroy a system or network; (ii) efforts to gain unauthorized access to a system or network; or (iii) efforts to exfiltrate information from a system or network without authorization; or (B) the violation of a provision of Federal law relating to computer crimes, including a violation of any provision of title 18, United States Code, created or amended by the Computer Fraud and Abuse Act of 1986 ( Public Law 99–474 ). (7) Cybersecurity provider The term cybersecurity provider means a non-governmental entity that provides goods or services intended to be used for cybersecurity purposes. (8) Cybersecurity purpose (A) In general The term cybersecurity purpose means the purpose of ensuring the integrity, confidentiality, or availability of, or safeguarding, a system or network, including protecting a system or network from— (i) a vulnerability of a system or network; (ii) a threat to the integrity, confidentiality, or availability of a system or network or any information stored on, processed on, or transiting such a system or network; (iii) efforts to deny access to or degrade, disrupt, or destroy a system or network; or (iv) efforts to gain unauthorized access to a system or network, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting a system or network. (B) Exclusion Such term does not include the purpose of protecting a system or network from efforts to gain unauthorized access to such system or network that solely involve violations of consumer terms of service or consumer licensing agreements and do not otherwise constitute unauthorized access. (9) Cybersecurity system (A) In general The term cybersecurity system means a system designed or employed to ensure the integrity, confidentiality, or availability of, or safeguard, a system or network, including protecting a system or network from— (i) a vulnerability of a system or network; (ii) a threat to the integrity, confidentiality, or availability of a system or network or any information stored on, processed on, or transiting such a system or network; (iii) efforts to deny access to or degrade, disrupt, or destroy a system or network; or (iv) efforts to gain unauthorized access to a system or network, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting a system or network. (B) Exclusion Such term does not include a system designed or employed to protect a system or network from efforts to gain unauthorized access to such system or network that solely involve violations of consumer terms of service or consumer licensing agreements and do not otherwise constitute unauthorized access. (10) Integrity The term integrity means guarding against improper information modification or destruction, including ensuring information nonrepudiation and authenticity. (11) Protected entity The term protected entity means an entity, other than an individual, that contracts with a cybersecurity provider for goods or services to be used for cybersecurity purposes. (12) Self-protected entity The term self-protected entity means an entity, other than an individual, that provides goods or services for cybersecurity purposes to itself. (13) Utility The term utility means an entity providing essential services (other than law enforcement or regulatory services), including electricity, natural gas, propane, telecommunications, transportation, water, or wastewater services. . (b) Procedures and guidelines The Director of National Intelligence shall— (1) not later than 60 days after the date of the enactment of this Act, establish procedures under paragraph (1) of section 1104(a) of the National Security Act of 1947, as added by subsection (a) of this section, and issue guidelines under paragraph (3) of such section 1104(a); (2) in establishing such procedures and issuing such guidelines, consult with the Secretary of Homeland Security to ensure that such procedures and such guidelines permit the owners and operators of critical infrastructure to receive all appropriate cyber threat intelligence (as defined in section 1104(h)(3) of such Act, as added by subsection (a)) in the possession of the Federal Government; and (3) following the establishment of such procedures and the issuance of such guidelines, expeditiously distribute such procedures and such guidelines to appropriate departments and agencies of the Federal Government, private-sector entities, and utilities (as defined in section 1104(h)(9) of such Act, as added by subsection (a)). (c) Initial report The first report required to be submitted under subsection (e) of section 1104 of the National Security Act of 1947, as added by subsection (a) of this section, shall be submitted not later than 1 year after the date of the enactment of this Act. (d) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item: Sec. 1104. Cyber threat intelligence and information sharing. . 3. Sunset Effective on the date that is 5 years after the date of the enactment of this Act— (1) section 1104 of the National Security Act of 1947, as added by section 2(a) of this Act, is repealed; and (2) the table of contents in the first section of the National Security Act of 1947, as amended by section 2(d) of this Act, is amended by striking the item relating to section 1104, as added by such section 2(d). | https://www.govinfo.gov/content/pkg/BILLS-113hr624ih/xml/BILLS-113hr624ih.xml |
113-hr-625 | I 113th CONGRESS 1st Session H. R. 625 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. LoBiondo (for himself and Mr. Pallone ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 178 of title 28 of the United States Code to permit during a 4-year period States to enact statutes that exempt from the operation of such chapter, lotteries, sweepstakes, and other betting, gambling, or wagering schemes involving professional and amateur sports.
1. Short title This Act may be cited as the Sports Gaming Opportunity Act of 2013 . 2. Amendment Section 3704(a) of title 28, United States Code, is amended— (1) in paragraph (3) by striking or at the end, (2) in paragraph (4) by striking the period at the end and inserting ; or , and (3) by adding at the end the following: (5) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in a State authorized by such State by an applicable statute— (A) enacted on or after January 1, 2013, and (B) as in effect not later than January 1, 2017. . | https://www.govinfo.gov/content/pkg/BILLS-113hr625ih/xml/BILLS-113hr625ih.xml |
113-hr-626 | I 113th CONGRESS 1st Session H. R. 626 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Pallone (for himself and Mr. LoBiondo ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28 of the United States Code to exclude the State of New Jersey from the prohibition on professional and amateur sports gambling to the extent approved by the legislature of the State.
1. Short title This Act may be cited as the New Jersey Betting and Equal Treatment Act of 2013 . 2. Exclusion of the State of New Jersey from the prohibition on amateur and professional sports gambling to the extent approved by the legislature of the State Section 3704(a) of title 28, United States Code, is amended— (1) in paragraph (3)(B), by striking or at the end; (2) in paragraph (4), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (5) a lottery, sweepstakes, or other betting, gambling, or waging scheme operating exclusively in the State of New Jersey, to the extent such scheme is approved by the legislature of the State by statute. . 3. Applicability The amendments made by this Act apply to conduct occurring on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr626ih/xml/BILLS-113hr626ih.xml |
113-hr-627 | I 113th CONGRESS 1st Session H. R. 627 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Paulsen (for himself, Ms. Kaptur , Mr. Kind , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for the issuance of coins to commemorate the 100th anniversary of the establishment of the National Park Service, and for other purposes.
1. Short title This Act may be cited as the National Park Service 100th Anniversary Commemorative Coin Act . 2. Findings The Congress finds the following: (1) In 1916, Congress established the National Park Service as a bureau within the Department of the Interior to administer America’s great national parks and monuments as a unified National Park System. (2) From 1916 to the present, the National Park System has grown from 37 park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly all States and territories. (3) The responsibilities of the National Park Service have grown to include— (A) managing national historic trails and national scenic trails; (B) administering wild and scenic rivers; (C) recognizing America’s most significant historic resources through the National Register of Historic Places and the National Historic Landmark program; (D) providing historic preservation grants; and (E) assisting communities in meeting their preservation, conservation, and recreation needs. (4) The National Park Service Organic Act of 1916, which established the National Park Service, remains the preeminent law guiding the management of parks and articulating the Service’s core mission, to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations . (5) The 100th anniversary of the National Park Service in 2016 will be an occasion to celebrate a century of American vision and achievement in identifying and preserving our Nation’s special places for the benefit of everyone and the culmination of 100 years of accomplishment by the National Park Service’s employees, partners, and volunteers. It will also mark the beginning of the organization’s second century of service to the American people as environmental leaders and vigilant stewards of the Nation’s treasured places and stories. (6) Coins commemorating the 100th anniversary of the National Park Service will bring national and international attention to the National Park System and to the legacy Congress left in 1916 when it established a Federal agency to ensure the protection of our Nation’s most treasured natural and cultural resources for all time. (7) The proceeds from a surcharge on the sale of commemorative coins will assist the financing of the needs of the National Park Service’s parks and programs, helping to ensure that our Nation’s great natural and cultural resources will endure for generations to come. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins Not more than 750,000 half dollar coins, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the 100th anniversary of the National Park Service. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the face value of the coin; (B) an inscription of the year 2016 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the National Park Service; (B) the National Park Foundation; and (C) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2016, and ending on December 31, 2016. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution (1) In general Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for projects and programs that help preserve and protect resources under the stewardship of the National Park Service and promote public enjoyment and appreciation of those resources. (2) Prohibition on land acquisition Surcharges paid to the National Park Foundation pursuant to paragraph (1) may not be used for land acquisition. (c) Audits The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). (d) Limitations Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. | https://www.govinfo.gov/content/pkg/BILLS-113hr627ih/xml/BILLS-113hr627ih.xml |
113-hr-628 | I 113th CONGRESS 1st Session H. R. 628 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mrs. Napolitano (for herself, Mr. Barber , Ms. Brownley of California , Mr. Cartwright , Ms. Castor of Florida , Mrs. Christensen , Ms. Chu , Mr. Cicilline , Mr. Conyers , Mr. Courtney , Ms. DeGette , Mr. Ellison , Mr. Al Green of Texas , Mr. Grijalva , Mr. Hastings of Florida , Mr. Hinojosa , Ms. Eddie Bernice Johnson of Texas , Ms. Kaptur , Ms. Lee of California , Mr. Loebsack , Mr. Lowenthal , Ms. Michelle Lujan Grisham of New Mexico , Mr. Ben Ray Luján of New Mexico , Mrs. McCarthy of New York , Ms. Moore , Mrs. Negrete McLeod , Mr. Pastor of Arizona , Mr. Perlmutter , Mr. Peters of Michigan , Mr. Rangel , Ms. Roybal-Allard , Mr. Ruiz , Mr. Rush , Mr. Schiff , Mr. Scott of Virginia , Ms. Shea-Porter , Mr. Sires , Ms. Slaughter , Mr. Thompson of California , Mr. Tonko , Mr. Van Hollen , Mr. Vargas , Mr. Vela , Ms. Velázquez , Ms. Waters , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to revise and extend projects relating to children and violence to provide access to school-based comprehensive mental health programs.
1. Short title This Act may be cited as the Mental Health in Schools Act of 2013 . 2. Purposes It is the purpose of this Act to— (1) revise, increase funding for, and expand the scope of the Safe Schools-Healthy Students program in order to provide access to more comprehensive school-based mental health services and supports; (2) provide for comprehensive staff development for school and community service personnel working in the school; and (3) provide for comprehensive training for children with mental health disorders, for parents, siblings, and other family members of such children, and for concerned members of the community. 3. Amendments to the Public Health Service Act (a) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq. ) is amended— (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based mental health and children and violence Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh ) is amended to read as follows: 581. School-based mental health and children and violence (a) In general The Secretary, in collaboration with the Secretary of Education and in consultation with the Attorney General, shall, directly or through grants, contracts, or cooperative agreements awarded to public entities and local education agencies, assist local communities and schools in applying a public health approach to mental health services both in schools and in the community. Such approach should provide comprehensive age appropriate services and supports, be linguistically and culturally appropriate, be trauma-informed, and incorporate age appropriate strategies of positive behavioral interventions and supports. A comprehensive school mental health program funded under this section shall assist children in dealing with trauma and violence. (b) Activities Under the program under subsection (a), the Secretary may— (1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and age-appropriate, school mental health program that incorporates positive behavioral interventions, client treatment, and supports to foster the health and development of children; (2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1); (3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs; (4) facilitate community partnerships among families, students, law enforcement agencies, education systems, mental health and substance use disorder service systems, family-based mental health service systems, welfare agencies, health care service systems (including physicians), faith-based programs, trauma networks, and other community-based systems; and (5) establish mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. (c) Requirements (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— (A) be a partnership between a local education agency and at least one community program or agency that is involved in mental health; and (B) submit an application, that is endorsed by all members of the partnership, that contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) shall contain assurances as follows: (A) That the applicant will ensure that, in carrying out activities under this section, the local educational agency involved will enter into a memorandum of understanding— (i) with, at least one, public or private mental health entity, health care entity, law enforcement or juvenile justice entity, child welfare agency, family-based mental health entity, family or family organization, trauma network, or other community-based entity; and (ii) that clearly states— (I) the responsibilities of each partner with respect to the activities to be carried out; (II) how each such partner will be accountable for carrying out such responsibilities; and (III) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) That the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— (i) the promotion of the social, emotional, and behavioral health of all students in an environment that is conducive to learning; (ii) the reduction in the likelihood of at risk students developing social, emotional, behavioral health problems, or substance use disorders; (iii) the early identification of social, emotional, behavioral problems, or substance use disorders and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, behavioral health problems, or substance use disorders; and (v) the development and implementation of programs to assist children in dealing with trauma and violence. (C) That the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— (i) the techniques and supports needed to identify early children with trauma histories and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and to follow-up when services are not available; (iii) strategies that promote a school-wide positive environment; (iv) strategies for promoting the social, emotional, mental, and behavioral health of all students; and (v) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs. (D) That the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents, siblings, and other family members of children with mental health disorders, and for concerned members of the community in— (i) the techniques and supports needed to identify early children with trauma histories, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and follow-up when such services are not available; and (iii) strategies that promote a school-wide positive environment. (E) That the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates. (F) That the local education agency partnership involved is supported by the State educational and mental health system to ensure that the sustainability of the programs is established after funding under this section terminates. (G) That the comprehensive school-based mental health program carried out under this section will be based on trauma-informed and evidence-based practices. (H) That the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act. (I) That the comprehensive school-based mental health program carried out under this section will be trauma-informed and culturally and linguistically appropriate. (J) That the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services. (K) That the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (3) Coordinator Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. (4) Compliance with HIPAA A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 with respect to any patient records developed through activities under the grant. (d) Geographical distribution The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. (e) Duration of awards With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. An entity may receive only one award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period. (f) Evaluation and measures of outcomes (1) Development of process The Administrator shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— (A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; (B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and (C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. (2) Measures of outcomes (A) In general The Administrator shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Administrator, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). (B) Student and family measures of outcomes The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— (i) increasing social and emotional competency; (ii) increasing academic competency (as defined by Secretary); (iii) reducing disruptive and aggressive behaviors; (iv) improving child functioning; (v) reducing substance use disorders; (vi) reducing suspensions, truancy, expulsions and violence; (vii) increasing graduation rates (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965); and (viii) improving access to care for mental health disorders. (C) Local educational outcomes The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— (i) the effectiveness of comprehensive school mental health programs established under this section; (ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; (iii) the progress made in sustaining the program once funding under the grant has expired; (iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; (v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; (vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services; (vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; (viii) the increased successful matriculation to postsecondary school; and (ix) reduced referrals to juvenile justice. (3) Submission of annual data An entity that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Administrator a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. (4) Evaluation by Administrator Based on the data submitted under paragraph (3), the Administrator shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. (5) Limitation A grantee shall use not to exceed 10 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. (g) Information and education The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. (h) Amount of grants and authorization of appropriations (1) Amount of grants A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2013 through 2017. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2013 through 2017. . (c) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq. ), as amended by this section, is further amended by striking the part heading and inserting the following: G School-based mental health . | https://www.govinfo.gov/content/pkg/BILLS-113hr628ih/xml/BILLS-113hr628ih.xml |
113-hr-629 | I 113th CONGRESS 1st Session H. R. 629 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Schakowsky (for herself, Ms. Chu , Ms. Clarke , Ms. Eshoo , Mr. Grijalva , Mr. Gutierrez , Ms. Hahn , Mr. Honda , Ms. Lee of California , Mrs. Carolyn B. Maloney of New York , Ms. Moore , Mrs. Napolitano , Mr. Polis , Mr. Rangel , Mr. Vargas , and Ms. Waters ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Financial Services and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide protections against violence against immigrant women, and for other purposes.
1. Short title This Act may be cited as the Violence Against Immigrant Women Act of 2013 . I Rulemakings 101. Rulemaking and findings with regard to rulemaking (a) Rulemaking Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall make rules to implement this Act and the amendments carried out by this Act. To the extent necessary to ensure that such rules are made in a timely manner, the rules shall take effect on an interim basis, at the same time that notice and opportunity for public comment are offered. Access to the relief provided by this Act and previous Acts listed in subsection (b) is in the public interest, as necessary to protect health and safety and promulgation of regulations that take effect on an interim basis falls within the good cause exception in the Administrative Procedure Act. (b) Findings Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall promulgate interim regulations to implement the provisions not amended or repealed from the Victims of Trafficking and Violence Prevention Act of 2000 ( Public Law 106–386 ), the Violence Against Women Act and Department Justice Reauthorization Act of 2006 ( Public Law 109–162 ) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457). Insofar as required to carry out the previous sentence in a timely manner, such regulations shall be promulgated to take effect on an interim basis, at the same time that notice and opportunity for public comment are offered. II Protections for victims 201. Employment authorization for immigrant victims (a) Findings Congress finds as follows: (1) Congress created immigration protections for immigrant victims of domestic violence, sexual assault, stalking, dating violence, human trafficking, and other crime victims for two important purposes—to facilitate prosecution of perpetrators and to enhance victim safety. (2) The safety of immigrant victims applying for protection under the Violence Against Women Act or the Trafficking Victims Protection Act is undermined when government agencies delay in providing legal work authorization. Immigrant victims’ ability to seek help and to cooperate in the detection, investigation or prosecution crimes committed against them is enhanced when victims can work lawfully and sever their economic dependence on the perpetrator. (3) When victims know that they will receive legal work authorization within 180 days of filing their for victim related immigration relief, victims and their advocates can develop safety plans that will focus on steps the victim can take to keep herself and her children safe during the work authorization waiting period. This can include stays in an emergency shelter and transitional housing, obtaining legal custody of her children and learning skills that will enhance her employability. (4) The economic stability that comes from the ability to work lawfully in the United States reduces victims’ vulnerability to abuse, exploitation and coercion from crime perpetrators. (5) Congress in VAWA 2000 and VAWA 2005 took steps to encourage DHS to grant immigrant crime victims swift access to legal work authorization. However, as of 2011 73.9% of VAWA self-petitioners and 93.9% of U-visa applicants endure delays of longer than 6 months before receiving legal work authorization. Of these many wait well over a year after filing before receiving work authorization—36.7% of VAWA self-petitioners and 32% of U-visa applicants. These delays harm criminal prosecutions and endanger victims and their children. (b) Employment authorization for immigrant victims Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a) ) is amended by adding at the end the following: (M) Notwithstanding any provision of this Act restricting eligibility for employment in the United States, the Secretary of Homeland Security may grant employment authorization to an alien who has filed a petition for status as a VAWA self-petitioner or a nonimmigrant described in section 101(a)(15)(U) on the date that is the earlier of— (i) the date the alien’s petition for such status is approved; or (ii) 180 days after the date the alien filed a petition for such status. . 202. Protections for trafficking victims (a) Death of a family member (1) Citizen parents Section 204(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— (A) by striking or who the first place it appears and inserting , who ; (B) by inserting who was a child of a United States citizen parent (i)(I) who died within the past 2 years; or (II) who died when the child was under 18 years of age and the child filed a petition under this subsection not later than 2 years after the child reached the age of 18 years, or (ii) whose marriage to the child’s alien parent was terminated, including by divorce, annulment, or by death of the alien parent or the United States citizen parent before , and who is a person of good moral character, ; and (C) by striking (and any child of the alien) and inserting (and any spouse or child of the alien) . (2) Lawful permanent residents Section 204(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(B) ) is amended— (A) in clause (iii)— (i) by striking or who and inserting who ; (ii) by inserting or who was a child of a lawful permanent resident parent (I)(aa) who within the past 2 years; or (II) who died when one child was under 18 years of age and the child filed a petition under this subsection no later than 2 years after the child reached the age of 18 before , and who is a person of good moral character, ; and (iii) by striking (and any child of the alien) and inserting (and any spouse or child of the alien) ; and (B) in clause (ii)(II)(aa)(CC)— (i) in subsubitem (aaa), by striking or ; (ii) in subsubitem (bbb), by striking the semicolon at the end and inserting ; or ; and (iii) by adding at the end the following: (ccc) whose spouse died within the past 2 years. . (3) Self petitioning by minors Section 204(a)(1)(D)(v) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by inserting after who is not less than 21 years of age, the following: (and the individual’s spouse and children) . (4) Surviving relatives Section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1165(l) ) is amended— (A) in paragraph (1), by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and (B) in paragraph (2)(E), to read as follows: (E) (i) an alien described in section 101(a)(15)(T)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(T)(i); (ii) an alien described in section 101(a)(15)(U)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(U)(i); or (iii) an alien who is a VAWA self-petitioner. . (5) Effective dates (A) In general Except as provided in subparagraph (B), the amendments made by paragraphs (1) and (2) shall take effect on the date of enactment of this Act and shall apply to petitions filed on or after that date. (B) Transition in case of citizen parents who died before enactment In applying the amendments made by paragraphs (1) and (2)(A) in the case of an alien whose citizen or lawful permanent resident parent died during the period beginning on the date that is 2 years prior to the date of enactment of Violence Against Women Reauthorization Act of 2005, and ending on the date of enactment of this Act— (i) section 204(a)(1)(A)(iv) and section 204(a)(1)(B)(iii) of the Immigration and Nationality Act shall each be applied as though the phrase within the past two years were the period described in section 202(d)(5)(B) of the Violence Against Immigrant Women Act of 2012 ; (ii) a petition under either such section shall be filed not later than the later of— (I) 2 years after the date of enactment of this Act; or (II) the 2 years after the date the alien attains 18 years of age; and (iii) the determination of eligibility of an alien child for benefits under either such section (including under section 204(a)(1)(D) of such Act, by reason of a petition authorized under such section) shall be determined as of the date of the death of the citizen or lawful permanent resident parent. (b) Unaccompanied Alien child redefined Section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ) is amended— (1) in paragraph (2)(C)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (iii) was apprehended without a parent or legal guardian and is not reunified with a parent or legal guardian within 72 hours thereafter. ; and (2) by adding at the end the following: (h) Reunification with a parent or legal guardian or next friend does not affect the child’s unaccompanied status for the duration of the child’s immigration proceedings. . (c) Providing safe and secure placements for children Section 235(c)(2) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: The Secretary of Homeland Security shall permit the continuation of care plans developed by the Office of Refugee Resettlement’s division of Unaccompanied Children’s Services to ensure their continued protected status after they turn 18, in an arrangement that is the least restrictive possible. The provisions of this paragraph apply to an unaccompanied alien child until such child attains 21 years of age, including those provisions providing for continued authorization of placement of that child. . (d) Providing safe and secure placements for children Section 235(c)(1) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows: (1) Policies and programs (A) In general The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs. (B) Confidentiality of information In order to protect unaccompanied alien children in the United States, information acquired by any person, including officers or employees of the Department of Health and Human Services, case managers, or others in connection with providing services or treatment to children in the custody of the Secretary of Health and Human Services, including any contracted social service entity, shall have be afforded confidentiality protections under VAWA confidentiality ( 8 U.S.C. 1367 ) and the Health Insurance Portability and Accountability Act. . (e) Eligibility for special immigrant juvenile status (1) Age and court jurisdiction Section 235(d)(6) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows: (6) Transition rule Notwithstanding any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ) may not be denied special immigrant status under such section or have such status revoked after the date of the enactment of this Act based on age or whether the alien continues to be under State or juvenile court jurisdiction if the alien was a child and under State or juvenile court jurisdiction on the date on which the alien applied for such status. . (2) Single parents Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended— (A) by striking 1 or both and inserting at least one ; (B) by inserting after State law the following: regardless of whether the immigrant lives with the non-offending parent; ; and (C) by inserting after custody of the following: a non-offending parent of the immigrant . (f) Counting of trafficking victims and benefits for U-Visa holders and families Section 107(b)(1)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(1) ) is amended by adding and victims of human trafficking who qualify for other forms of immigration relief after 101(a)(15)(T)(ii) . (g) Passport retention Section 1592 of title 18, United States Code, is amended— (1) in subsection (a)(2) by deleting or at the end; (2) in subsection (a)(3) by adding or at the end; and (3) by inserting after paragraph (3) of subsection (a) the following: (4) for more than 32 hours shall be subject to a rebuttable presumption that they are withholding the passport of another person against that persons will in violation of this section, but it is not a violation of this section to obtain a person’s passport for up 32 hours for the purpose of complying with Federal or State government requirements; . 203. Protections for victims of criminal activity (a) In general Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended— (1) by inserting stalking; dating violence; abuse; endangerment; or exploitation of a person who is a child, elderly, or disabled; after perjury; ; and (2) by adding at the end the following: (iv) the terms domestic violence , sexual assault , dating violence , and stalking have the meaning given such terms in the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); . (b) Protection for Incapacitated Sons and Daughters of Victims (1) Section 101(a)(15)(T)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(t) ) is amended— (A) in subclause (I) by inserting , incapacitated siblings, after under such clause ; and (B) in subclause (III) by inserting , incapacitated sibling, after parent . (2) Section 101(a)(15)(U)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U)(ii) ) is amended— (A) in subclause (I)— (i) by inserting or incapacitated after under 21 years of age ; (ii) by inserting son or daughter, after children, ; and (iii) by inserting any children of the siblings, after under such clause ; and (B) in subclause (II)— (i) by inserting under 21 years of age on the date on which such alien applied for status under such clause after children ; and (ii) by inserting , and any children of the children after such alien . (3) Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) is amended— (A) in subparagraph (A)(ii), by inserting or incapacitated sons or daughters after alien’s children ; (B) in subparagraph (A)(iii), in the matter preceding item (aa), by inserting or incapacitated son or daughter after child ; (C) in subparagraph (A)(iii)(I)(bb), by striking or a child inserting , an incapacitated son or daughter of the alien, or a child ; (D) in subparagraph (A)(iv), by inserting , or incapacitated son or daughter, after child the first and second places it appears; (E) in subparagraph (A)(vi), by striking or child and inserting , incapacitated son or daughter, or child ; (F) in subparagraph (B)(ii)(I)(bb), by inserting , an incapacitated son or daughter of the alien, or before a child of the alien ; and (G) in subparagraph (B)(iii), by inserting incapacitated son or daughter after child the first, second, and third places it appears. (c) Protecting Parents of U.S. Citizen Child Crime Victims Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) shall be amended— (1) in clause (i)— (A) in subclause (I), by inserting after the alien the following: or a child of the alien ; (B) in subclause (II), by striking an alien before the word child and inserting a ; and (C) in subclause (III), by striking an alien before the word child and inserting a ; and (2) in clause (ii), by inserting after subclause (II) the following: (III) in the case of an alien described in clause (i) who is 21 years of age or older and incapacitated, the parents and siblings of such alien. . (d) Requirements applicable to U Visas (1) Recapture of unused U visas Section 214(p)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p)(2) ) is amended— (A) in subparagraph (A), by striking The number and inserting Except as provided in subparagraph (C), the number ; and (B) by adding at the end the following: (C) Beginning in fiscal year 2012, if the numerical limitation set forth in subparagraph (A) is reached before the end of the fiscal year, up to 5,000 additional visas, of the aggregate number of visas that were available and not issued to nonimmigrants described in section 101(a)(15)(U) in fiscal years 2006 through 2011, may be issued until the end of the fiscal year. . (2) Sunset date The amendments made by paragraph (1) are repealed on the date on which the aggregate number of visas that were available and not issued in fiscal years 2006 through 2011 have been issued pursuant to section 214(p)(2)(C) of the Immigration and Nationality Act. (3) Age determinations Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended by adding at the end the following: (7) Age determinations (A) Children An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending. (B) Principal aliens An alien described in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending. . (4) Petitioning procedures for U visas Section 214(p)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(p) ) is amended by inserting Certifications may be signed by the head of the agency or any agency staff member designated by such agency head to sign certifications. before The certification may also . (e) VOCA as U-Visa Certifiers Section 203(j) through section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1153(j) through 8 U.S.C. 1184(p) ) is amended by inserting administrator of crime victim assistance under the Comprehensive Crime Control Act of 1984 ( 42 U.S.C. 10602 ), after prosecutor, judge, each place it appears. 204. Battered spouse and family member protections and nonimmigrants (a) Exception from foreign residence requirement for educational visitors (1) In general Section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended, in the matter before the first proviso, by inserting unless the alien is a VAWA self-petitioner or an applicant for nonimmigrant status under 101(a)(15)(T) or (U) after for an aggregate of at least two years following departure from the United States . (2) Effective date The amendment made by this paragraph shall apply to aliens regardless of whether the foreign residence requirement under section 212(e) of the Immigration and Nationality Act arises out of an admission or acquisition of status under section 101(a)(15)(J) of such Act, before, on, or after the date of enactment of this Act. (b) Self-Petitioning Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended— (1) in subclause (I)(bb), by inserting or to conclude in a valid marriage after intended by the alien to be legally a marriage ; (2) in subclause (II)(aa)— (A) by striking or at the end of subitem (BB); (B) by inserting or at the end of subitem (CC); and (C) by adding at the end the following new subitem: (DD) who entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or child of the alien) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section; ; (3) in subclause (II)(cc)— (A) by striking or who and inserting , who ; and (B) by inserting , or who is described in subitem (aa)(DD) before the semicolon; and (4) in subclause (II)(dd) by inserting or who is described in subitem (aa)(DD) before the period. (c) Exception from requirement To depart Section 214(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d)(1) ) is amended by inserting before the period at the end the following: unless the alien (and the child of the alien) entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien or child was battered or subjected to extreme cruelty by the United States citizen who filed the petition to accord status under such section . (d) Effective date The amendments made by this subsection shall apply to aliens admitted before, on, or after the date of enactment of this Act. (e) Relief for abused fiancés (1) Conforming application in cancellation of removal Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(2)(A)(i) ) is amended— (A) by striking or at the end of subclause (II); (B) by adding or at the end of subclause (III); and (C) by adding at the end the following new subclause: (IV) the alien entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or the child of the alien who is described in such section) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section; . (2) Exception to restriction on adjustment of status The second sentence of section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended by inserting before the period the following: , unless the alien is described in section 204(a)(1)(A)(iii)(II)(aa)(DD) . (3) Application under suspension of deportation Section 244(a)(3) of such Act (8 U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) shall be applied (as if in effect on such date) as if the phrase is described in section 240A(b)(2)(A)(i)(IV) or were inserted before has been battered the first place it appears. (4) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to aliens admitted before, on, or after such date. (f) Visa waiver entrants (1) In general Section 217(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1187(b)(2) ) is amended by inserting as a VAWA self-petitioner or for relief under section 101(a)(15)(T) or (U), under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997), after asylum, . (2) Effective date The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to waivers provided under section 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had been included in such waivers. (g) Abused Derivatives Accessing VAWA Self-Petitioning Section 204(a)(1)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)) is amended— (1) in subitem (CC) by inserting or at the end; and (2) by adding a new subitem (DD) as follows: (DD) who is or was the bona fide spouse of an alien who is now a Lawful Permanent Resident. . 205. Battered spouse and family member protections (a) Self-Petitioning for Abandoned Spouses (1) Abandoned spouses of U.S. citizens Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting abandoned, before battered . (2) Abandoned spouses of lawful permanent residents Section 204(a)(1)(B)(ii)(I)(bb) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)(bb)) is amended by inserting abandoned, before battered . (b) Improved access to VAWA self-Petitioning (1) Abused immigrant spouses of United States citizens Section 204(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A) ) is amended— (A) in clause (iii)(I)(bb) by striking during the marriage or relationship intended by the alien to be legally a marriage, ; (B) in clause (iii)(II)(aa)(CC)(bbb) by striking related to an incident of domestic violence ; (C) in clause (iii)(II)(aa)— (i) by striking subitem (CC)(ccc); and (ii) by inserting after (CC) the following: (DD) who was a bona fide spouse of a United States citizen whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage; ; and (D) in clause (iii)(II)(dd) by inserting at any time before resided with . (2) Abused immigrant spouses of lawful permanent residents Section 204(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(B) ) is amended— (A) in clause (ii)(I)(bb) by striking during the marriage or relationship intended by the alien to be legally a marriage, ; (B) in clause (ii)(II)(aa), by striking subitem (CC), and inserting the following: (CC) who was a bona fide spouse of a lawful permanent resident within the past two years and whose spouse lost status within the past 2 years due to an incident of battering or extreme cruelty; or (DD) who was a bona fide spouse of a lawful permanent resident whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage; ; and (C) in clause (ii)(II)(dd) is amended by inserting at any time before resided with . (c) Survival of rights to self-Petition Section 204(h) of the Immigration and Nationality Act ( 8 U.S.C. 1154(h) ) is amended by striking was approved and inserting has been filed . (d) Expansion of protections Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. (d)(5)) is amended by adding at the end the following: (C) The Secretary of Homeland Security shall grant parole under subparagraph (A) to the following: (i) A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a United States citizen spouse, parent, or son or daughter. (ii) A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a lawful permanent resident spouse or parent. (iii) An alien whose petition was approved or who qualifies to be classified as a nonimmigrant described in section 101(a)(15)(U)(ii). (iv) The child of an alien described in clauses (i), (ii), (iii), or (iv) of this subsection who is outside of the United States. (v) The child of an alien described in clauses (v) of this subsection who is outside of the United States. (D) The grant of parole under clause (i), (ii), or (iii) of subparagraph (C) shall extend from the date of approval of the applicable petition to the time the application for adjustment of status filed by aliens covered under such subparagraphs has been finally adjudicated. Applications for adjustment of status filed by aliens covered under such clauses shall be treated as if they were applications filed under section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of section 245(a) and (c). The grant of parole under subparagraph clause (iv) or (v) of such subparagraph shall extend from the date of the determination of the Secretary of State described in such subparagraph to the time the application for status under section 101(a)(15)(U)(ii) has been finally adjudicated. Failure by any alien covered by subparagraph (C) to exercise due diligence in filing a visa petition on the alien’s behalf may result in revocation of parole. . (e) Self-Petitioning by Children of Bigamy (1) Section 201(a)(1)(A)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A)(iv) ) is amended to read as follows: (iv) An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of the alien) if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent and that the alien— (I) (aa) is the child or incapacitated son or daughter of a citizen of the United States; (bb) was a child or incapacitated son or daughter of a United States citizen parent who within the past 2 years lost or renounced citizenship status; (cc) who believed that he or she was the child of a citizen of the United States— (AA) because a marriage ceremony was actually performed between the U.S. citizen and alien’s other parent; and (BB) the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but the marriage is not legitimate solely because of the bigamy of such citizen of the United States; or (dd) was a child of a United States citizen parent— (AA) who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; or (BB) whose marriage to the alien’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent; (II) is a person of good moral character; (III) is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title; and (IV) resides, or has resided in the past, with the citizen parent (for purposes of this clause, residence includes any period of visitation). . (2) Section 204(a)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(b)(iii) ) is amended to read as follows: (iii) An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of then alien) under such section if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent and that the alien— (I) (aa) is the child or incapacitated son or daughter of an alien lawfully admitted for permanent residence; (bb) was the child or incapacitated son or daughter of a lawful permanent resident who within the past 2 years lost lawful permanent resident status; (cc) believed that he or she was a child of an alien stepparent lawfully admitted for permanent residence— (AA) because a marriage ceremony was actually performed between the lawful permanent resident and alien’s other parent; and (BB) the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of marriage, but the marriage is not legitimate solely because of the bigamy of such alien lawfully admitted for permanent residence; or (dd) was a child of a lawful permanent resident— (AA) who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; or (BB) whose marriage to the alien child’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent; (II) is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title; and (III) resides, or has resided in the past, with the alien's permanent resident alien parent (for purposes of this clause, residence includes any period of visitation). . (f) Protection for children of VAWA self-Petitioners Section 204(l)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l)(2) ) is amended— (1) in subparagraph (E), by striking or at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 101(a)(51) as a VAWA self-petitioner; or . (g) Self-Petitioning rights under section 203 of NACARA Section 309 of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1101 note), as amended by section 203(a) of the Nicaraguan Adjustment and Central American Relief Act ( 8 U.S.C. 1255 note; Public Law 105–100 ), is amended— (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by section 1510(b) of the Violence Against Women Act of 2000— (A) by striking or at the end of subitem (BB); (B) by striking and at the end of subitem (CC) and inserting or ; and (C) by adding at the end the following new subitem: (DD) at the time at which the spouse or child files an application for suspension of deportation or cancellation of removal; and ; (2) in subsection (f), in paragraph (1), by inserting including subsections (VI) and (VII) after the alien is described in subsection (c)(5)(C)(i) of this section ; and (3) in subsection (g)— (A) by inserting (1) before Notwithstanding ; (B) by inserting subject to paragraph (2), after section 101(a) of the Immigration and Nationality Act)), ; and (C) by adding at the end the following new paragraph: (2) There shall be no limitation on a motion to reopen removal or deportation proceedings in the case of an alien who is described in subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen removal or deportation proceedings in the case of such an alien shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(A)(iii) of the Immigration and Nationality Act. . 206. Battered spouse waivers and conditional residents (a) Grounds for hardship waiver for conditional permanent residence for intended spouses Section 216(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(c)(4) ) is amended— (1) in subparagraph (B)— (A) by inserting after (other than through the death of the spouse) the following: , or the alien has filed for termination of marriage and shall furnish proof of termination prior to the time of adjudication, ; and (B) by striking or at the end; (2) in subparagraph (C) by striking the period and inserting , or ; and (3) after subparagraph (C) by inserting the fol1lowing new subparagraph: (D) the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony has been battered by or was subject to extreme cruelty perpetrated by his or her intended spouse and was not at fault in failing to meet the requirements of paragraph (1). . (b) Technical corrections Section 216(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(c)(4) ), as amended by subsection (a), is further amended— (1) in the matter preceding subparagraph (A), by striking The Attorney General, in the Attorney General's and inserting The Secretary of Homeland Security, in the Secretary's ; and (2) in the undesignated paragraph at the end— (A) in the first sentence, by striking Attorney General and inserting Secretary of Homeland Security ; (B) in the second sentence, by striking Attorney General and inserting Secretary ; (C) in the third sentence, by striking Attorney General. and inserting Secretary. ; and (D) in the fourth sentence, by striking Attorney General and inserting Secretary . (c) Grounds for relief Such section is further amended by adding at the end the following: An application for relief under this paragraph may be based on one or more grounds specified in subparagraphs (A) through (D) and may be amended at any time to change the ground or grounds for such relief without the application being resubmitted. . (d) Conforming amendment Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at the end the following: or qualifies for a waiver under section 216(c)(4) . (e) Proof of termination of the marriage due at final adjudication the hardship waiver Section 216(c)(4)(B) is amended by inserting or the alien has filed for termination of marriage and will furnish proof of termination by the time of adjudication after terminated (other than through the death of the spouse) ; (f) Children of conditional residents In the case of an alien who meets the requirements of subsection (c) the Secretary may adjust the status of any child of the alien as immediate relatives under section 201(b)(2)(A)(i) (8 U.S.C. 1151). (g) Effective dates (1) The amendments made by subsection (a) shall apply as if included in the enactment of the Violence Against Women Act of 2000. (2) The amendments made by subsections (b) and (c) shall apply to applications for relief pending or filed on or after April 10, 2003. (3) The amendments made by subsections (d) and (e) shall take effect upon enactment. 207. Asylum protections for victims of violence against women (a) Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: For purposes of determinations under this Act, any group whose members share a characteristic that is either immutable or fundamental to identity, conscience, or the exercise of one’s human rights such that the person should not be required to change it, shall be deemed a particular social group, without any additional requirement. . (b) Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) ) is amended by inserting a new clause (iii), as follows, and renumbering thereafter: (iii) Supporting evidence accepted Direct or circumstantial evidence, including evidence that the State is unable to protect the applicant or that the State, legal or social norms tolerate such persecution against persons like the applicant, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion. . (c) Section 208(d)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(6) ) is amended— (1) by inserting (A) In general — after (6) ; and (2) by adding at the end the following: (B) Exception Subparagraph (A) shall not apply to an alien who is otherwise eligible for classification or status as a VAWA self-petitioner, as described in section 101(a)(51) of this Act, or who is otherwise eligible for status either under section 101(a)(15)(T) or section 101(a)(15)(U) of this Act. . (d) Spouses and Children of Asylum Applicants Under Adjustment Provisions (1) In general Section 209(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1159(b)(3) ) is amended— (A) by inserting (A) after (3) ; and (B) by adding at the end the following: (B) was the spouse of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was granted; or (C) was the child of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was filed, . (2) Effective date The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and— (A) section 209(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1159(b)(3)(B) ), as added by paragraph (1)(B), shall apply to spouses of refugees for whom an asylum application is granted before, on, or after such date; and (B) section 209(b)(3)(C) of such Act ( 8 U.S.C. 1159(b)(3)(C) ), as so added, shall apply with respect to the child of a refugee for whom an asylum application is filed before, on, or after such date. (e) Children of refugee or asylee spouses and children A child of an alien who qualifies for admission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same admission status as such alien if the child— (1) is accompanying or following to join such alien; and (2) is otherwise admissible under such section 207(c)(2)(A) or 208(b)(3). (f) Elimination of arbitrary time limits on asylum applications Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (3) in subparagraph (B), as redesignated, by striking (D) and inserting (C) ; (4) by striking subparagraph (C), as redesignated, and inserting the following: (C) Changed circumstances Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum. ; and (5) by striking subparagraph (E). (g) Protections for Minors Seeking Asylum Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— (1) in subsection (a)(2), by adding at the end the following: (D) Applicability to minors Subparagraphs (A) and (B) do not apply to an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any Notice to Appear is issued. ; and (2) in subsection (b)(3)(C), by striking unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )), and inserting: applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any Notice to Appear is issued, . 208. Protections from removal for victims (a) Exception for VAWA Self-Petitioners Section 212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended— (1) by inserting (I) after (6)(A)(ii) ; and (2) by striking if violation of the terms of the alien’s nonimmigrant visa were substituted for unlawful entry into the United States in subclause (III) of that paragraph . (b) Waivers for abused aliens Section 212(a)(9)(C)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii)) is amended— (1) by inserting or the Attorney General after Secretary of Homeland Security ; and (2) by striking the language following clause (i) and inserting for humanitarian purposes, to assure family unity, when it is otherwise in the public interest, or in the case of an alien who is applying for or has a claim of relief as a VAWA self-petitioner . (c) Exemption from public charge ground (1) In general Section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) ) is amended by adding at the end the following new subparagraph: (E) Special rule for qualified alien victims Subparagraphs (A) through (C) shall not apply to an alien who is a VAWA self-petitioner, is an applicant or has been granted status under section 101(a)(15)(U), or is a qualified alien described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. . (2) Conforming amendment Section 212(a)(4)(C)(i) of such Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows: (i) the alien is described in subparagraph (E); or . (3) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply regardless of whether the alien’s application was filed before, on, or after such date. (d) Waiver for false claims to United States citizenship Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(ii) ) is amended— (1) by adding at the end the following new subclause: (III) Exception An alien who is a VAWA self-petitioner shall not be considered to be inadmissible under any provision of this subsection based on such representation. . (2) Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— (A) in the last sentence of this subsection, by striking , after or violation that he or she was a citizen ; and (B) by inserting ; or the alien is a VAWA self-petitioner; after violation that he or she was a citizen . (e) Waiver for certain VAWA self-Petitioners Section 212(d)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(11) ) is amended by adding at the end the following: The Attorney General may waive the application of clause (i) of subsection (a)(6)(E) in the case of an alien who is a VAWA self-petitioner. . (f) Waiver authorized Section 212(a)(9)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(A) ) is amended by adding at the end the following new clause: (iv) waiver for VAWA self-petitioner The Attorney General or the Secretary may waive the application of clauses (i) or (ii) if the alien is applying for relief as a VAWA self-petitioner. . (g) Conforming relief in suspension of deportation parallel to the relief available in the Violence Against Women Act of 2000 cancellation for bigamy (1) In general Section 244(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(a)(3) ) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall be applied as if or by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or permanent resident’s bigamy were inserted after by a spouse or parent who is a United States citizen or lawful permanent resident . (2) Effective date The provisions of paragraph (1) shall apply as if included in the enactment of the Violence Against Women Act of 2000. (h) Application of VAWA motions To reopen rules crime victims Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109–13 ), is amended— (1) in the first clause by deleting and parents— and adding parents, trafficking victims and crime victims— ; (2) by amending subclause (I) to read as follows: (I) if the basis for this motion is to apply for relief under sections 101(a)(15)(T), 101(a)(15(U), 245(a), 245(c), 245(l), 245(m), 240A(b)(2), and section 244(a)(3) (as in effect on March 31, 1997) or as a VAWA self-petitioner; ; (3) by amending subclause (II) to read as follows: (II) if the motion is accompanied by a cancellation of removal or adjustment of status application to be filed with the Attorney General or by a copy of the self-petition, or the application for relief under 101(a)(15)(T) or (U), that has been or will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and ; and (4) in the last paragraph of this section— (A) by inserting or an alien who qualifies for classification under 101(a)(15(U) after Act of 1996 ( 8 U.S.C. 1641(c)(1)(B) ) ; and (B) by inserting or an alien that qualifies for classification under 101(a)(15)(U) . (i) In general Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) is amended by adding at the end the following new subsection: (h) Any alien with a pending application under 101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997), shall not be ordered removed under this section. . 209. Naturalization (a) In general Section 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) ) is amended to read as follows: (a) (1) Any person who is— (A) a spouse of citizen of the United States; or (B) any person who obtained status as a lawful permanent resident and who was battered or subjected to extreme cruelty by a United States citizen who is or was a spouse, parent, son or daughter; and (2) may be naturalized— (A) upon compliance with all the requirement of this title except the provisions of paragraph (1) of section 316(a); (B) if such person immediately preceding the date of filing his or her application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years; (C) (i) during the three years immediately preceding the date of filing his or her application has been living in marital union with the citizen spouse who has been a United States citizen during all of such period; and (ii) in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse, parent, son or daughter, the requirement of subsection (C)(i) shall not apply regardless of whether the lawful permanent resident status was obtained on the basis of such battery or cruelty; (D) has been physically present in the United States for periods totally at least half of the time; (E) (i) has resided within the State or district of the Services in the United States in which the applicant filed his or her application for at least three months; or (ii) applications for naturalization filed under paragraph (a)(1)(B) of this section shall be handled under the procedures that apply to aliens seeking relief under section 101(a)(51) of the Immigration and Nationality Act; and (F) the provisions of section 204(a)(1)(J) shall apply in acting on an application under this subsection in the same manner as they apply in acting on petitions referred to in such section. . (b) effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applications for naturalization filed before, on, or after the date of the enactment of this Act. 210. General provisions (a) Expansion of fee waivers to consular fees and any fees in removal proceedings Section 245(l)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1255(l)(7) ) is amended to insert the Secretary of State, an immigration judge, and the Board of Immigration Appeals after The Secretary of Homeland Security . (b) Review of extreme cruelty Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) is amended by adding at the end the following: (M) For the purposes of this section and in all cases described in section 101(a)(51), under section 106, under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997), the determination of the existence of extreme cruelty is a question of law applied to facts and not a discretionary determination. . (c) Allowing judicial review in VAWA Cases Section 242(e)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1252(e)(4) ) is amended in subparagraph (A)— (1) by striking or ; (2) by inserting or after under section 208, ; and (3) by adding at the end the following new subsection: (C) is a VAWA self-petitioner, an applicant for relief under section 101(a)(15)(T) or (U), an applicant for relief under section 240A(b)(2), or an applicant for relief under section 244(a)(3) (as in effect on March 31, 1997), . (d) VAWA Unit Adjudications Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) ) is amended by adding at the end the following new paragraph: (52) Applications for relief, adjustment of status, employment authorization, parole, deferred action, or naturalization, and all administrative determinations relating to such applications under paragraphs (15)(T), (15)(U), (27)(J), and (51) of this section, or under section 106 shall be adjudicated at the VAWA Unit of Vermont Service Center. . 211. Technical corrections (a) Technical correction Effective as if included in the enactment of section 1505(c)(2) of Violence Against Women Act of 2000, section 237(a)(1)(H)(i)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(H)(i)(II) ) is amended by striking the period at the end and inserting ; or . (b) Additional technical correction Section 237(a)(7)(A)(i)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(7)(A)(i)(I) ) is amended by striking is self-defense and inserting in self-defense . (c) In general Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) is amended— (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking an incident of domestic violence and inserting battering or extreme cruelty by the United States citizen spouse ; (2) in subparagraph (A)(iv), by striking an incident of domestic violence and inserting battering or extreme cruelty by such parent ; (3) in subparagraph (A)(vii)(I), as added by section 816 of VAWA–2005, is amended by striking related to an incident of domestic violence and inserting related to battering or extreme cruelty by the United States citizen son or daughter ; (4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking due to an incident of domestic violence and inserting related to battering or extreme cruelty by the lawful permanent resident spouse ; and (5) in subparagraph (B)(iii), by striking due to an incident of domestic violence and inserting related to battering or extreme cruelty by such parent . (d) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the Violence Against Women Act of 2000, except that the amendment made by subsection (a)(3) shall apply as if included in the enactment of VAWA–2005. (e) Correction of cross-Reference to credible evidence provisions (1) VAWA Suspension of Deportation Section 309(c)(5)(C)(iii) of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1101 note), as amended by section 1510(b)(2) of the Violence Against Women Act of 2000, is amended by striking 204(a)(1)(H) and inserting 204(a)(1)(J) . (2) Effective date The amendments made by this section shall take effect as if included in the enactment of the Violence Against Women Act of 2000. (f) Miscellaneous corrections to VAWA–2005 (1) In general Section 204(a)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(D) ), is amended by striking a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable and inserting to continue to be treated as an immediate relative under section 201(b)(2)(A)(i), or to be a petitioner for preference status under section 203(a)(3) if subsequently married or a petitioner for preference status under section 203(a)(2)(A), whichever is applicable . (2) Effective date The amendments made by subsection (a) shall apply to applications filed before, on, or after the date of the enactment of the Violence Against Women Act of 2000. III VAWA Confidentiality 301. VAWA Confidentiality improvements (a) VAWA Confidentiality moved from IIRAIRA (1) In general The Illegal Immigration Reform and Immigration Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1367(a) ) is amended by striking section 384. (2) Conforming amendment Section 239(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e)(1) ) is amended by striking section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ) and inserting section 245B . (b) Insertion of VAWA Confidentiality in the INA The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 245A the following: 245B. Confidentiality of certain information relating to battered aliens (a) In general Except as provided in subsection (c) of this section, enforcement official may not— (1) make an adverse determination, using information furnished by a VAWA perpetrator, on— (A) admissibility of an alien, (B) deportability of an alien, (C) detention of an alien, (D) any application for immigration relief of an alien, or (E) whether or not to initiate an enforcement action against an alien, unless the alien has been convicted of a crime or crimes listed in section 237; or (2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under— (A) paragraph (15)(T), (15)(U), or (51) of section 101(a); (B) section 106; (C) section 240A(b)(2); (D) section 287(h); or (E) section 244(a)(3) (as in effect prior to March 31, 1997). (b) Duration of limitation on disclosure Notwithstanding section 552 of title 5, United States Code, the limitation under paragraph (2) ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted. (c) Exceptions to nondisclosure (1) In the same manner as census information The Attorney General may provide, in the Attorney General's discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code. (2) For law enforcement purposes The Attorney General may provide in the discretion of the Attorney General for the disclosure of information to Federal law enforcement officials to be used solely for a legitimate law enforcement purpose. (3) For purposes of judicial review Subsection (a) of this section shall not be construed as preventing disclosure of information in connection with judicial review of a determination in an immigration case described in subsection (a) of an alien protected by this section in a manner that protects the confidentiality of such information. (4) In accordance with explicit waiver by victims Subsection (a)(2) of this section shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection. (5) For purposes of determining eligibility for benefits The Attorney General and the Secretary of Homeland Security are authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)), in a manner that protects the confidentiality of such information. (6) For purposes of Congressional oversight Subsection (a) of this section may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). (7) For purposes of assisting victims in obtaining services Government entities adjudicating applications for relief under subsection (a)(2) of this section, and government personnel carrying out mandated duties under section 101(i)(1), may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims' service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant. (d) Penalties for violation Anyone who knowingly uses, publishes, or permits information to be disclosed in violation of this section or who knowingly makes a false certification under section 239(e) shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such violation. (e) Guidance The Attorney General and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence from harm that could result from the inappropriate disclosure of covered information. (f) Requirement To provide information about eligibility for immigration relief When information is furnished by a VAWA perpetrator, the Federal, State, or local agency receiving the information shall, within 24 hours, provide to the alien to whom the information pertains informational materials about eligibility for relief under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) along with referrals to local victim services agencies. (g) Definitions In this section: (1) The term enforcement officer means— (A) the Attorney General; (B) the Secretary of Homeland Security; (C) the Secretary of State; (D) any other official or employee of the Department of Homeland Security, the Department of Justice, or the Department of State (including any bureau or agency of either of any such Department); or (E) any other State or Federal Government officer or employee. (2) The term VAWA perpetrator means, with regard to an alien— (A) a spouse, parent, son, or daughter who has battered the alien or subjected the alien to extreme cruelty; (B) a member of the family of the spouse, parent, son, or daughter of the alien, who has battered the alien or subjected the alien to extreme cruelty; (C) a spouse, parent, son, or daughter of the alien who has battered the alien's child or subjected the alien's child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty); (D) a member of the family of the spouse, parent, son, or daughter of the alien who has battered the alien's child or subjected the alien's child to extreme cruelty when the spouse, parent, son, or daughter consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty; (E) in the case of an alien subjected to criminal activities listed in section 101(a)(15)(U)(iii), or an alien applying for status under section 101(a)(15)(U), the perpetrator of the criminal activity; (F) in the case of an alien subjected to a severe form of human trafficking or applying for status— (i) under section 101(a)(15)(T), (ii) under section 7105(b)(1)(E)(i)(II)(bb) of title 22, United States Code, (iii) under section 244(a)(3) of this Act (as in effect prior to March 31, 1999), or (iv) as a VAWA self-petitioner (as defined in section 101(a)(51)), the trafficker or perpetrator; or (G) in the case of an alien who is— (i) a VAWA self petitioner (as defined in section 101(a)(51)), or (ii) an alien described in section 106, 240A(b)(2), 287(h), or 244(a)(3) (as in effect on March 31, 1997), a spouse, parent, son or daughter of the alien or a member of the family of such spouse, parent, son or daughter who battered the alien (or the alien’s child) or subjected the alien (or the alien’s child) to battering or extreme cruelty. . (c) VAWA Confidentiality in removal proceedings Section 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) ) is amended— (1) in paragraph (1), by inserting after an alien at the following: or within 500 yards of ; and (2) in paragraph (2)(A), by inserting after supervised visitation center the following: hospital, Federally qualified health center, governmental and nongovernmental child, elder and adult protective services agency, school and head start program, religious or faith-based organization . (d) Expansion of definition of VAWA self-Petitioner Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) ) is amended— (1) in subparagraph (F), by striking or at the end; (2) in subparagraph (G), by striking the period at the end and inserting the following: ; ; and (3) by adding at the end the following: (H) section 106; and (I) special immigrant juveniles described in section 287(h). . (e) Additional requirements for section 287 (g) agreements Section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) is amended by adding at the end the following: (11) (A) All agreements (new or renewed) under this subsection executed by the Attorney General after the date of enactment of this subparagraph shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall, as a term of the agreement— (i) comply with policies, procedures and practices established by that State or subdivision that are publicized in the jurisdictions the officer or employee serves; (ii) issue certifications for non-citizen victims under section 101(a)(15)(U); and (iii) comply with and not violate the requirements of section 245B in the same manner and subject to the same sanctions as an employee of the Department of Homeland Security. (B) Not later than 180 days after entering into an agreement under this subsection, and annually thereafter, the State or subdivision shall report to the Department of Homeland Security the following— (i) the number of requests for certification under section 101(a)(15)(U); (ii) the number of U-visa certifications issued; (iii) the number of T-visa endorsements requests received; and (iv) the number of T-visa certifications issued. (C) The Secretary of Homeland Security shall submit an annual report to Congress listing the name of each State or subdivision and the information provided under subparagraph (B). . IV Training improvements 401. Training (a) Training of immigration judges in the executive office of immigration review Personnel of the Department of Homeland Security, the Department of Justice and the State Department who are in a position to come in contact with alien victims of crime shall be trained in identifying, making determinations regarding and providing for the protection of crime victims who have or may be eligible to apply for relief under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 710 ). Trainings developed under this paragraph shall include information on the range of forms of immigration relief available to help immigrant crime victims and the requirements of VAWA confidentiality 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). Officials to receive ongoing training include but are not limited to— (1) Department of Justice— (A) immigration judges; (B) the Board of Immigration Appeals; and (C) officials responsible for investigating, prosecuting and adjudicating VAWA confidentiality violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ); (2) Department of Homeland Security— (A) the Administrative Appeals Unit employees; (B) VAWA Unit employees; (C) officials responsible for investigating, prosecuting and adjudicating VAWA confidentiality violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ); (D) personnel involved in immigration enforcement at Immigration and Customs Enforcement and Customs and Border Patrol; (E) Immigration and Customs Enforcement trial attorneys; and (F) all personnel involved in managing or supervising the VAWA Unit or ICE trial attorneys; and (3) Department of State— (A) consular officials; and (B) officials responsible for coordination of State Department efforts regarding application for relief under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 710 ). (b) Any training program conducted in satisfaction of the requirement of paragraph (a) has been or will be developed with input from and in collaboration nonprofit, nongovernmental experts with experience working with immigrant victims of domestic violence, sexual assault, or human trafficking. (c) Within 180 days after the effective date of this act, the Secretary of the Department of Homeland Security, the Attorney General, and the Department of State shall in consultation with the Office of Policy and Strategy of U.S. Citizenship and Immigration Services shall establish program for ongoing training described in paragraph (a) and shall craft and implement policies and protocols on the appropriate handling of cases involving victims described in or who have filed cases under Immigration and Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims 14 Protection Act of 2000 ( 22 U.S.C. 710 ). All policies and procedures developed pursuant to this section shall be made publically available and posted on the DHS website. (d) Accredited representative-Victim client privilege (1) Extending State victim-advocate privilege laws to accredited representatives It is the Sense of Congress that all States should promulgate victim-advocate privilege laws and that State victim-advocate privilege laws should be implemented in a manner that extends victim-advocate privilege to accredited representatives working for community-based organizations recognized by the Board of Immigration Appeals in the representation of victims in cases filed with the Department of Homeland Security, the Board of Immigration Appeals or immigration judges. (2) Regulations amended to offer accredited representative privilege Within 180 days of enactment, the Board of Immigration Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend privilege co-extensive with attorney client privilege to accredited representatives and qualified recognized organizations to whom the Board of Immigration Appeals has provided recognition or accreditation. 402. Services for Trafficking Victims (a) Access to victim’s services (1) Subsection 107(c) of the Trafficking Victims Protection Act of 2000 is amended— (A) by deleting paragraph (2) and replacing it with the following new paragraph: (2) Access to information and services Victims and potential victims of severe forms of trafficking shall have access to information about their legal rights and shall be provided translation services. A list of victim services agencies shall be provided within 24 hours of discovery of a potential victim. Potential victims shall not be placed in any local, State, or Federal jail or detention facility unless it has clearly been ascertained that an individual is not a victim of a severe form of trafficking in persons. ; and (B) in paragraph (3) by deleting Federal law enforcement officials and inserting Any Federal and local law enforcement agents authorized to investigate trafficking in persons crimes . (2) Section 103 of the trafficking victims protection act of 2000 is amended by adding at the end the following new subsection: (15) the term victim services means a nonprofit, nongovernmental organization that assists trafficking victims, including trafficking, battered women and sexual assault crisis centers, trafficking and battered women’s shelters, and other trafficking, sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations assisting trafficking victims through the legal process. . (3) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. (b) Conforming amendments for public and assisted housing Section 214 of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a ) is amended— (1) by amending subsection (a) to read as such subsection would have read if the amendments to such subsection made by section 3(b) of Public Law 106–504 were made to such subsection rather than to section 214(a) of the Housing Community Development Act of 1980; (2) in subsection (a), as amended by paragraph (1) of this subsection— (A) in paragraph (6), by striking or at the end; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph: (7) a qualified alien, as such term is defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ); or ; and (3) in subsection (c)— (A) in paragraph (1)(A), by striking (6) and inserting (8) ; and (B) in paragraph (2)(A), in the matter preceding clause (i), by inserting (other than a qualified alien, as such term is defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) after any alien . (c) Improving Access to Benefits for Immigrant Victims (1) In general The Secretary of Health and Human Services, in consultation with the Secretary of Housing and Urban Development and Secretary of Department of Agriculture and the and Secretary of the Department of Education, shall develop an information pamphlet, as described in paragraph (2), on legal rights for immigrant victims to access public benefits and distribute and make such pamphlet available as described in paragraph (5). In preparing such materials, the Secretary of Health and Human Services shall consult with nongovernmental organizations with expertise on the legal rights to public benefits access for immigrant victims of battery, extreme cruelty, sexual assault, and other crimes. (2) Information pamphlet The information pamphlet developed under paragraph (1) shall include information on the following: (A) Definition of Qualified Immigrants eligible for Federal public benefits. (B) Housing rights of qualified immigrant. (C) Federal- and State-funded housing programs open to all immigrants including emergency shelter and transitional housing for up to two years. (D) Qualified immigrant access to post-secondary financial aid, grants and loans. (E) Qualified immigrant access to Federal means tested public benefits including access to— (i) Medicaid; (ii) Medicaid and SCHIP for qualified immigrant children and pregnant women; (iii) food stamps; (iv) food stamps for qualified immigrant children; (v) SSI; (vi) TANF; (vii) child care; and (viii) foster care/adoption assistance, child support services. (F) Legal rights of immigrants to access programs, resources and services that are— (i) necessary to protect life and safety; (ii) medical assistance under title XIX of the Social Security Act; (iii) short-term, non-cash, in-kind emergency disaster relief; (iv) public health assistance for immunizations and treatment for symptoms of communicable diseases; (v) programs for housing or community development assistance or financial assistance administered by the secretary of HUD; (vi) HHS HRSA funded health care programs; and (vii) State-funded benefits. (G) Resources through which victims can obtain referrals to programs in their community and/or State that provide advocacy, social services, legal services and other supportive services to immigrant victims of domestic violence, sexual assault, human trafficking, elder abuse or crime victims. (3) Translation In order to best serve the language groups having the greatest concentration of immigrants seeking public benefits, the information pamphlet developed under paragraph (1) shall, subject to subparagraph (B), be translated by the Secretary of Health and Human Services into foreign languages that at a minimum include the top 15 languages of legal permanent residents and shall be responsible for reviewing these languages every 5 years and adding additional languages accordingly such other languages as the Secretary of State, in the Secretary’s discretion, may specify. (4) Availability and distribution The information pamphlet developed under paragraph (1) shall be made available and distributed as follows: (A) The Federal agencies described in subparagraph (C) shall distribute the pamphlet developed under subparagraph (1) to all— (i) agency grantees; (ii) State agencies responsible for granting Federal public benefits; and (iii) public housing authorities. (B) Posting on Federal Websites The pamphlet developed under paragraph (1) shall be accessibly posted on the Websites of each of the Federal Government agencies listed in subparagraph (C). (C) Responsible Federal agencies (i) Department of Health and Human Services; (ii) Department of Agriculture; (iii) Department of Housing and Urban Development; (iv) Department of Education; and (v) Department of Homeland Security. (5) Deadline for pamphlet development and distribution The pamphlet developed under paragraph (1) shall be distributed and made available (including in the languages specified under paragraph (4)) not later than 180 days after the date of the enactment of this Act. (d) Effective date The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations to carry out such amendments are implemented. 403. Encouraging Custody determinations and VAWA Confidentiality protections in State courts Subtitle J of title IV of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043 et seq. ) is amended— (1) in paragraph (2) of section 41002, by inserting (including under 8 U.S.C. 1367 ), U-visa certification under the Immigration and Nationality Act Section 214(p), after confidentiality ; and (2) in section 41003— (A) in paragraph (2)(B), by striking and after the semicolon; (B) in paragraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (3) Priority should given to applicants in which the grantee’s trainings and organizational policies, practices, procedures, and rules encourage judges issuing protection orders to include child custody provisions in the protection order when the parties before the court have a child in common. . 404. Improving language access to services provided under the violence against women’s act of 1994 for persons with limited English proficiency (a) Goals (1) To improve access to programs, activities, and services for victims of violence and other individuals who, as a result of national origin, are limited in their English proficiency. (2) To ensure that the programs, activities, and services for victims of violence that are normally provided in English are accessible to victims and other individuals with Limited English Proficiency and thus do not discriminate on the basis of national origin in violation of title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations. (3) To confirm that violation of language access rights for Limited English Proficient individuals is a violation of the protections against discrimination based on national origin protected by the Civil Rights Act of 1964. (4) To restore the right of Limited English Proficient individuals to a private right of action to enforce all Title VI protection including disparate impact protections. (5) To provide a statutory definition of limited English proficient that is consistent with the definition set forth by the DOJ LEP Guidance, 67 Fed. Reg. 41455, 41459 (June 18, 2002). (b) Definition Limited English Proficient— (1) Limited English Proficient means individuals who— (A) who do not speak English as their primary language; and (B) who have a limited ability to (i) read; (ii) write; (iii) speak; or (iv) understand English. (2) If an individual described in subsection (A) meets any one of the requirements of subsections (B)(i), B(ii), B(iii), or B(iv) the individual is limited English proficient without regard to the fact that the individual may speak some English. (c) Enforcement with regard to government entities (1) Civil Actions for Injunctive Relief (A) Victims aggrieved; intervention by Attorney General; legal representation; commencement of action without payment of fees, costs, or security Whenever there are reasonable grounds to believe that a Federal, State or local government entity has denied a person access to programs, activities, or services on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the Attorney General may intervene in such civil action. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security. (B) Attorney’s fees; liability of United States for costs In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person. (C) State or local enforcement proceedings; notification of State or local authority; stay of Federal proceedings In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, no civil action may be brought under subsection (a) of this section before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. (D) (i) Civil rights act of 1964 Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended— (I) by striking No and inserting (a) No ; and (II) by adding at the end the following: (b) (1) (A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— (i) a person aggrieved by discrimination on the basis of race, color, or national origin (referred to in this title as an aggrieved person ) demonstrates that an entity subject to this title (referred to in this title as a covered entity ) has a policy or practice that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or (ii) the aggrieved person demonstrates (consistent with the demonstration required under title VII with respect to an alternative employment practice ) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. . (2) Civil Actions by the Attorney General (A) Complaint Whenever the Attorney General has reasonable cause to believe that a Federal, State or local government entity or any employee or group of employees is engaged in a pattern or practice of denying access to programs, activities, or services provided to victims under the Violence Against Women’s Act of 1994 or under any other State or Federal law, on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, and that the pattern or practice is of such a nature and is intended to deny access to programs, activities, or services provided to victims on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint— (i) signed by the Attorney General (or in the Attorney General’s absence the Acting Attorney General); (ii) setting forth facts pertaining to such pattern or practice; and (iii) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full availability of programs, activities, and services provided under the to limited English proficient victims. (B) In order to ensure full enforcement under this section, the provisions of this section do not limit the ability of the Attorney General to use existing authority to bring litigation and to enforce Title VI by any another other means available to him or her under the law. (3) Jurisdiction; three-judge district court for cases of general public importance: hearing, determination, expedition of action, review by Supreme Court; single judge district court: hearing, determination, expedition of action (A) The district courts of the United States shall have and shall exercise jurisdiction in proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. (B) If no three-judge panel has been requested, the handling of the case shall be expedited. It shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending to immediately designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. (d) Enforcement with regard to governmental and non-Governmental entities (1) Language access plans required— (A) all recipients of Federal grant funding shall provide a copy of the agency’s language access plan to the Federal agency that provided their grant no later than one year after receipt of funding; and (B) a copy of the agency's language access plan shall be submitted as an attachment along with the first grant report due to the Federal grant maker falling after the date of the six-month anniversary of the grant award. (2) Language access plan must address at a minimum the following: (A) The types of language services available. (B) How staff can obtain those services. (C) How to respond to LEP callers. (D) How to respond to written communications from LEP individuals. (E) How to respond to LEP individuals who have in-person contact with recipient staff. (F) How to ensure competency of interpreter and translation services. (G) How staff will receive training on the requirements of the policy. (H) How the agency provides outreach and notice of the language services available. (I) How to respond to complaints by LEP individuals. (J) How the plan will be monitored and updated. (3) Revocation of Funding (A) Whenever the Department of Justice (DOJ) or the Department of Health and Human Services (HHS) has reasonable cause to believe that any grant recipient is engaged in a pattern or practice of denying access to programs, activities, or services provided to victims on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, the DOJ or HHS shall require the grant recipient to prepare a plan demonstrating how it to improve access to its government-funded programs, activities, and services for victims with limited English Proficiency. Each plan shall include the steps the grant recipient will take to ensure that eligible limited English Proficiency persons can meaningfully access the grantee’s programs, activities, and services. If such a grantee fails to develop an acceptable plan with 120 days of the request, the DOJ or HHS may revoke that grantee’s funding. (B) The requirement provided by subsection (1) are in addition to the requirements set forth in 42 U.S.C. 2000d–1. (4) All recipients and subrecipients of Federal grants shall comply with Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons and for persons without regard to their alienage status. (e) Nondiscrimination All relief and assistance activities, including justice system assistance and immigration relief, offered to victims of domestic violence, sexual assault, dating violence, stalking, elder abuse and human trafficking shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, ethnicity, or, religion, nationality, sex, age, disability, English proficiency, alienage status, or economic status. (f) Interpreters for court proceedings under this section (1) Civil actions In any civil action brought pursuant to this section, the court shall be required to provide a foreign language interpreter. (2) Conforming amendments The Court Interpreters Act of 1978, 28 U.S.C. 1827 is amended by adding at the end the following: Interpreters shall be provided in court proceedings brought to enforce section 404 of the Violence Against Women Act of 2011 for civil actions brought by an individual or the United States. . V Access To Services 501. Ensuring issuance of U- and T-visa certifications and access to services (a) Grant conditions Section 40002 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 ) is amended in subsection (b) by adding at the end the following: (12) Civil Rights (A) Nondiscrimination No person in the United States shall on the basis of actual or perceived race, color, religion, national origin, alienage status, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, age, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386 ; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162 ; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2011, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women. (B) Exception If gender segregation or gender-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual’s gender. In such circumstances, alternative reasonable accommodations are sufficient to meet the requirements of this paragraph. (C) Discrimination The provisions of paragraphs (2) through (4) of section 809(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3789d(c) ) apply to violations of subparagraph (A). (D) Construction Nothing contained in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common. (13) Compliance with Title VI of the Civil Rights Act of 1964 An entity applying for funding under this title shall certify to the Office on Violence Against Women that the entity will comply with their obligations under Title VI of the Civil Rights Act of 1964, including taking reasonable steps to ensure meaningful access to its programs and activities by persons who are limited in their English proficiency, in order to avoid discrimination on the basis of national origin. (14) Content of applications All grant applications submitted for funding shall contain documentation in the text of the grant application and a line item in the budget that provides for language access to the services being provided or documentation about local demographics justifying why the budget does not address language access. . (b) STOP grants (1) Development of training Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg(b) ) is amended— (A) in paragraph (13), by striking and at the end of subparagraph (D); (B) in paragraph (14), by striking the period at the end of subparagraph (C) and inserting ; and ; and (C) by adding after paragraph (14) the following new paragraph: (15) the development and implementation of procedures, policies, or protocols and training within courts, prosecutors’ offices, and law enforcement agencies to ensure that agency personnel have received training on and are not encouraging, promoting or facilitating the violation of Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ) and that agencies receiving funding are issuing certifications in U-visa and T-visa cases for victims applying for relief under Section 101(a)(15)(T) and (U) of Immigration and Nationality Act. . (2) Funding priority Section 2001(d) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg(d) ) is amended by inserting at the end the following: (5) Priority in funding shall be given to programs whose applications demonstrate that the applicant has or is willing to implement within 6 month after receipt of funding protocols, policies, or practices that— (A) ensure compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166; (B) ensure that the agency does not violate, facilitate or encourage the violation of VAWA confidentiality as defined in section 387 of the Immigration and Nationality Act ( 8 U.S.C. 1367 ); and (C) result in the agency issuing certifications for noncitizen victims applying for relief under sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is eligible to sign certifications in T- or U-visa cases. . (c) Grants To encourage arrest policies (1) Grant authority Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796hh(b) ) is amended by adding at the end the following: (14) To develop or strengthen policies, protocols and training for law enforcement, prosecutors, and the judiciary in recognizing, detecting, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of T and U visas ( 8 U.S.C. 1101(a)(15) (T) and (U)) and providing training on and are not encouraging, promoting or facilitating the violation of Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). (15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors and the judiciary on language access under Executive Order No. 13166 65 Fed. Reg. 50, 121 (Aug. 16, 2000). . (2) Eligibility Section 2101(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796hh(c) ) is amended— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period and inserting ; and ; and (C) by adding at the end the following: (6) Priority in funding shall be given to programs whose applications demonstrate that the applicant has or is willing to implement within 6 months after receipt of funding protocols, policies, or practices that— (A) ensure compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166; (B) ensure that the agency does not violate, facilitate or encourage the violation of VAWA confidentiality as defined in section 387 of the Immigration and Nationality Act ( 8 U.S.C. 1367 ); and (C) result in the agency issuing certifications for noncitizen victims applying for relief under sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is eligible to sign certifications in T- or U-visa cases. . (d) Transitional housing assistance grants Section 40299 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13975 ) is amended in subsection (d)(2)(B) by— (1) inserting — (i) after provide assurances that ; and (2) adding at the end the following: (ii) applicants are able to prove eligibility for the housing program funded under this grant using any credible evidence (as defined in section 204(a)(1)(J) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J))); and (iii) the program serves underserved victims and is compliant with title VI of the Civil Rights Act of 1964, and Executive Order 13166 (65 Fed. Reg. 50, 121). . (e) Campus grants available for victims with limited English proficiency Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 42 U.S.C. 14045b ) is amended— (1) in subsection (b)(4), by inserting and language access to such services after physiological counseling, ; (2) in subsection (c)(2)(C), by inserting proportion, demographics, and language needs of international students, after demographics of the population, ; and (3) in subsection (d)(1), by inserting translation, after technical, . 502. VAWA unit adjudications (a) Transfer of all VAWA confidentiality and VAWA-Related cases to the VAWA unit Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new subsection: (52) Applications under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 106, section 216(c)(4), and parole for children of VAWA cancellation recipients and the full range of adjudications related to such cases including adjustments, work authorizations, parole, fax-back benefits authorizations, employment verification, and naturalization, for applicants and derivative beneficiaries shall be adjudicated at the VAWA Unit of Vermont Service Center. . (b) Authorization of appropriations (1) There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to provide for the Violence Against Women Act Unit at the Vermont Service Center of the United States Citizenship and Immigration Services which shall be responsible for processing consistent with VAWA confidentiality requirements the full range of adjudications, adjustments, work authorizations, parole, fax-back benefits and employment verification, and naturalization, for applicants and derivative beneficiaries related to VAWA self-petitions (INA section 101(a)(51); T visas (INA section 101(a)(15)(T), U visas (INA section 101(a)(15)(U); battered spouse waivers (INA section 216(c)(4)); abused immigrant work authorizations (INA section 106) and parole for children of VAWA cancellation recipients ( Public Law 103–222 , reauthorized Public Laws 106–326, 108–193; 109–162; 109–164) and any other VAWA confidentiality protected matters. Nothing in this section shall preclude DHS placement at the VAWA Unit of other victim related adjudications. Subject the authority of immigration judges adjudicate adjustment of status applications from aliens in proceedings who have been granted VAWA self-petition, T visas or U visas, no official in the Department of Homeland Security or the Department of Justice is authorized to adjudicate any matter related that is directed by this section to be determined by the VAWA Unit. (2) The Department of Homeland Security shall include in its budget each year a specific line item describing funding included to support the VAWA Unit. 503. Victims of Crime Act improvements (a) Crime victim compensation Section 1403(b)(4) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10602(b)(4) ) is amended by inserting or non-citizens of the United States after nonresidents of the State . (b) Crime victim assistance Section 1404 of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by striking spousal abuse, and inserting domestic violence, dating violence, stalking, elder abuse, ; (B) in subparagraph (B), by inserting (i) are based on the definition of underserved populations as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ), and (ii) after implement this section that ; (C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (D) by inserting after subparagraph (B) the following new subparagraph: (C) ensure that programs receiving funds are open to crime victims on a non-discriminatory basis without regard to language proficiency or alienage status. ; (2) in subsection (b)(1)— (A) in subparagraph (E), by striking and after the semicolon; (B) by moving subparagraph (F) two ems to the left, and by striking the period at the end of such subparagraph and inserting ; and ; and (C) by adding at the end the following new subparagraph: (G) does not discriminate against, and offers services and assistance to, victims who do not unreasonably refuse to provide assistance in a criminal investigation or prosecution. For purposes of this paragraph the definition of do not unreasonably refuse to provide assistance shall be the same as the used under section 245(m) of the Immigration and Nationality Act (8 U.S.C. 1255(m)). ; (3) in subsection (c)(1)— (A) in subparagraph (B), by striking and after the semicolon; (B) in subparagraph (C), by striking victim service organizations and all that follows and inserting victim service organizations, legal services programs, and coalitions to improve outreach and services to victims of crime, including immigrant, limited English proficient, and underserved victims; and ; and (C) by adding at the end the following new subparagraph: (D) for improving language access to victim services and the civil, criminal, immigration, and family justice systems. ; and (4) in subsection (d)— (A) in paragraph (2), by amending subparagraph (C) to read as follows: (C) assistance in participating in criminal, civil, family, and immigration justice system proceedings relating to prevention of, obtaining relief from, escaping, ameliorating the effects of, or offering future protection against, victimization; and ; and (B) in paragraph (4), by inserting , and assistance to crime victims in obtaining protection orders and in obtaining immigration relief after of crime . 504. Research on violence against women (a) In general Each of the research grant programs listed in subsection (b) shall include as a purpose and permitted use of Federal funding research— (1) on victimization by domestic violence, sexual assault, stalking, dating violence and elder abuse including dynamics; (2) intervention, impact, prevention, and effectiveness of— (A) victim services; (B) the civil and criminal justice system; (C) health care; (D) mental health care; (E) immigration relief; (F) legal assistance; and (G) other interventions; (3) outcomes for victims; and (4) victim’s access to services and protections, including the needs of underserved, immigrant and limited English proficient victims. (b) Application Subsection (a) shall apply to research under the following: (1) National Institute of Justice Section 202(c)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3722 ). (2) Centers for Disease Control and Prevention; Study by National Center for Injury Prevention and Control Section 402(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 42 U.S.C. 280b–4(a) ). (3) Interpersonal violence within families and among acquaintances Section 393 of the Public Health Service Act ( 42 U.S.C. 280b–1a ). (4) Agency for healthcare research and quality—research, evaluations, and demonstration projects on health care for priority populations Subparagraph (B) of section 901(c)(1) of the Public Health Service Act (42 U.S.C. 299(c)(1)). (5) Research on health disparities Section 903 of the Public Health Service Act ( 42 U.S.C. 299a–1 ). (6) Substance abuse and mental health services administration—office for substance abuse prevention Subsection (b) of section 515 of the Public Health Service Act ( 42 U.S.C. 290bb–21(b) ). (7) Center for mental health services Section 520 of the Public Health Service Act ( 42 U.S.C. 290bb–31(b) ). (8) National Institute of Drug Abuse Subsection (b) of section 464L of the Public Health Service Act ( 42 U.S.C. 285o ). (9) National drug abuse research centers Subparagraph (F) of section 464N of the Public Health Service Act ( 42 U.S.C. 285o–2(c)(2) ). (10) National Institute of Mental Health Paragraph (2) of section 464R(e) of the Public Health Service Act ( 42 U.S.C. 285p(e) ). (11) Office of research on womens health Subsection (b) of section 486 of the Public Health Service Act ( 42 U.S.C. 287d ). (12) Office of research on womens health advisory committee Paragraph (4) of section 486(d) of the Public Health Service Act ( 42 U.S.C. 287d ). VI Marriage Visa Protections 601. Protections for a fiancée or fiancé of a citizen (a) In general Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking crime. and inserting crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i). ; (B) in paragraph (2)(A), in the matter preceding clause (i)— (i) by striking a consular officer and inserting the Secretary of Homeland Security ; and (ii) by striking the officer and inserting the Secretary ; and (C) in paragraph (3)(B)(i), by striking abuse, and stalking. and inserting abuse, stalking, or an attempt to commit any such crime. ; and (2) in subsection (r)— (A) in paragraph (1), by striking crime. and inserting crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i). ; and (B) by amending paragraph (4)(B)(ii) to read as follows: (ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)). ; and (3) in paragraph (5)(B)(i), by striking abuse, and stalking. and inserting abuse, stalking, or an attempt to commit any such crime. . (b) Provision of information to K nonimmigrants Section 833 of the International Marriage Broker Regulation Act of 2005 ( 8 U.S.C. 1375a ) is amended— (1) in subsection (a)(5)(A)— (A) in clause (iii)— (i) by striking State any and inserting State, for inclusion in the mailing described in clause (i), any ; and (ii) by striking the last sentence; and (B) by adding at the end the following: (iv) The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ). Any appropriate information obtained from such background check— (I) shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and (II) shall not be used or disclosed for any other purpose unless expressly authorized by law. (v) The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r)(4)(B) of such section 214, that calls to the applicant’s attention— (I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition; (II) the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and (III) whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 214 is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214. ; and (2) in subsection (b)(1)(A), by striking or after orders and inserting and . 602. Regulation of international marriage brokers (a) Implementation of the International Marriage Broker Act of 2005 (1) Findings Congress finds the following: (A) The International Marriage Broker Act of 2005 (subtitle D of Public Law 109–162 ; 119 Stat. 3066) has not been fully implemented with regard to investigating and prosecuting violations of the law, and for other purposes. (B) Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for-profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Department of Justice will investigate and prosecute violations of such Act. (2) Report Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that includes the following: (A) The name of the component of the Department of Justice responsible for investigating and prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D of Public Law 109–162 ; 119 Stat. 3066) and the amendments made by this Act. (B) A description of the policies and procedures of the Attorney General for consultation with the Secretary of Homeland Security and the Secretary of State in investigating and prosecuting such violations. (b) Technical Correction Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 ( 8 U.S.C. 1375a(a)(2)(H) ) is amended by striking Federal and State sex offender public registries and inserting the National Sex Offender Public Website . (c) Regulation of international marriage brokers Section 833(d) of the International Marriage Broker Regulation Act of 2005 ( 8 U.S.C. 1375a(d) ) is amended— (1) by amending paragraph (1) to read as follows: (1) Prohibition on marketing of or to children (A) In general An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18. (B) Compliance To comply with the requirements of subparagraph (A), an international marriage broker shall— (i) obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity; (ii) indicate on such certificate or document the date it was received by the international marriage broker; (iii) retain the original of such certificate or document for 7 years after such date of receipt; and (iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph. ; (2) in paragraph (2)— (A) in subparagraph (A)(i)— (i) in the heading, by striking registries .— and inserting website .— ; and (ii) by striking Registry or State sex offender public registry, and inserting Website, ; (B) in subparagraph (B)(i), by striking permanent civil and inserting final ; and (C) in subparagraph (B)(ii)— (i) by inserting or endangerment, elder abuse or neglect or exploitation after child abuse or neglect ; and (ii) by striking or stalking. and inserting stalking, or an attempt to commit any such crime. ; (3) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (i), by striking Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry, in which the United States client has resided during the previous 20 years, and inserting Website ; and (ii) in clause (iii)(II), by striking background information collected by the international marriage broker under paragraph (2)(B); and inserting signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B); ; and (B) by striking subparagraph (C); (4) in paragraph (5)— (A) in subparagraph (A)(ii), by striking A penalty may be imposed under clause (i) by the Attorney General only and inserting At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General ; (B) by amending subparagraph (B) to read as follows: (B) Federal criminal penalties (i) Failure of international marriage brokers to comply with obligations Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States— (I) except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both; or (II) knowingly violates or attempts to violate paragraphs (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. (ii) Misuse of information A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both. (iii) Fraudulent failures of United States clients to make required self-disclosures A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into entering a dating or matrimonial relationship, makes false or fraudulent representations regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both. (iv) Relationship to other penalties The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual. (v) Construction Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order. ; and (C) in subparagraph (C), by striking the period at the end and inserting including equitable remedies. ; (5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (6) by inserting after paragraph (5) the following: (6) Enforcement (A) Authority The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section. (B) Consultation The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section. . (d) GAO study and report Section 833(f) of the International Marriage Broker Regulation Act of 2005 ( 8 U.S.C. 1375a(f) ) is amended— (1) in the subsection heading, by striking study and report .— and inserting studies and reports .— ; and (2) by adding at the end the following: (4) Continuing impact study and report (A) Study The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) on the process for granting K nonimmigrant visas, including specifically a study of the items described in subparagraphs (A) through (E) of paragraph (1). (B) Report Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013 , the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subparagraph (A). (C) Data collection The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A). . VII Sexual abuse in prisons 701. Sexual abuse in custodial settings (a) Suits by prisoners Section 7(e) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(e) ) is amended by inserting before the period at the end the following: or the commission of a sexual act (as defined in section 2246 of title 18, United States Code) . (b) United States as defendant Section 1346(b)(2) of title 28, United States Code, is amended by inserting before the period at the end the following: or the commission of a sexual act (as defined in section 2246 of title 18) . (c) Adoption and effect of national standards Section 8 of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15607 ) is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: (c) Applicability to detention facilities operated by the department of homeland security (1) In general Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2011, the Secretary of Homeland Security shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of aliens detained for a violation of the immigrations laws of the United States. (2) Applicability The standards adopted under paragraph (1) shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated under contract with the Department. (3) Compliance The Secretary of Homeland Security shall— (A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and (B) include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security. (4) Considerations In adopting standards under paragraph (1), the Secretary of Homeland Security shall give due consideration to the recommended national standards provided by the Commission under section 7(e). (5) Definition As used in this section, the term detention facilities operated under contract with the Department includes, but is not limited to, contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security. (d) Applicability to custodial facilities operated by the department of health and human services (1) In general Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2011, the Secretary of Health and Human Services shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))). (2) Applicability The standards adopted under paragraph (1) shall apply to facilities operated by the Department of Health and Human Services and to facilities operated under contract with the Department. (3) Compliance The Secretary of Health and Human Services shall— (A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and (B) include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services. (4) Considerations In adopting standards under paragraph (1), the Secretary of Health and Human Services shall give due consideration to the recommended national standards provided by the Commission under section 7(e). . VIII Data collection 801. Annual report on immigration applications made by victims of abuse (a) In general Not later than December 1, 2013, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: (1) The number of aliens who— (A) submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year; (B) were granted such nonimmigrant status during such fiscal year; or (C) were denied such nonimmigrant status during such fiscal year. (2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year. (3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year. (4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(3) ) during the preceding fiscal year. (5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4). (6) The numbers of adjudicators and managers working in the VAWA Unit, the length each has served on the unit, and the years of experience each has on domestic violence, sexual assault, human trafficking and crime victimization issues. (7) A description of the training VAWA Unit adjudicators and managers received that fiscal year on domestic violence, sexual assault, human trafficking and crime victimization and VAWA confidentiality issues. (8) A description of the training Immigration and Customs Enforcement and Customs and Boarder Patrol enforcement agents and Immigration and Custom’s Enforcement trial attorneys and chief counsel mandatorily receive and optionally receive on— (A) VAWA confidentiality; (B) screening to identify immigrants eligible for— (i) humanitarian release; (ii) favorable exercise of prosecutorial discretion; or (iii) U visas, T visas, and VAWA self-petitions or other forms of VAWA confidentiality protected relief; (C) the Department of Homeland Security broadcast message on VAWA confidentiality and the Central Index System’s new 384 class of admission code; (D) U-visa certification and T-visa endorsement by Department of Homeland Security officials and State law enforcement; and (E) collaboration with local law enforcement and victim services programs on VAWA self-petitioning, VAWA cancellation of removal, U-visa and T-visa cases. (9) The number of VAWA confidentiality violation complaints filed including— (A) the data on the types of complaints filed; (B) each division in which the employee works against whom the complaint was filed; (C) the outcome, including any action taken on the complaint; (D) the mean and median time between receipt of the complaint and culmination of action on the complaint; and (E) the report shall not include any personally identifying information about the complainant, the person against whom the complaint was filed, or any witnesses. (10) The degree of compliance with the Prison Rape Elimination Act of 2003, as amended by this Act, achieved by each detention facility operated by the Department of Homeland Security and each detention facility operated under contract with the Department during the preceding fiscal year. (11) The number of reports alleging sexual abuse filed at each detention facility operated by the Department of Homeland Security and each detention facility operated under contract with the Department during the preceding fiscal year, including an indication of the number of reports sustained at each facility. (b) Reporting requirement Not later than December 1, 2012, and annually thereafter, the Legal Services Corporation shall submit a report to the Senate Committee on the Judiciary and the House Committee on the Judiciary identifying the following: (1) Steps taken to consult with and include programs serving victims of domestic violence, dating violence, sexual assault, and stalking, population specific programs, culturally specific programs, and representatives from underserved populations in community consultations used to determine what services each Legal Services Corporation funded program provides. (2) Steps taken by the Corporation to implement and provide training to programs funded by the Corporation on the provisions of section 104 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. (3) The number and proportion of programs receiving funding from the Corporation that have implemented policies and procedures (including those for intake and screening) designed to ensure that victims described in section 104 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 are able to access legal assistance from the program. (c) Study The Comptroller General of the United States shall conduct a study— (1) on the impact of section 384 of the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA) ( 8 U.S.C. 1367 ) and section 239(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e)(1) ) and the VAWA confidentiality protections generally, including in particular— (A) the annual number of aliens receiving certification subject to 239(e)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e)(1) ); and (B) the annual number of aliens described in section 384 of IIRAIRA and cases contained in the computerized section 384 confidentiality system who— (i) have been issued notices to appear by the Department of Homeland Security; (ii) have pending cases in immigration proceedings; (iii) have orders of removal issued against them; (iv) have been issued immigration detainers; or (v) have been placed in detention by the Department of Homeland Security; (2) that examines the extent to which the Attorney General, the Secretary of Homeland Security, the Secretary of State, and local law enforcement agencies participating in the program under section 287(g) of the Immigration and Nationality Act, have implemented policies, practices, or protocols that— (A) screen for victimization, eligibility for humanitarian release, and eligibility for relief under sections 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) of the Immigration and Nationality Act or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 710); (B) provide potential victims with information about the forms of immigration relief listed in subparagraph (A); (C) result in T- and U-visa certification; and (D) are designed to ensure that immigrant victims are not subjected to immigration enforcement related to the perpetrator’s actions or communications; (3) that reports on the number of section 298(g) jurisdictions that have memoranda of understanding with the Secretary of Homeland Security requiring practices that result in T- and U-visa certifications and compliance with VAWA confidentiality protections by officers and departments participating in the section 287(g) program; and (4) that reports on the proportion of Federal, State and local law enforcement agencies that— (A) have designated an individual to sign U-visa certifications; (B) have U-visa certification policies or protocols; and (C) have received training in— (i) U-visa certification; and (ii) T-visa endorsement. (d) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subsection (b). (e) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 802. Data collection and reporting (a) Annual report to Congress Not later than December 1, 2012, and annually thereafter, the Secretary shall submit a report to the Senate Committee on the Judiciary and the House Committee on the Judiciary a report stating— (1) the number of persons (primary applicants and derivative beneficiaries, total and by State) who have applied for, been granted, or been denied a visa or a petition, adjustment of status, work authorization, parole, naturalization or otherwise provided status under paragraphs (15)(T)(i), (15)(U)(i), (27)(J), and (51) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) and section 106 of such Act, during the preceding fiscal year; (2) the number of requests for further evidence issued for each case type described in subparagraph (1) during the preceding fiscal year; (3) the mean and median time in which it takes to adjudicate applications for relief, and adjustments of status submitted under subparagraph (T)(i) or (U)(i), of section 101(a)(15), section 101(a)(27)(J), section 101(a)(51), and section 106 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) during the preceding fiscal year; (4) the mean and median time between the receipt of applications for visas submitted under subparagraph (T) or (U) of section 101(a)(15), section 101(a)(27)(J), or section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) and the issuance of work authorization to eligible applicants during the preceding fiscal year; (5) the number of victims granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 during the preceding fiscal year; and (6) any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications described in subsections (a), (b), (c), and (d) of this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr629ih/xml/BILLS-113hr629ih.xml |
113-hr-630 | I 113th CONGRESS 1st Session H. R. 630 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. DeFazio 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 recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Postal Service Protection Act of 2013 . (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Title I—Retirement annuity obligation recalculation and restoration Sec. 101. Modified methodology. Sec. 102. Relating to a postal surplus. Sec. 103. Treatment of certain surplus retirement contributions. Sec. 104. Elimination of requirement to pre-fund the Postal Service Retiree Health Benefits Fund. Sec. 105. Effective date; rule of construction. Title II—Restrictions on postal facility closures Sec. 201. Modified procedures. Sec. 202. Definitions. Title III—Incentives for innovation Sec. 301. Authority to offer nonpostal services and products. Sec. 302. Wine and beer shipping. Sec. 303. Innovation and accountability. Title IV—Maintaining levels of service Sec. 401. Six-day delivery. Sec. 402. Service standards for market-dominant products. Title V—Elimination of annual limitation on increases in rates for market-dominant products Sec. 501. Elimination of annual limitation. I Retirement annuity obligation recalculation and restoration 101. Modified methodology (a) In general Section 8348(h) of title 5, United States Code, is amended by adding at the end the following: (4) (A) To the extent that a determination under paragraph (1), relating to benefits attributable to civilian employment with the United States Postal Service, is based on a provision of law described in subparagraph (C), the determination shall be made in accordance with that provision and any otherwise applicable provisions of law, subject to the following: (i) The average pay used in the case of any individual shall be a single amount, determined in accordance with section 8331(4), taking into account the rates of basic pay in effect for the individual during the periods of creditable service performed by the individual. Nothing in this subsection shall be considered to permit or require— (I) 1 determination of average pay with respect to service performed with the United States Postal Service; and (II) a separate determination of average pay with respect to service performed with its predecessor entity in function. (ii) In determining the portion of an annuity attributable to civilian employment with the United States Postal Service, with respect to any period of employment with the United States Postal Service that follows any other period of employment creditable under section 8332 (without regard to whether the employment was with an entity referred to in clause (i)(II)), the total service of an employee for purposes of any provision of law described in subparagraph (C) shall be the sum of— (I) any period of employment with the United States Postal Service; and (II) any period of employment creditable under section 8332 that precedes the period described in subclause (I). (B) (i) Not later than 6 months after the date of enactment of this paragraph, the Office shall determine (or, if applicable, redetermine) the amount of the Postal surplus or supplemental liability as of the close of the fiscal year most recently ending before that date of enactment, in conformance with the methodology required under subparagraph (A). (ii) (I) If the result of the determination or redetermination under clause (i) is a surplus, the Office may transfer the amount of the surplus, or any portion of the amount of the surplus, at the request of the United States Postal Service, to— (aa) the Postal Service Retiree Health Benefits Fund established under section 8909a; and (bb) the Postal Service Fund established under section 2003 of title 39. (II) If a determination or redetermination under clause (i) for a fiscal year is made before a determination under paragraph (2)(B) is made with respect to the fiscal year, the Office may not make a determination under paragraph (2)(B) with respect to the fiscal year. (C) The provisions of law described in this subparagraph are— (i) the first sentence of section 8339(a); and (ii) section 8339(d)(1). . (b) Coordination provisions (1) Determination of amount payable Section 8909a of title 5, United States Code, is amended by adding at the end the following: (e) Notwithstanding any other provision of law, the Office shall determine the amount payable by the Postal Service under subsection (d) in any fiscal year ending on or before September 30, 2013, without regard to the requirements under section 8348(h)(4). . (2) Rule of construction Nothing in this Act shall affect the amount of any benefits otherwise payable from the Civil Service Retirement and Disability Fund to any individual. (c) Technical and conforming amendment The heading for section 8909a of title 5, United States Code, is amended by striking Benefit and inserting Benefits . 102. Relating to a postal surplus Section 8348(h)(2)(C) of title 5, United States Code, is amended— (1) by inserting 2021, after 2015, ; and (2) by striking if the result is and all that follows through terminated. and inserting the following: if the result is a surplus— (i) that amount, or any portion of that amount, may be transferred at the request of the United States Postal Service to— (I) the Postal Service Retiree Health Benefits Fund; and (II) the Postal Service Fund established under section 2003 of title 39; and (ii) any prior amortization schedule for payments shall be terminated. . 103. Treatment of certain surplus retirement contributions Section 8423(b) of title 5, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: (5) If, for fiscal year 2010, the amount computed under paragraph (1)(B) is less than zero (in this section referred to as surplus postal contributions ), the amount of the surplus postal contributions, or any portion of the amount, may be transferred at the request of the United States Postal Service to— (A) the Postal Service Retiree Health Benefits Fund established under section 8909a; (B) the Postal Service Fund established under section 2003 of title 39; (C) the Employees’ Compensation Fund established under section 8147; and (D) the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39. . 104. Elimination of requirement to pre-fund the Postal Service Retiree Health Benefits Fund (a) In general Section 8909a of title 5, United States Code, is amended— (1) in subsection (d)— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and (2) by adding at after subsection (e) (as added by section 101(b)(1)) the following: (f) Nothing in this section shall be construed to require the Postal Service to pay any amount into the Postal Service Retiree Health Benefits Fund established under section 8909a. . (b) Technical and conforming amendment Section 803(b)(1)(A) of the Postal Accountability and Enhancement Act ( 5 U.S.C. 8909a note) is amended by striking 8909a(d)(5) and inserting 8909a(d)(4) . 105. Effective date; rule of construction (a) In general This title and the amendments made by this title shall take effect on the date of enactment of this Act. (b) Intent of Congress It is the intent of Congress that this title apply with respect to the allocation of past, present, and future benefit liabilities between the United States Postal Service and the Treasury of the United States. (c) Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to prohibit the Postal Service from paying any amount of surplus contributions to the Civil Service Retirement and Disability Fund and the Federal Employees’ Retirement System into— (1) the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5, United States Code; and (2) the Postal Service Fund established under section 2003 of title 39, United States Code. II Restrictions on postal facility closures 201. Modified procedures (a) In general Section 404(d) of title 39, United States Code, is amended by striking (d)(1) and all that follows through paragraph (4) and inserting the following: (d) (1) Before making a determination under subsection (a)(3) to close or consolidate a postal facility, the Postal Service shall— (A) conduct an investigation to assess the need for the proposed closure or consolidation; and (B) ensure that each person served by the postal facility has an opportunity to present views by providing appropriate notice— (i) to each person by mail; and (ii) by publication in a newspaper of general circulation in the area in which each person resides. (2) In conducting an investigation under paragraph (1)(A) and determining whether to close or consolidate a postal facility under subsection (a)(3), the Postal Service— (A) shall consider— (i) the effect the closing or consolidation would have on the community served by the postal facility; (ii) the effect the closing or consolidation would have on employees of the Postal Service employed at the postal facility; and (iii) whether the closing or consolidation would be consistent with the policy of the Government under section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where postal facilities are not self-sustaining; and (B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ). (3) (A) Upon completion of an investigation under paragraph (1), the Postal Service shall make a decision, in writing, whether to proceed with the proposal to close or consolidate a postal facility, which shall include the findings of the Postal Service with respect to each factor specified in paragraph (2)(A). (B) Not later than 90 days before the Postal Service makes a final determination under this subsection, the Postal Service shall— (i) post notice of the decision and findings under subparagraph (A) in a prominent place in each postal facility that would be affected by the closing or consolidation; and (ii) send notice of each posting under clause (i) by mail to each person served by the postal facility in which the notice is posted. (C) Notice under subparagraph (B) shall include— (i) a statement as follows: This is notice of a proposal to _____ this postal facility. A final determination will not be made before the end of the 90-day period beginning on the date on which this notice is first posted. , with the blank space being filled in with close or consolidate (whichever is appropriate), and with instructions for how any interested person may submit comments; (ii) a brief summary of the findings of the Postal Service with respect to the factors specified in paragraph (2)(A); and (iii) the amount of cost savings the Postal Service estimates the Postal Service will realize from the closing or consolidation, in the first year following the date of the closing or consolidation, together with an explanation of the assumptions and methodologies used in making the estimate. (4) The Postal Service shall make a final determination to close or consolidate a postal facility in writing after taking into consideration any comments received during the 90-day period described under paragraph (3). The Postal Service shall take no action to close or consolidate a postal facility before the date that is 60 days after the date on which the Postal Service— (A) posts a copy of the final determination in a prominent location in each affected postal facility; and (B) sends to each person served by the postal facility— (i) a notice of the determination; and (ii) notice of any appeal rights available with respect to the determination. . (b) De novo review Section 404(d)(5) of title 39, United States Code, is amended— (1) by striking post office and inserting postal facility ; and (2) by striking The Commission shall set aside and all that follows through final disposition of the appeal. and inserting the following: The Commission shall review de novo the determination of the Postal Service. In conducting a review de novo, the Commission shall consider the factors described in paragraph (2)(A). If the Commission finds fault with a determination of the Postal Service, the Commission shall suspend the effectiveness of the determination of the Postal Service. . (c) Exception; calculation of actual cost savings Section 404(d) of title 39, United States Code, is amended by adding at the end the following: (7) (A) Paragraphs (1) through (6) shall not apply in the case of a closing or consolidation which occurs by reason of an emergency suspension, as described in section 241.3 of title 39, Code of Federal Regulations, or any successor thereto. (B) For purposes of this paragraph, the term emergency suspension does not, in the case of a leased facility, include the termination or cancellation of the lease by a party other than the Postal Service. (8) (A) Not later than 2 years after the date of the closing or consolidation of any postal facility occurring after the date of enactment of this paragraph, the Inspector General shall determine the amount of the cost savings realized by the Postal Service from the closing or consolidation for the first year following the closing or consolidation. (B) The Inspector General shall submit to the Postmaster General and to Congress— (i) a report for each postal facility for which the Inspector made a determination of cost savings under subparagraph (A) during the preceding year that includes— (I) the amount of the cost savings determined to be realized with respect to each closing or consolidation of a postal facility, together with an explanation of the assumptions and methodologies used in making the determination; (II) a comparison of— (aa) the cost savings determined by the Inspector General; and (bb) the estimates provided by the Postal Service under paragraph (3)(C)(iii); and (III) an explanation of the reasons for any differences between the determination of the Inspector General and the estimates of the Postal Service, together with recommendations for any legislation or administrative action that the Inspector General considers appropriate to provide for more accurate estimates; and (ii) an annual report with respect to all the postal facilities for which the Inspector made a determination of cost savings under subparagraph (A) that includes the information required under clause (i). . 202. Definitions Section 404(d) of title 39, United States Code, as amended by section 201(c), is further amended by adding at the end the following: (9) In this subsection— (A) the term postal facility includes an office, branch, station, or other facility which— (i) is operated by the Postal Service; and (ii) provides services to persons described in subparagraph (B); and (B) any reference to the persons served by a postal facility shall include a postal customer receiving mail delivery service from the postal facility, a resident of a ZIP code served by the postal facility, a postal customer having a post office box at the postal facility, and any relevant local government official as defined by the Postal Service by rule. . III Incentives for innovation 301. Authority to offer nonpostal services and products (a) Specific power Section 404(a) of title 39, United States Code, is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period and inserting ; and ; and (3) by adding at the end the following: (9) to provide nonpostal services and products in accordance with subsection (e). . (b) Nonpostal services and products Section 404(e) is amended to read as follows: (e) (1) The Postal Service may provide any nonpostal service or product in a manner consistent with the public interest. (2) Not later than 90 days before providing a nonpostal service or product that the Postal Service did not provide before the date of enactment of this subsection, the Postal Service shall request an advisory opinion from the Postal Regulatory Commission that evaluates the extent to which the provision of that nonpostal service or product— (A) would use the processing, transportation, delivery, retail network, technology, or other resources of the Postal Service; and (B) would be consistent with the public interest. (3) Not later than 45 days after the date on which the Postal Regulatory Commission receives a request under paragraph (2), the Postal Regulatory Commission shall— (A) issue an advisory opinion to the Postal Service concerning the request; and (B) transmit a copy of the advisory opinion, together with the original request, to— (i) the Committee on Oversight and Government Reform of the House of Representatives; and (ii) the Committee on Homeland Security and Governmental Affairs of the Senate. (4) In this title, the term nonpostal service or product means any service or product other than a postal service, including— (A) check-cashing services; (B) technology and media services; (C) warehousing and logistics; (D) facility leasing; (E) public Internet access services; (F) driver licensing; (G) vehicle registration; (H) hunting and fishing licensing; (I) notary services; and (J) voter registration. (5) The Postal Service may enter into a contract with a State or local agency to provide a nonpostal service or product authorized under this subsection. . 302. Wine and beer shipping (a) Mailability (1) Nonmailable articles Section 1716(f) of title 18, United States Code, is amended by striking mails and inserting mails, except to the extent that the mailing is allowable under section 3001(p) of title 39 . (2) Intoxicants Section 1154(a) of title 18, United States Code, is amended, by inserting or, with respect to the mailing of wine or malt beverages, to the extent allowed under section 3001(p) of title 39 after mechanical purposes . (b) Regulations Section 3001 of title 39, United States Code, is amended by adding at the end the following: (p) (1) Wine or malt beverages shall be considered mailable if mailed— (A) by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2); and (B) in accordance with the law of the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery. (2) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that— (A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility; (B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery; (C) the wine or malt beverages may not be for resale or other commercial purpose; and (D) the winery or brewery involved shall— (i) certify in writing to the satisfaction of the Postal Service, through a registration process administered by the Postal Service, that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and (ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes. (3) For purposes of this subsection— (A) a winery shall be considered to be licensed if that winery holds an appropriate basic permit issued— (i) under the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ); and (ii) under the law of the State in which the winery is located; and (B) a brewery shall be considered to be licensed if that brewery— (i) possesses a notice of registration and bond approved by the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury; and (ii) is licensed to manufacture and sell beer in the State in which the brewery is located. . (c) Effective date The amendments made by this section shall take effect on the earlier of— (1) the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; or (2) 120 days after the date of enactment of this Act. 303. Innovation and accountability (a) In general Chapter 2 of title 39, United States Code, is amended by adding at the end the following: 209. Innovation and accountability (a) Chief innovation officer There shall be in the Postal Service a Chief Innovation Officer appointed by the Postmaster General who shall have proven expertise and a record of success in— (1) the postal and shipping industry; (2) innovative product research and development; (3) marketing brand strategy; (4) emerging communications technology; or (5) business process management. (b) Duties The Chief Innovation Officer shall— (1) lead the development of innovative nonpostal products and services that maximize the revenue of the Postal Service; (2) develop innovative postal products and services, particularly products and services that use emerging information technologies, to maximize the revenue of the Postal Service; (3) supervise the implementation of products and services described in paragraphs (1) and (2); and (4) monitor the performance of products and services described in paragraphs (1) and (2) and modify the products and services as needed to address changing market trends. (c) Considerations The Chief Innovation Office shall take into consideration comments or advisory opinions, if applicable, issued by the Postal Regulatory Committee before the initial sale of innovative postal or nonpostal products and services. (d) Designation (1) Deadline As soon as practicable after the date of enactment of this section, and not later than 90 days after the date of enactment of this section, the Postmaster General shall appoint a Chief Innovation Officer. (2) Condition The Chief Innovation Officer may not, while serving as Chief Innovation Officer, hold any other office or position in the Postal Service. (3) Rule of construction Nothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service at the time the individual is appointed Chief Innovation Officer from serving as the Chief Innovation Officer under this section. (e) Advisory commission (1) Establishment There is established the Postal Innovation Advisory Commission (hereinafter the Commission ). (2) Membership (A) In general The Commission shall be composed of— (i) the Chief Innovation Officer established under subsection (a), who shall serve as Chairperson of the Commission; and (ii) 5 other members as the Postal Regulatory Commission shall appoint, of whom— (I) 1 member shall have expertise in labor; (II) 1 member shall have expertise in small business issues; (III) 1 member shall have expertise in consumer protection; (IV) 1 member shall have expertise in small periodicals and newspapers; and (V) 1 member shall have expertise in the postal industry. (B) Period of appointment Members shall be appointed for 5-year terms. (C) Vacancies Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (D) Meetings The Commission shall meet at the call of the Chairperson. (E) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (3) Duties of the commission (A) Study The Commission shall study— (i) additional postal and nonpostal services that the Postal Service may offer to raise revenue; and (ii) services that postal services in foreign countries have offered to respond to the increasing demand for high-tech services, including— (I) banking and insurance services; (II) communication services; (III) physical delivery of e-mail correspondence to individuals who do not have Internet access; (IV) scanning physical mail and delivering that mail through e-mail; and (V) communication through secure servers. (B) Recommendations The Commission shall generate recommendations for additional services that the Postal Service should provide based on the study conducted under subparagraph (A). (C) Report Not later than 1 year after the date of enactment of this section, and each year thereafter, the Commission shall submit to the Postmaster General a report that contains each recommendation described under subparagraph (B) that the Commission approves by a majority vote. (4) Powers of the commission (A) Hearings The Commission may hold such hearings, take such testimony, and receive such evidence as is necessary to carry out this subsection. (B) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subsection. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (C) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (D) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (5) Commission personnel matters (A) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government (including the Postal Service) shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States, including the Postal Service, shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Commission. (C) Staff (i) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (ii) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5. (D) Detail of government employees Any Federal Government employee, including an employee of the Postal Service, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (E) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5. (6) Permanent advisory commission Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (7) Authorization of appropriations (A) In general There are authorized to be appropriated such sums as may be necessary to the Commission to carry out this Act. (B) Availability Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. (f) Innovation strategy (1) In general Not later than 1 year after the date of enactment of this section, the Postmaster General shall submit, at the same time the President submits the annual budget request under section 1105 of title 31 for that year, and together with the report on performance under subsection (g), a comprehensive strategy for maximizing the revenue of the Postal Service through innovative postal and nonpostal products and services to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; and (C) the Postal Regulatory Commission. (2) Matters to be addressed At a minimum, the strategy required by this subsection shall address— (A) the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including the nature of the market demand to be satisfied by each product and service and the estimated date by which each product and service will be introduced; (B) the cost of developing and offering each product or service; (C) the anticipated sales volume for each product and service; (D) the anticipated revenues and profits expected to be generated by each product and service; (E) the likelihood of success of each product and service and the risks associated with the development and sale of each product and service; (F) the trends anticipated in market conditions that may affect the success of each product and service during the 5-year period following the submission of the report; and (G) the metrics that will be used to assess the effectiveness of the innovation strategy. (3) Strategy updates The Postmaster General shall— (A) update the strategy required under this subsection every 2 years; and (B) submit the updated strategy, at the same time the President submits the annual budget request under section 1105 of title 31 for that year, and together with the report on performance under subsection (g), to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; (ii) the Committee on Oversight and Government Reform of the House of Representatives; and (iii) the Postal Regulatory Commission. (g) Report on performance (1) In general The Postmaster General shall submit an annual report that describes the progress of the Postal Service in implementing the strategy under this section, at the same time the President submits the annual budget request under section 1105 of title 31, to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; and (C) the Postal Regulatory Commission. (2) Matters to be addressed At a minimum, a report under this subsection shall include— (A) the revenue generated by each product and service developed through the strategy under this section and the costs of developing and offering each product or service for the preceding year; (B) the total sales volume and revenue generated by each product and service on a monthly basis for the preceding year; (C) trends in each market in which a product or service is intended to satisfy a demand; (D) products and services identified in the strategy under this section that are to be discontinued, the date on which the discontinuance will occur, and the reasons for the discontinuance; (E) alterations in products and services identified in the strategy under this section that will be made to address changing market conditions, and an explanation of how the alterations will ensure the success of the products and services; and (F) the performance of the strategy under this section according to the metrics identified under subsection (e)(2)(G). (h) Study and report by Comptroller General (1) Study (A) In general The Comptroller General of the United States shall conduct a study on the implementation of the strategy under this section that assesses the effectiveness of the Postal Service in identifying, developing, and selling innovative postal and nonpostal products and services. (B) Contents The study under subparagraph (A) shall include— (i) an audit of the costs of developing each innovative postal and nonpostal product and service developed or offered by the Postal Service; (ii) the sales volume of each product and service; (iii) the revenues and profits generated by each product and service; and (iv) the likelihood of continued success of each product and service. (2) Report Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report concerning the study under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Government Reform of the House of Representatives. . (b) Clerical amendment The table of sections for chapter 2 of title 39, United States Code, is amended by adding at the end the following: 209. Innovation and accountability. . IV Maintaining levels of service 401. Six-day delivery Section 404a(a) of title 39, United States Code, is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period and inserting ; or ; and (3) by adding at the end the following: (4) reduce the frequency of the delivery of mail to fewer than 6 days each week. . 402. Service standards for market-dominant products Section 3691 of title 39, United States Code, is amended by adding at the end the following: (e) Restriction on authority Notwithstanding subsections (a), (b), and (c), the Postal Service may not increase the expected delivery time for market-dominant products required under part 121 of title 39, Code of Federal Regulations, as in effect on March 2, 2010. . V Elimination of annual limitation on increases in rates for market-dominant products 501. Elimination of annual limitation (a) In general Subparagraph (A) of paragraph (1) of section 3622(d) of title 39, United States Code, is repealed. (b) Technical and conforming amendments Such section 3622(d), as amended by subsection (a), is further amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in subparagraph (B) (as so redesignated by subparagraph (A))— (i) by inserting and at the end of clause (i); and (ii) by striking clauses (iii) and (iv); (C) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (D) in subparagraph (D) (as so redesignated by subparagraph (C)), by striking notwithstanding and all that follows through paragraph (2)(C), ; and (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-113hr630ih/xml/BILLS-113hr630ih.xml |
113-hr-631 | I 113th CONGRESS 1st Session H. R. 631 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Flores (for himself and Mr. Takano ) 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 title 10, United States Code, to provide requirements for the contents of the Transition Assistance Program, and for other purposes.
1. Short title This Act may be cited as the Servicemembers’ Choice in Transition Act of 2013 . 2. Contents of Transition Assistance Program (a) In general Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Program contents The program carried out by this section shall consist of at least five days of instruction as follows: (1) At least one day of service-specific pre-separation training, as determined by the Secretary concerned. (2) Not more than one day of instruction providing an overview of each of the following subjects: (A) Preparation for employment. (B) Preparation for education or career or technical training. (C) Preparation for entrepreneurship. (D) Other options determined by the Secretary concerned. (3) At least two days of in-depth instruction in the participants choice of the subjects described in paragraphs (A) though (D) of paragraph (2). (4) Not more than one day of instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined by the Secretary concerned. . (b) Deadline for implementation The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsection (f) of such section, as added by subsection (a), by not later than 180 days after the date of the enactment of this Act. (c) Feasibility study Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the results of a study carried out by the Secretary to determine the feasibility of providing the instruction described in subsection (f)(4) of section 1144 of title 10, United States Code, as added by subsection (a), at all overseas locations where such instruction is provided by entering into a contract jointly with the Secretary of Labor for the provision of such instruction. | https://www.govinfo.gov/content/pkg/BILLS-113hr631ih/xml/BILLS-113hr631ih.xml |
113-hr-632 | I 113th CONGRESS 1st Session H. R. 632 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Petri (for himself, Mr. Gene Green of Texas , Mr. Roe of Tennessee , and Mr. Amodei ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Department of Labor’s voluntary protection program and to expand the program to include more small businesses.
1. Short title This Act may be cited as the Voluntary Protection Program Act . 2. Voluntary protection program (a) Cooperative agreements The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include— (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary protection program (1) In general The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements The voluntary protection program shall include the following: (A) Application Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ). (C) Information Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that— (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. (d) Regulations and implementation Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the voluntary protection program authorized under this section and shall begin implementation of the program. 3. Expanded access to voluntary protection program for small businesses The Secretary of Labor shall establish and implement, by regulation, a program to increase participation by small businesses (as the term is defined by the Administrator of the Small Business Administration) in the voluntary protection program established under section 2 through outreach and assistance initiatives and the development of program requirements that address the needs of small businesses. 4. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr632ih/xml/BILLS-113hr632ih.xml |
113-hr-633 | I 113th CONGRESS 1st Session H. R. 633 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Chaffetz (for himself, Mr. Labrador , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.
1. Short title This Act may be cited as the Fairness for High-Skilled Immigrants Act of 2013 . 2. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (4) by striking 7 and inserting 15 ; and (5) by striking such subsections and inserting such section . (b) Conforming amendments Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended— (1) in subsection (a)(3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e)) and inserting subsection (d)) ; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect as if enacted on September 30, 2012, and shall apply to fiscal years beginning with fiscal year 2013. (e) Transition rules for employment-Based immigrants (1) In general Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ), the following rules shall apply: (A) For fiscal year 2013, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2011 under such paragraphs. (B) For fiscal year 2014, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2012 under such paragraphs. (C) For fiscal year 2015, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2013 under such paragraphs. (2) Per-country levels (A) Reserved visas With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas With respect to the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) and not reserved under paragraph (1), for each of fiscal years 2013, 2014, and 2015, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. (3) Special rule to prevent unused visas If, with respect to fiscal year 2013, 2014, or 2015, the operation of paragraphs (1) and (2) of this subsection would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) from being issued, such visas may be issued during the remainder of such fiscal year without regard to paragraphs (1) and (2) of this subsection. (4) Rules for chargeability Section 202(b) of such Act ( 8 U.S.C. 1152(b) ) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. | https://www.govinfo.gov/content/pkg/BILLS-113hr633ih/xml/BILLS-113hr633ih.xml |
113-hr-634 | I 113th CONGRESS 1st Session H. R. 634 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Grimm (for himself, Mr. Peters of Michigan , Mr. Austin Scott of Georgia , and Mr. McIntyre ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide end user exemptions from certain provisions of the Commodity Exchange Act and the Securities Exchange Act of 1934, and for other purposes.
1. Short title This Act may be cited as the Business Risk Mitigation and Price Stabilization Act of 2013 . 2. Margin requirements (a) Commodity Exchange Act amendment Section 4s(e) of the Commodity Exchange Act ( 7 U.S.C. 6s(e) ), as added by section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) or satisfies the criteria in section 2(h)(7)(D). . (b) Securities Exchange Act amendment Section 15F(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–10(e) ), as added by section 764(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4). . 3. Implementation The amendments made by this Act to the Commodity Exchange Act shall be implemented— (1) without regard to— (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments. | https://www.govinfo.gov/content/pkg/BILLS-113hr634ih/xml/BILLS-113hr634ih.xml |
113-hr-635 | I 113th CONGRESS 1st Session H. R. 635 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Pearce (for himself, Mr. Tipton , Mr. Young of Alaska , Mr. Forbes , Mr. Harris , Mr. Hall , Mr. Marchant , Mr. Wilson of South Carolina , Mr. Flores , Mr. Gohmert , Mr. Westmoreland , Mr. Conaway , Mr. Rahall , Mr. Jones , Mr. Gosar , and Mr. Posey ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to enter into contracts with community health care providers to improve access to health care for veterans in highly rural areas, and for other purposes.
1. Short title This Act may be cited as the Help Establish Access to Local Timely Healthcare for Your Vets Act of 2013 or the HEALTHY Vets Act of 2013 . 2. Enhanced contract care authority for health care needs of veterans in highly rural areas (a) Rural Veterans Section 1703 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) (1) In the case of a veteran for whom Department facilities are geographically inaccessible (as provided in paragraph (2)), the Secretary shall use the contract authority provided in subsection (a) for the following care: (A) Primary care. (B) Acute or chronic symptom management. (C) Nontherapeutic medical services. (D) Other medical services as determined appropriate by the director of the appropriate geographic service region of the Department, after consultation with the Department physician responsible for primary care of the veteran. (2) Department facilities shall be deemed to be geographically inaccessible for purposes of paragraph (1) in the case of a veteran whose residence meets any of the following criteria: (A) The residence is in a county with a population density of less than 7.0 people per square mile and is more than 75 miles from the nearest Department health care facility. (B) The residence is in a county with a population density of more than 7.0 and less than 8.0 people per square mile and is more than 100 miles from the nearest Department health care facility. (C) The residence is in a county with a population density of more than 8.0 and less than 9.0 people per square mile and is more than 125 miles from the nearest Department health care facility. (D) The residence is more than 150 miles from the nearest Department health care facility. (3) The Secretary may waive the requirement in paragraph (1) in the case of a particular veteran if the Secretary demonstrates on an individual basis through a cost-benefit analysis that the costs to the Department of providing care to that veteran pursuant to paragraph (1) significantly outweigh the benefits of localized health care for the individual veteran. (4) For purposes of paragraph (2), a distance in miles shall be determined on the basis of the most convenient highway route that is available to the veteran, as determined by the Secretary. . (b) Effective Date Subsection (e) of section 1703 of title 38, United States Code, as added by subsection (a), shall take effect on the date that is 120 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr635ih/xml/BILLS-113hr635ih.xml |
113-hr-636 | I 113th CONGRESS 1st Session H. R. 636 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Connolly (for himself, Mr. Cummings , Ms. Norton , Mr. Conyers , Ms. Hahn , Mr. Andrews , Mr. Price of North Carolina , Mr. Perlmutter , Mr. Cicilline , Mr. Van Hollen , Mr. Bera of California , Mr. Israel , Ms. Tsongas , Mr. Thompson of California , Ms. Gabbard , Mr. DeFazio , Mr. Loebsack , Mr. Owens , Mr. Ben Ray Luján of New Mexico , Mrs. Kirkpatrick , Mr. Moran , Mr. Lynch , Ms. Edwards , Ms. Schwartz , Ms. Shea-Porter , Mrs. Carolyn B. Maloney of New York , Mrs. Capps , Ms. Bonamici , Mr. Kildee , Ms. Pingree of Maine , Mr. Rahall , Mrs. Bustos , Ms. Esty , Ms. Kuster , Mrs. McCarthy of New York , Mr. Ruppersberger , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit Members of Congress from receiving any automatic pay adjustments through the end of the One Hundred Thirteenth Congress.
1. Prohibiting cost of living adjustments in pay for members of congress through one hundred thirteenth congress Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) (relating to cost of living adjustments for Members of Congress) during any pay period occurring during the One Hundred Thirteenth Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr636ih/xml/BILLS-113hr636ih.xml |
113-hr-637 | I 113th CONGRESS 1st Session H. R. 637 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Poe of Texas (for himself and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a legal framework for the operation of public unmanned aircraft systems, and for other purposes.
1. Short title This Act may be cited as the Preserving American Privacy Act of 2013 . 2. Use of unmanned aircraft systems (a) In general Part II of title 18, United States Code, is amended by inserting after chapter 205 the following: 205A Use of unmanned aircraft systems 3119a. Definitions. 3119b. Use of public unmanned aircraft systems. 3119c. Use of covered information as evidence. 3119d. Administrative discipline. 3119e. Reporting. 3119f. Private use of unmanned aircraft systems. 3119g. Application with other Federal laws. 3119h. Ban on weaponization. 3119i. Rule of construction regarding State laws on unmanned aircraft system usage. 3119a. Definitions In this Act: (1) Court of competent jurisdiction The term court of competent jurisdiction includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in a district in which the public unmanned aircraft system is located or where the public unmanned aircraft system is being or sought to be operated; or (iii) is acting on a request for foreign assistance pursuant to section 3512 of title 18, United States Code; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants. (2) Covered information The term covered information means— (A) information that is reasonably likely to enable identification of an individual; or (B) information about an individual’s property that is not in plain view. (3) Governmental entity The term governmental entity means a department or agency of the United States or any State or political subdivision thereof. (4) Public unmanned aircraft system The term public unmanned aircraft system has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). (5) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (6) Unmanned aircraft system The term unmanned aircraft system has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). 3119b. Use of public unmanned aircraft systems (a) Application A governmental entity shall operate any public unmanned aircraft system only in accordance with this Act. (b) Minimization In operating a public unmanned aircraft system or disclosing any covered information collected by such operation, a governmental entity shall minimize, to the maximum extent practicable, the collection or disclosure of such covered information. (c) Data collection statement required (1) Concurrent with an application for a certificate or license to operate a public unmanned aircraft system in the national airspace, a governmental entity shall submit to the Attorney General a data collection statement, in such form and manner as the Attorney General may by rule require, that describes— (A) the purpose for which the public unmanned aircraft system will be used; (B) whether the public unmanned aircraft system is capable of collecting covered information; (C) the length of time for which the collected covered information will be retained; (D) an individual point of contact for citizen feedback; (E) the particular unit of the governmental entity responsible for safe and appropriate operation of the public unmanned aircraft system; (F) the rank and title of the individual who may authorize the operation of the public unmanned aircraft system; (G) the applicable data minimization policies barring the collection of covered information unrelated to the investigation of crime and requiring the destruction of covered information that is no longer relevant to the investigation of a crime; and (H) the applicable audit and oversight procedures that ensure governmental entities and those acting on their behalf use the unmanned aircraft system only as authorized, within the scope of the data collection statement, and in compliance with data minimization policies. (2) The applicant is responsible for submitting to the Attorney General updates to the data collection statement. (3) The Attorney General may request that the Secretary of Transportation revoke the certificate or license to operate the public unmanned aircraft system in the national airspace if the operator’s activity contravenes the data collection statement disclosures required in paragraph (1). (4) Not later than 6 months after the date of enactment of this Act, the Attorney General shall issue regulations to establish a database, that is publicly accessible via electronic means, indexing the certificates or licenses and the associated data collection statements described in this subsection for public unmanned aircraft systems operated within the national airspace. 3119c. Use of covered information as evidence (a) In general Covered information that a governmental entity collects by operation of a public unmanned aircraft system, and evidence derived from such covered information, may not be received as evidence against an individual in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof, unless such operation and collection, or disclosure of such covered information is in accordance with this Act. (b) Prohibition on use for law enforcement purposes Except as provided in subsection (c), a governmental entity may not— (1) operate a public unmanned aircraft system for a law enforcement purpose to collect covered information; or (2) disclose covered information so collected. (c) Exceptions A governmental entity may operate a public unmanned aircraft system and may collect or disclose covered information acquired by such operation for a law enforcement purpose only if such operation, collection, or disclosure is in accordance with any of the following: (1) Warrant The operation, collection, or disclosure is— (A) pursuant to a warrant issued by a court of competent jurisdiction; and (B) not later than 10 days after the execution of the warrant, the governmental entity that sought the warrant serves a copy of the warrant on each person on whom covered information was collected, except, if providing such notice would seriously jeopardize an ongoing criminal or national security investigation, the court may delay such notice on request of the governmental entity. (2) Order The operation, collection, or disclosure is pursuant to an order that may be lawfully issued by a court of competent jurisdiction— (A) based on the allegation by the governmental entity requesting such order of specific and articulable facts showing a reasonable suspicion of criminal activity and a reasonable probability that the operation of a public unmanned aircraft system will provide evidence of such criminal activity; (B) authorizing the operation of a public unmanned aircraft system only in a stipulated public area for a period of not more than 48 hours; (C) which may be renewed at the court’s discretion for a total period of operation of not longer than 30 days; and (D) notice is provided— (i) not later than 10 days after the termination of which, by serving a copy on each person on whom covered information was collected; or (ii) not less than 48 hours prior to such operation, to the public in the stipulated public area, by prominent placement of a notification— (I) in a major publication (with circulation of more than 1,000 in that area); (II) on a public Internet Web site of the governmental entity, for the duration of the operation; or (III) on public signage in the area, for the duration of the operation. (3) U.S. Land Border The operation is within a distance of 25 miles from any external land boundary of the United States and is for the purpose of patrolling or securing the border. (4) Consent The covered information that is collected or disclosed pertains to an individual who provides prior written consent to such collection or disclosure. (5) Emergency The operation is— (A) an investigative or law enforcement officer reasonably believes that an emergency situation exists that— (i) involves— (I) immediate danger of death or serious physical injury to any person; (II) conspiratorial activities threatening the national security interest; or (III) conspiratorial activities characteristic of organized crime; and (ii) requires such operation, collection, or disclosure before a warrant or order authorizing such operation, collection, or disclosure may, with due diligence, be obtained; (B) that officer applies for such a warrant or order not later than 48 hours after such operation begins; and (C) that operation is terminated immediately on the earlier of when— (i) the information necessary to resolve the emergency situation is collected; or (ii) the court denies the application for the warrant or order. (6) Effect of failure to secure warrant or order If a warrant or order described in paragraph (5) is denied, then for purposes of subsection (b), an operation, collection, or disclosure under that paragraph shall not be considered to be an operation, collection, or disclosure authorized under this subsection. Any covered information so collected shall be removed from all databases of the governmental entity. 3119d. Administrative discipline (a) Administrative discipline If a court or appropriate department or agency determines that a governmental entity has violated any provision of this Act, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of a decision or findings of the court or appropriate department or agency, promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (b) Improper disclosure is violation Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this Act is a violation of this Act for purposes of this section. 3119e. Reporting (a) In January of each year, any Federal judge who has issued a warrant or order (or an extension thereof) under section 3 on operation of public unmanned aircraft systems that expired during the preceding year, or who has denied approval of such a warrant or order during that year, shall report to the Administrative Office of the United States Courts— (1) the fact that an order or extension was applied for; (2) the kind of order or extension applied for; (3) the fact that the order or extension was granted as applied for, was modified, or was denied; (4) the period of collections authorized by the order, and the number and duration of any extensions of the order; (5) the offense specified in the order or application, or extension of an order; and (6) the identity of the applying agency making the application and the rank and title of the person authorizing the application. (b) In March of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts— (1) the information required by paragraphs (1) through (6) of subsection (a) with respect to each application for an order or extension made during the preceding calendar year; (2) a general description of all the information collected under such order or extension, including— (A) the approximate nature and frequency of incriminating conduct collected; (B) the approximate number of persons whose covered information was collected; and (C) the approximate nature, amount, and cost of the manpower and other resources used in the collection; (3) the number of arrests resulting from covered information collected from such order or extension, and the offenses for which arrests were made; (4) the number of trials resulting from such covered information; (5) the number of motions to suppress made with respect to such covered information, and the number granted or denied; (6) the number of convictions resulting from such covered information, and the offenses for which the convictions were obtained, and a general assessment of the importance of the information collected; and (7) the information required by paragraphs (2) through (6) of this subsection with respect to orders or extensions obtained in a preceding calendar year. (c) In June of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report that includes a summary and analysis of all information received under subsection (a) and (b) during the preceding calendar year. The Director of the Administrative Office of the United States Courts is authorized to issue regulations regarding the content and form of the reports required to be filed by subsections (a) and (b) of this section. 3119f. Private use of unmanned aircraft systems It shall be unlawful to intentionally operate a private unmanned aircraft system to capture, in a manner that is highly offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of a individual engaging in a personal or familial activity under circumstances in which the individual had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. 3119g. Application with other Federal laws Nothing in this Act may be construed to modify, limit, or supersede the operation of chapter 119 of title 18, United States Code. 3119h. Ban on weaponization It shall be unlawful for any investigative or law enforcement officer or private individual to operate an unmanned aircraft system that is armed with a firearm (as such term is defined in section 921 of title 18, United States Code) within the airspace of the United States. 3119i. Rule of construction regarding State laws on unmanned aircraft system usage Nothing in this Act shall be construed to preempt any State law regarding the use of unmanned aircraft systems exclusively within the borders of that State. . (b) Clerical amendment The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 205 the following: 205A. Use of unmanned aircraft systems 3119a . | https://www.govinfo.gov/content/pkg/BILLS-113hr637ih/xml/BILLS-113hr637ih.xml |
113-hr-638 | I 113th CONGRESS 1st Session H. R. 638 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Fleming (for himself, Mr. Simpson , Mr. Young of Alaska , Mr. Jones , Mr. Franks of Arizona , Mr. Gohmert , Mr. McClintock , Mr. Posey , Mr. Thompson of Pennsylvania , Mr. Amodei , Mrs. Blackburn , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Wildlife Refuge System Administration Act of 1966 to require that any new national wildlife refuge may not be established except as expressly authorized by statute.
1. Short title This Act may be cited as the National Wildlife Refuge Review Act of 2013 . 2. Prohibition on establishment of new national wildlife refuges (a) In general Section 4(a) of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd(a) ) is amended by adding at the end the following: (6) The Secretary may not establish any national wildlife refuge except as expressly authorized by a law enacted after January 3, 2013. . (b) Existing refuges not affected The amendment made by subsection (a) shall not apply with respect to any national wildlife refuge established on or before January 3, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr638ih/xml/BILLS-113hr638ih.xml |
113-hr-639 | I 113th CONGRESS 1st Session H. R. 639 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform immigration detention procedures, and for other purposes.
1. Short title This Act may be cited as the Immigration Oversight and Fairness Act . 2. Detention conditions (a) Detention requirements All detention facilities shall fully comply with the following minimum requirements: (1) Access to telephones Detention facilities shall provide to detainees reasonable and equitable access to working telephones, and the ability to contact, free of charge, legal representatives, foreign consulates, the immigration courts, the Board of Immigration Appeals, and the Federal courts, in addition to persons and offices contacted for the purpose of obtaining legal representation. Detention facilities shall provide to detainees access to telephones during facility working hours and on an emergency basis in accordance with the following: (A) The detention facility shall provide to each detainee a copy of its rules governing telephone access and shall post those rules, together with an explanation of how to make calls, within sight of each telephone available to detainees. These rules shall be translated into Spanish and two additional languages spoken by a substantial part of the detainee population of the detention facility. If a detention facility has determined that more than 5 percent of its population is a certain ethnicity, the document should be translated into that ethnicity’s appropriate language. The detention facility shall also provide oral interpretation and written translation assistance to detainees in reading any relevant materials required to request telephone access, including oral interpretation assistance for those who are not literate in English, Spanish, and other languages spoken by the detainee population of the facility. (B) The rates charged for telephone calls shall be reasonable and equitable and shall not significantly impair detainees’ access to telephones. (C) The detention facility shall not restrict the number of calls detainees may place to their legal representatives or consular officials, or to any others for the purpose of obtaining legal representation, or limit the duration of those calls by rule or automatic cut-off, unless necessary for security reasons. The detention facility shall have a reasonable number of working phones available to detainees, and at a minimum one phone per each 25 users. (D) The detention facility shall ensure the privacy of telephone conversations between detainees and legal representatives or consular officials, and calls made for the purpose of obtaining legal representation. Means to ensure privacy may include the use of privacy panels, the placement of phones in housing pods, and other appropriate measures. (E) Detainees’ telephone calls to a court, legal representative, or consular official, or for the purpose of obtaining legal representation, shall not be monitored or recorded without a court order and without prior notification to the detainee. (F) The detention facility shall take and deliver telephone messages to detainees as promptly as possible, but no less often than twice a day. Detainees shall be permitted to make confidential telephone calls promptly within 8 hours of receipt of messages left by a court, legal representative, prospective legal representative, or consular official as soon as reasonably possible after the delivery of the message. (2) Quality of medical care Detention facilities shall afford a continuum of prompt, high-quality medical care, including care to address medical needs that existed prior to detention, at no cost to detainees. Such medical care shall address all detainee health needs and shall include chronic care, dental care, eye care, mental health care, individual and group counseling, medical dietary needs, and other medically necessary specialized care in accordance with the following: (A) All detention facilities shall maintain current accreditation by the National Commission on Correctional Health Care and the Joint Commission on the Accreditation of Health Care Organizations. Detention facilities that are not accredited as of the date of the enactment of this Act will obtain such accreditation within one year, and if accreditation is not obtained by that time the Secretary of Homeland Security shall cease use of the facility. All standards, policies and practices shall at a minimum comply with the National Commission on Correctional Health Care Standards for Health Services in Jails. (B) All detention facilities shall have a designated on-site health authority who is a physician, a health services administrator, or a health agency. Clinical decisions shall be made solely by a licensed health care provider. (C) Each immigration detainee shall receive a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility and each immigration detainee shall receive a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than 14 days after arrival. (D) Any decision to deny requested medical care or treatment, or care or treatment recommended by any outside physician or specialist, to a detainee shall be made within 72 hours or earlier if medically necessary and shall be accompanied by a written explanation of the reasons for the denial. This decision and the written explanation of the decision shall be simultaneously communicated to the detainee and to the Secretary of Homeland Security. (E) Detainees shall be afforded an opportunity to obtain an appeal of any decisions denying a request for medical treatment. Such an appeal or request for reconsideration shall be resolved in writing within 7 days or earlier if medically necessary by an appeals board that shall be composed of independent health care professionals in the fields relevant to the request for medical or mental health care. The written decision shall be conveyed to the on-site medical provider and the immigration detainee within 24 hours of a decision by the appeals board. (F) Except in emergency situations where informed consent cannot reasonably be obtained, medical care and treatment shall be provided only with the informed consent of the detainee or a person authorized by the detainee or applicable law to provide such consent. (G) Involuntary psychotropic medication may be used only if allowed by applicable law and then only in emergency situations when a physician has determined, after personally examining the patient, that— (i) a detainee is imminently dangerous to self or others due to a mental illness; and (ii) involuntary psychotropic medication is medically appropriate to treat the mental illness and necessary to prevent harm. If a detainee is represented by counsel, the administration of any psychotropic drug to the detainee shall be disclosed to the detainee’s counsel promptly and in any event within a reasonable time prior to any hearing in which the detainee will appear. If a detainee is not represented by counsel, the administration of any psychotropic drug to the detainee shall, with the informed consent of the detainee, be disclosed to the Immigration Court prior to any hearing in which the detainee will appear. Any disclosure to the court by any person of the administration of a psychotropic drug to the detainee shall be filed under seal and may be disclosed to other persons only in the same manner and to the same extent that medical records may be disclosed. Any detainee who receives medication pursuant to this subparagraph must be afforded a hearing pursuant to the procedures set forth in 28 CFR 549.43, as described in Washington v. Harper, 494 U.S. 210 (1990), before the detainee may receive medication again under this subparagraph. (H) No drugs of any kind shall be administered to detainees without their informed consent for the purpose of sedation or controlling the detainee’s behavior during transportation or removal or for the purpose of punishment. (I) All detention facilities shall maintain complete medical records for every detainee, which shall be made available within 72 hours to any detention facility to which the detainee may be transferred. Medical records shall also be made available within 72 hours to a detainee, his legal representative, or other authorized individuals upon request by the detainee. Any and all medical and mental health records of a detainee shall be treated as confidential, as required by the Health Insurance Portability and Accountability Act of 1996. (J) For each fiscal year after the passage of this Act, the Secretary of Homeland Security shall report to the Congress on a semiannual basis, and to Department of Homeland Security Office of Inspector General within 48 hours of any in-custody death, information regarding the death of any person who is in the custody of U.S. Immigration and Customs Enforcement that, at a minimum, includes— (i) the name, gender, national origin, alien number, and age of the deceased; (ii) the date on which detention in U.S. Immigration and Customs Enforcement custody commenced; (iii) the date and location of death; (iv) the location of last detention; (v) a brief description of the circumstances surrounding the death; (vi) the status and results of any investigation(s) that has been conducted into the circumstances surrounding the death; (vii) each location where the individual was held in U.S. Immigration and Customs Enforcement custody or the custody of an entity contracting with U.S. Immigration and Customs Enforcement and the dates during which the individual was held at each location; and (viii) all medical records of the deceased. (K) All detainee transfers shall take into consideration the detainee’s health and medical fitness. Continuity of care shall be preserved during and after transfers, and detainees shall suffer no interruption in the provision of treatment, including prescription medication. (3) Sexual abuse regulations concerning care and custody of detainees (A) In general Detention facilities shall take all necessary measures to prevent sexual abuse of detainees, including sexual assaults, and shall observe the minimum standards under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ). (B) Measures where abuse occurs Where sexual abuse occurs, detention facilities shall ensure that— (i) prompt and appropriate medical intervention is taken to minimize medical and psychological trauma; (ii) a medical history is taken and a physical examination is conducted by qualified and culturally appropriate medical professionals to determine the extent of physical injury and whether referral to another medical facility is indicated; (iii) prophylactic treatment, emergency contraception, and follow-up for sexually transmitted diseases are provided; (iv) the case is evaluated by a qualified mental health professional for crisis intervention counseling and long-term follow-up; (v) victims are separated from their abusers and are considered for release on parole or for an alternative to detention program; and (vi) any and all medical and mental health records arising out of a detainee’s allegation of sexual abuse shall be treated as confidential, as required by the Health Insurance Portability and Accountability Act of 1996. (C) Reporting A detention facility shall not subject any person to punishment or any other form of retaliation for reporting incidents of sexual abuse. (D) Investigation In all cases of alleged sexual abuse, the detention facility shall conduct a thorough and timely investigation and shall provide to the Secretary of Homeland Security a report of the circumstances and the response of the detention facility. If the report is not completed within 30 days after alleged sexual abuse comes to the attention of the detention facility, the detention facility shall submit to the Secretary of Homeland Security a description of the status of the investigation and an estimated date of completion 30 days after the alleged sexual abuse comes to the attention of the detention facility and every 30 days thereafter until the report is provided to the Secretary of Homeland Security. The report required by this subsection shall include at minimum a determination of whether the alleged sexual abuse occurred, an in-depth analysis of the relevant facts including the causes of any sexual abuse that may have occurred and whether and to what extent the alleged abuse indicates a failure of policy, a failure of training, a failure of oversight, or a failure of management, and a description of the actions that the facility will take to prevent the occurrence of similar incidents in the future and a plan for monitoring the implementation of those actions. The detention facility shall provide to the Secretary of Homeland Security periodic reports monitoring the implementation of the plan in accordance with the schedule set forth in such plan as approved by the Secretary of Homeland Security. (4) Transfer of detainees (A) Procedures In adopting procedures governing the transfer of individuals detained under section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), and subject to the exception in subparagraph (D), the Secretary of Homeland Security shall promulgate regulations prohibiting transfer of a detainee if such transfer would— (i) negatively affect an existing attorney-client relationship; (ii) negatively affect the detainee's legal proceedings, including merits or calendar hearings, or a pending application with United States Citizenship and Immigration Services or the Executive Office for Immigration Review, by— (I) limiting the detainee's access to securing legal representation; (II) limiting the detainee's ability to prepare a legal defense to removal; or (III) removing the detainee from the legal venue of such proceeding; (iii) negatively affect the detainee's health and medical fitness; or (iv) to the extent it does not conflict with clauses (i), (ii), and (iii)— (I) place the detainee in a location more distant from the detainee's residence than the original detention location; or (II) place the detainee in a location more distant from family members than the original detention location. (B) Notice Unless exigent circumstances dictate an immediate transfer— (i) the Secretary of Homeland Security shall provide not less than 72 hours notice to any detainee prior to transferring the detainee to another detention facility; (ii) detainees shall be afforded at least one toll-free call following any transfer, and within 24 hours after the detainee’s arrival at the transferee facility, the Secretary of Homeland Security shall notify the detainee’s legal representative or if unrepresented, an adult family member or other person designated by the detainee, of the transfer and the detainee’s new location; (iii) if removal proceedings are pending, the Secretary of Homeland Security shall also promptly notify the Immigration Court, Board of Immigration Appeals, or the Circuit Court of Appeals, as appropriate of the transfer and the detainee’s new address; and (iv) the Secretary of Homeland Security shall not transfer any detainee who has already requested, and is awaiting, a bond hearing or a bond redetermination hearing. (C) Exception The Secretary may transfer a detainee who has an existing attorney-client relationship to an alternate detention facility if such transfer is necessitated by a highly unusual emergency, such as a natural disaster or comparable emergency. (D) Protecting detainees legal rights If the Secretary determines that a transfer is necessary due to a highly unusual emergency, the Secretary shall ensure that the detainee’s legal rights are not prejudiced and the existing attorney-client relationship is not impaired, including evaluating the location of the detention facility based on it proximity to the detainee’s counsel or nongovernmental or pro bono organizations providing free or low cost immigration legal services. (E) Record In cases in which a detainee is transferred, the Secretary shall make a record of the reasons and circumstances necessitating such transfer. (5) Notice (A) In General Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: (f) Notice The Secretary of Homeland Security shall file the notice to appear or other relevant charging document with the immigration court and serve such notice on every alien detained under this Act, within 48 hours of the detention of such alien. Any alien, held for more than 48 hours shall be brought before an immigration judge for a custody determination within 72 hours of the arrest or detention of such alien. The requirements of this provision may be tolled for no more than 30 days upon request from an alien who demonstrates prima facie eligibility for affirmative relief. The Secretary of Homeland Security shall— (1) document when a notice to appear is served on a detainee in order to determine compliance by the Secretary of Homeland Security with the 48-hour notice requirement; and (2) submit to the Committees on the Judiciary of the Senate and the House of Representatives an annual report concerning the Secretary of Homeland Security’s compliance with such notice requirement. . (B) Applicability of other law Nothing in section 236(f) of the Immigration and Nationality Act, as added by subparagraph (A), shall be construed to repeal section 236A of such Act ( 8 U.S.C. 1226a ). (b) Regulations concerning care and custody of detainees (1) Rulemaking The Secretary of Homeland Security shall promulgate new rules, or modify existing rules, based on the report of the detention advisory committee established under paragraph (2), to ensure detainees are treated humanely and held in the least restrictive setting necessary for their safety and to ensure compliance with the general minimum requirements set forth in paragraph (3), standards regarding classification of detainees set forth in paragraph (4), and the special standards for vulnerable populations set forth in paragraph (5). Such rules shall apply to all facilities in which the Secretary of Homeland Security detains noncitizens, including Service Processing Centers, Contract Detention Facilities, State or local government facilities used by Detention and Removal Operations through Intergovernmental Service Agreements, Bureau of Prisons facilities, and any other temporary or permanent facility used to hold detainees. The rules required under this paragraph shall be promulgated not later than 1 year after the Secretary of Homeland Security receives the report of the detention advisory committee established under paragraph (2), or 1 year after such report is due, whichever is earlier. (2) Detention advisory committee The Secretary of Homeland Security shall convene, and receive a report from a detention advisory committee comprised of experts from U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Office of Refugee Resettlement, and Division of Immigration Health Services in the Department of Health and Human Services, and an equal number of independent experts from nongovernmental organizations and intergovernmental organizations with expertise in working on behalf of aliens detained under immigration laws and vulnerable populations. The independent experts shall at a minimum include representatives of the American Bar Association and the United Nations High Commissioner for Refugees. The detention advisory committee shall review and revise all the guidelines found in the Secretary of Homeland Security’s Detention Operations Manual, as amended, based on identifiable deficiencies and best practices that treat aliens both safely and humanely. The detention advisory committee shall submit a report to the Secretary of Homeland Security within 12 months after the date of the enactment of this Act. For good cause, the Secretary of Homeland Security may extend the time for submission of the advisory committees report for an additional six months. (3) Training The Secretary of Homeland Security shall develop and implement a training protocol for all personnel in all facilities in which noncitizens are detained. The training protocol shall include periodic updates to initial comprehensive training. The Secretary shall monitor the implementation of the protocol annually and shall ensure that all personnel who are required to be trained under the protocol have received the necessary training. The protocol shall include— (A) an overview of immigration detention and the characteristics of the noncitizen detainee population; (B) an overview of the detention standards; (C) specific guidance on each of the detention standards; and (D) a description of the Secretary’s quality assurance procedures. (4) General minimum requirements The Secretary of Homeland Security’s rules regarding conditions of detention shall ensure that the following requirements are met: (A) Fair and humane treatment Detainees shall not be subject to cruel, degrading or inhumane treatment such as verbal or physical abuse or harassment, sexual abuse or harassment, or arbitrary punishment. (B) Use of force and restraints Detainees shall not be subjected to shackling, handcuffing, solitary confinement, Tasers, electric shields, restraint chairs, or strip searches unless and to the extent that such techniques are necessary to ensure the security of other detainees, staff, or the public and where no less coercive or degrading measures are available to achieve that end. These techniques shall in no event be used for the purpose of humiliating detainees either within or outside the detention facility. Detention facilities shall adopt written policies pertaining to the use of force and the use of restraints, and shall train all staff on the proper use of such devices. (C) Investigation of grievances Detainees shall have the right to prompt, effective, transparent, and impartial grievance procedures. Such procedures shall include review of grievances by officials of the Department of Homeland Security who do not work at the same detention facility where the detainee filing the grievance is detained in accordance with the following: (i) An otherwise valid grievance shall not be denied for noncompliance with a procedural requirement if such noncompliance is due to ignorance, fear, excusable neglect or other reasonable cause. (ii) Detainees shall be afforded the opportunity to complain to staff of U.S. Immigration and Customs Enforcement directly and confidentially, outside the grievance process. (iii) Detainees shall not be subject to retaliation for making use of the grievance procedure or procedure for complaining directly to staff of U.S. Immigration and Customs Enforcement. (iv) Detention facilities shall orally inform detainees of the grievance procedure and the procedure for complaining directly to staff of U.S. Immigration and Customs Enforcement and shall provide to every detainee a copy of those procedures within 24 hours after admission. The detention facility shall provide oral interpretation and written translation assistance to detainees in completing any grievance or complaint forms or other relevant materials required to comply with grievance procedures. (v) Detention facilities shall make an annual report regarding the grievances received, the responses made, and the time period for response, and such report shall be submitted to the Secretary of Homeland Security on January 31 of each year. (vi) All grievances shall be investigated. (D) Location of facilities Detention facilities shall be located, to the extent practicable, within 50 miles of a city or municipality in which there is a demonstrated capacity to provide competent legal representation by nonprofit legal aid organizations or other pro bono attorneys to detained noncitizens, including asylum seekers and other vulnerable immigrant populations. The Secretary of Homeland Security shall seek to use only facilities within the stated 50-mile radius by January 1, 2014. (E) Access to legal materials Detainees shall have available an on-site law library with sufficient space to facilitate detainees’ legal research and preparation of documents. The law library’s holdings shall include up-to-date copies of legal materials designated by the Secretary of Homeland Security, including immigration law materials. The law library shall be provided with adequate equipment for legal research and the preparation of legal documents. Such equipment shall include, at a minimum, computers, printers, typewriters, and copiers. Information regarding the availability of the library, procedures for requesting its use, and instruction on the use of the library and library equipment shall be provided to all detainees at the time of admission into the detention facility, and shall be posted in the law library together with a list of the library’s holdings. The detention facility will make available to detainees any assistance that may be necessary to allow detainees to use the library effectively and shall provide special assistance as the Secretary of Homeland Security may prescribe to detainees who are not literate in English. Library services, including access to databases and printing and copying, shall be provided without charge to detainees. (F) Legal visits (i) In general Legal visits shall not be restricted absent narrowly defined exceptional circumstances, including a natural disaster or comparable emergency beyond the control of the Secretary of Homeland Security. (ii) Procedures Detainees shall be entitled to private meetings with their current or prospective legal representatives or their legal assistants. Interpreters shall be allowed to accompany legal representatives and legal assistants on legal visits subject to appropriate security procedures. Legal visits shall be permitted a minimum of 8 hours per day on regular business days and 4 hours per day on weekends and holidays, except that if lack of space for interviews at the detention facility, the conduct of immigration hearings on site, or other factors lead to excessive delay between the time the legal representative is ready to visit the detainee and the time space becomes available, the Secretary of Homeland Security shall require such additional time for legal visits or other measures as may be sufficient to avoid excessive delay. Excessive delay for purposes of this paragraph is delay of 2 hours or more, occurring more than 2 times per month over a 12-month period. Detention facilities shall maintain a procedure allowing legal representatives and legal assistants to call ahead to determine if a detainee is held at that facility, and they shall take messages from legal representatives and promptly deliver them to the detainee. Messengers, including individuals who are not attorneys, legal representatives, or legal assistants, shall be permitted to deliver documents for detainees to and from the facility. Detention facilities shall promptly and prominently post the most current official list of pro bono legal organizations and their contact information in detainee housing units and other appropriate areas, and such lists shall be updated by the Secretary of Homeland Security on a semi-annual basis. Detention facilities may not retaliate in any way, including denial or limitation of access to detention facilities, for complaints or public or private statements made by legal representatives regarding the detention facility’s compliance with regulations relating to conditions of detention. (G) Special correspondence Special correspondence shall not be read by staff of the detention facility or other personnel, contractors, or agents of the Secretary of Homeland Security, and shall not be opened outside the presence of the detainee. For this purpose, special correspondence includes detainees’ written communications to or from private attorneys and other legal representatives; government attorneys; judges and courts; embassies and consulates; the president and vice president of the United States, members of the Congress, officers and other personnel of the Department of Justice; officers and other personnel of the Department of Homeland Security; officers and other personnel of the U.S. Public Health Service; administrators of grievance systems; State and local officials, representatives of the news media, and representatives of nongovernmental organizations and intergovernmental organizations working on behalf of aliens held in detention and vulnerable populations. Correspondence will only be treated as special correspondence if marked special correspondence or legal mail or if the title and office of the sender (for incoming correspondence) or addressee (for outgoing correspondence) are unambiguously identified on the envelope, clearly indicating that the correspondence is special correspondence. Special correspondence shall be promptly delivered and promptly posted. In general, correspondence will be deemed promptly delivered if it is delivered to the detainee within 24 hours after its receipt by the detention facility, and correspondence will be deemed promptly posted if it is placed into the United States mail the next day on which the Post Office is open for business after the detainee places the correspondence in the location designated by the facility for outgoing mail. (H) Access to detention facilities Detention facilities shall afford access as follows: (i) Subject to reasonable conditions to protect the security of the facility, detention facilities shall afford access to private attorneys, other legal representatives and legal personnel such as paralegals and Board of Immigration Appeals accredited representatives; government attorneys; judges and courts; embassies and consulates; the president and vice president of the United States, members of Congress and their staff; officers and other personnel of the Department of Justice; officers and other personnel of the Department of Homeland Security; officers and other personnel of the U.S. Public Health Service; administrators of grievance systems; State and local officials, representatives of the news media, and representatives of nongovernmental organizations, community service organizations, and intergovernmental organizations. (ii) Independent observers, including nongovernmental organizations, shall be permitted to conduct site visits, meet privately with detainees, test telephones and pro bono calling platforms, and take other reasonable steps to monitor compliance with regulations regarding conditions of detention. Such observers and organizations shall not be prohibited from issuing public reports on the findings of monitoring visits. (iii) Detention facilities shall accommodate requests for facility tours within a reasonable time not to exceed 1 week. (iv) Access of media representatives to detention facilities and individual detainees may be restricted only to the extent necessary to preserve the privacy of detainees, the security and good order of the facility, the safety of the interviewer, national security, or any other obligation imposed by law or court order. Such access may not be restricted based on the content of the media representative’s reporting, and retaliation against detainees and members of the media based on the content of their speech shall be prohibited. (v) Detention facilities may not retaliate in any way, including denial or limitation of access to detention facilities, against any visitor for complaints, or public or private statements, regarding the detention facility’s compliance with regulations relating to conditions of detention. (I) Translation capabilities Detention facilities shall employ staff that, to the extent practicable, is qualified in the languages represented in the population of detainees at each such facility and shall provide alternative translation services where necessary. (J) Recreational programs and activities Detainees shall be afforded access of at least one hour per day to indoor and outdoor recreational programs and activities. (K) Safe and sanitary living environment Detention facilities shall house no more individuals than permitted by the rated bed capacity for the facility, where the rated bed capacity is defined by the original design capacity, plus or minus capacity changes resulting from building additions, reductions, or revisions. Each detainee shall receive appropriate clothing and a bed and a mattress placed in an area specifically designated for residential use, rather than an area re-tasked for residential use such as common dayrooms, recreation areas, or visitation rooms. Detention facilities shall be maintained in a safe and sanitary condition, and adequate ventilation and reasonably comfortable indoor temperatures shall be maintained at all times. (L) Legal orientation to ensure effective immigration proceedings (i) In general The Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that all detained aliens, including unaccompanied minors, in immigration proceedings receive legal orientation from an independent nongovernmental organization through a program administered and implemented by the Executive Office for Immigration Review of the Department of Justice. (ii) Content of program The legal orientation program developed pursuant to this subparagraph shall be based on the Legal Orientation Program carried out by the Executive Office for Immigration Review on the date of the enactment of this Act. Presentations for minors shall utilize a child-centered model. (5) Classification The Secretary of Homeland Security’s rules shall ensure that detainees with no history of a criminal conviction are separated by sight and sound from detainees and inmates with criminal convictions, pretrial inmates facing criminal prosecution, and those inmates exhibiting violent behavior while in detention. (6) Vulnerable populations The Secretary of Homeland Security’s rules regarding conditions of detention for vulnerable populations shall— (A) recognize the unique needs of asylum seekers, victims of torture and trafficking, families with children, detainees who do not speak English, detainees with special religious, cultural or spiritual considerations, and vulnerable populations listed in section 3(c); and (B) ensure that procedures and conditions of detention are appropriate for such vulnerable populations. (7) Staffing For purposes of this subsection and protecting vulnerable populations, the Secretary of Homeland Security shall appoint at least three members to the Directorate of Policy at the GS–15 level with substantial academic credentials and expertise in working directly with vulnerable populations including children, families and victims of trafficking, trauma, and torture who shall be responsible for setting, implementing, and overseeing policy and regulatory developments concerning vulnerable populations. 3. Secure alternatives to detention (a) In general Subject to the availability of appropriations, the Secretary of Homeland Security shall fully implement and utilize secure alternatives to detention programs. (b) Secure alternatives to detention programs (1) Nature of the program For purposes of this section, the programs referred to in subsection (a) are programs under which eligible aliens are released under supervision, assistance and monitoring that ensure they appear at all immigration interviews, appointments, and hearings. The elements of the secure alternatives to detention programs are— (A) group presentations and individual screening; (B) provision of services to aliens released; and (C) on-going assistance, supervision, and monitoring. (2) Voluntary participation An alien’s participation in the program is voluntary and shall not confer any rights or benefits to the alien under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (3) Program development The program shall be developed in accordance with the following guidelines: (A) The Secretary of Homeland Security shall design the program in consultation with nongovernmental organizations and academic experts in both the immigration and the criminal justice fields. (B) All aliens in the custody of the Secretary of Homeland Security deemed eligible for secure alternatives to detention programs shall be released in the least restrictive setting needed to ensure appearance at all immigration interviews, appointments and hearings. The programs shall utilize a continuum of methods, including releasing the alien to an individual or organizational sponsor, a supervised group home, or a supervised, non-penal community setting. (C) Nongovernmental organizations and State and local social service agencies that serve immigrants shall be contracted to conduct group and individual screening and provide services to program participants. (D) The Secretary of Homeland Security shall ensure that each alien participates in a legal presentation provided through the legal orientation presentation program administered by the Executive Office for Immigration Review. (c) Protection of vulnerable populations Within 72 hours of detaining an alien, the Secretary of Homeland Security shall screen the alien to determine if he or she falls into the following designated groups. Any alien described in the following designated groups who meets the criteria set forth under section 236(b) of the Immigration and Nationality Act, as amended by this Act, shall be released on parole, a reasonable bond, or the alien’s own recognizance subject to the requirements of such section 236(b): (1) Aliens who have serious medical or mental health needs or a disability. (2) Pregnant or nursing women. (3) Aliens who are being detained with one or more of their children. (4) Aliens who provide financial, physical, and other direct support to their minor children, parents, or other dependents. (5) Aliens who are over the age of 65. (6) Children (as defined at section 101(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(c)(1))). (7) Victims of abuse, violence, crime or trafficking. (8) Asylum seekers and torture survivors who have demonstrated a credible fear of persecution or a reasonable fear of torture. (9) Other groups designated in regulations or guidance promulgated after the date of the enactment of this Act by the Secretary of Homeland Security. (10) Individuals who have a nonfrivolous claim to United States citizenship or aliens who are eligible for relief under a provision of the Immigration and Nationality Act. (d) Options regarding detention decisions for vulnerable populations and placement in alternatives to detention Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking (c) and inserting (d) ; (B) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking but at the end; and (iii) by inserting after subparagraph (B) the following: (C) the alien’s own recognizance; and ; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) may enroll the alien in a secure alternatives to detention program; but ; (2) by redesignating subsections (b), (c), (d), and (e) as subsections (e), (f), (g), and (h) respectively; (3) by inserting after subsection (a) the following: (b) Custody decisions for vulnerable populations (1) In general Not later than 72 hours after an alien's detention unless the 72-hour requirement is waived in writing by the alien, an alien who is a member of a vulnerable population (as defined by subsection (c)) shall be released from the Secretary of Homeland Security's custody and shall not be subject to electronic monitoring unless the Secretary of Homeland Security demonstrates that the alien— (A) is subject to mandatory detention under section 235(b)(1)(B)(iii)(IV), 236(c) or 236A; or (B) poses a flight risk or a risk to others or national security. (2) Release An alien shall be released under this subsection— (A) on the alien’s own recognizance; (B) by posting a reasonable bond under subsection (a); or (C) on parole in accordance with section 212(d)(5)(A). (c) Participation in alternatives to detention An alien who is denied release on recognizance, parole, or bond, or is unable to pay the bond shall be selected for participation in a secure alternatives to detention program unless the Secretary of Homeland Security demonstrates by substantial evidence that the alien— (1) is subject to mandatory detention under section 235(b)(1)(B)(iii)(IV) or 236A; or (2) is a flight risk or the alien’s participation in the program would create a risk to others or national security. (d) Decisions under this section In the case of a decision under subsection (a), (b), or (c), the following shall apply: (1) The decision shall be made in writing and shall be served upon the individual in the language spoken by the alien. A decision to continue detention without bond or parole shall specify in writing the reasons for that decision. (2) The decision shall be served upon the alien within 72 hours of the individual’s detention or, in the case of an individual subject to section 235, 238, or 241(a)(5) within 72 hours of a positive credible or reasonable fear determination. (3) An alien subject to this section, including all aliens who are entitled to a removal hearing under section 240, may at any time after being served with the Secretary of Homeland Security’s decision under subsections (a), (b), or (c) request a redetermination of that decision by an immigration judge. (4) All custody decisions by the Secretary of Homeland Security shall be subject to redetermination by an immigration judge. Nothing in this subsection shall be construed to prevent an individual from requesting a bond redetermination. (5) The Attorney General or an immigration judge, at any time, may redetermine an alien’s classification under subsection (c), the bond of someone released, or the custody status of someone placed in an alternatives to detention program. Nothing in this subsection would preclude a person from being released on bond after initially participating in an alternatives to detention program. ; and (4) in subsection (f), as redesignated, in paragraph (2), by inserting or for humanitarian reasons, after such an investigation, . (e) Eligibility and operations Nothing in this section shall be construed to modify the care and custody of unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act (6 U.S.C. 279(g)(2))) who shall be considered to be in the care and exclusive legal and physical custody of the Secretary of Health and Human Services. Such children shall be subject to removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ), with the exception of children from contiguous countries eligible for administrative voluntary departure, and shall not be permitted to participate in the program. (f) Less restrictive custodial detention If an alien is determined not to meet the requirements for release on recognizance, bond or parole, or subsequently does not meet the requirements for secure alternatives to detention programs, the alien shall be considered for placement in less restrictive forms of custody: (1) Less restrictive forms of custodial detention include electronic monitoring such as the use of ankle bracelets that monitor an individual’s movement and the use of similar electronic devices. (2) An individualized determination shall be made in each alien’s case about the use of electronic monitoring. (3) Aliens who would otherwise be subject to detention including under section 236 of such Act (8 U.S.C. 1226) may be placed in electronic monitoring or other less restrictive forms of custody. (4) Subject to the availability of appropriations, facilities shall be developed and used that offer the least restrictive secure setting for aliens in custody. 4. Program oversight and review (a) Relationships of application to certain orders An alien who is present in the United States and has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act— (1) notwithstanding such order, may be selected for a secure alternatives to detention program; and (2) shall not be required to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal, or voluntary departure order. (b) Implementing regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to implement the secure alternatives to detention programs. (c) Reporting requirements Not later than 365 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary of the Senate a report that details all policies, regulations, and actions taken to comply with the provisions in this Act and the amendments made by this Act, including efforts to increase the use of the secure alternatives to detention programs, and a description of efforts taken to ensure that all aliens in expedited removal proceedings are residing under conditions that are safe, secure, and healthy. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this Act and the amendments made by this Act. Amounts appropriated pursuant to this subsection shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-113hr639ih/xml/BILLS-113hr639ih.xml |
113-hr-640 | I 113th CONGRESS 1st Session H. R. 640 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to strengthen student visa background checks and improve the monitoring of foreign students in the United States, and for other purposes.
1. Short title This Act may be cited as the Student Visa Security Improvement Act . 2. Enhanced student visa background checks (a) In general Section 428(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(e) ) is amended by adding at the end the following: (9) Student visas In administering the program under this subsection, the Secretary, not later than 180 days after the date of the enactment of the Student Visa Security Improvement Act — (A) shall prescribe regulations to require employees assigned under paragraph (1) to review the applications of all applicants recommended by Department of State personnel for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), and conduct in-person interviews where appropriate, prior to final adjudication, with special emphasis on determining whether applicants are inadmissible under section 212(a)(3)(B) of such Act ( 8 U.S.C. 1182(a)(3)(B) ) (relating to terrorist activities); (B) shall ensure that employees assigned under paragraph (1) conduct on-site reviews of any applications and supporting documentation for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) that they deem appropriate prior to final adjudication; and (C) shall update, in consultation with the Secretary of State, the memorandum of understanding between the Department of Homeland Security and the Department of State regarding implementation of this section to clarify the roles and responsibilities of employees assigned under paragraph (1) specifically with regard to the duties prescribed by this paragraph. . 3. Student and exchange visitor program (a) In General Section 442 of the Homeland Security Act of 2002 ( 6 U.S.C. 252 ) is amended— (1) in subsection (a)— (A) by redesignating paragraph (5) as paragraph (11); and (B) by inserting after paragraph (4) the following: (5) Student and exchange visitor program In administering the program under paragraph (4), the Secretary shall, not later than one year after the date of the enactment of the Student Visa Security Improvement Act — (A) prescribe regulations to require an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor enrolled at the institution or attending the exchange visitor program— (i) is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States; (ii) is not unobserved for any period— (I) exceeding 30 days during any academic term or program in which the covered student or exchange visitor is enrolled; or (II) exceeding 60 days during any period not described in subclause (I); and (iii) is reported to the Department within 10 days of— (I) transferring to another institution or program; (II) changing academic majors; or (III) any other changes to information required to be maintained in the system described in paragraph (4); (B) notwithstanding subparagraph (A), require each covered student or exchange visitor to be observed at least once every 60 days; and (C) prescribe regulations defining what constitutes the commencement of participation of a covered student in a designated exchange visitor program (as defined in section 641(h) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(h) )). (6) Enhanced access The Secretary shall provide access to the Student and Exchange Visitor Information System (hereinafter in this subsection referred to as the SEVIS ), or other equivalent or successor program or system, to appropriate employees of an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program if— (A) at least two authorized users are identified at each participating institution or exchange visitor sponsor; (B) at least one additional authorized user is identified at each such institution or sponsor for every 200 covered students or exchange visitors enrolled at the institution or sponsor; and (C) each authorized user is certified by the Secretary as having completed an appropriate training course provided by the Department for the program or system. (7) Program support The Secretary shall provide appropriate technical support options to facilitate use of the program or system described in paragraph (4) by authorized users. (8) Upgrades to SEVIS or equivalent data The Secretary shall update the program or system described in paragraph (4) to incorporate new data fields that include— (A) verification that a covered student’s performance meets the minimum academic standards of the institution in which such student is enrolled; and (B) timely entry of any information required by paragraph (5) regarding covered students and exchange visitors enrolled at institutions or exchange program sponsors. (9) Savings clause Nothing in this section shall prohibit the Secretary or any institution or exchange program sponsor participating in the Student Exchange Visitor Program from requiring more frequent observations of covered students or exchange visitors. (10) Decertification The Secretary is authorized, without notice, to decertify any approved institution or exchange visitor program sponsor if such institution or exchange visitor program sponsor is engaged in egregious criminal activities or is a threat to national security. ; and (2) by adding at the end the following: (d) Definitions For purposes of this section: (1) The term covered student means a student who is a nonimmigrant pursuant to subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ). (2) The term observed means positively identified by physical or electronic means. (3) The term authorized user means an individual nominated by an institution participating in the Student and Exchange Visitor Program and confirmed by the Secretary as not appearing on any terrorist watch list. . (b) Comptroller General Review The Comptroller General of the United States shall conduct a review of the fees for the Student and Exchange Visitor Program of the Department of Homeland Security. The Comptroller General shall include in such review data from fiscal years 2009 through 2013 and shall consider fees collected by the Department and all expenses associated with the review, issuance, maintenance, data collection, and enforcement functions of the Student and Exchange Visitor Program. | https://www.govinfo.gov/content/pkg/BILLS-113hr640ih/xml/BILLS-113hr640ih.xml |
113-hr-641 | I 113th CONGRESS 1st Session H. R. 641 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Bordallo (for herself and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 32, United States Code, to codify the National Guard State Partnership Program regarding the funding sources for and purposes of the program and specifying certain limitations on the use of such funding.
1. Short title This Act may be cited as the National Guard State Partnership Program Enhancement Act . 2. Codification of National Guard State Partnership Program (a) State Partnership Program (1) In general Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: 116. State Partnership Program (a) Purposes of program The purposes of the State Partnership Program of the National Guard are the following: (1) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted. (2) To support the objectives of the United States chief of mission of the partner nation with which contacts and activities are conducted. (3) To build international partnerships and defense and security capacity. (4) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments to support building of defense and security capacity. (5) To facilitate intergovernmental collaboration between the United States Government and foreign governments in the areas of defense and security. (6) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security. (b) Availability of appropriated funds for program (1) Funds appropriated to the Department of Defense, including funds appropriated for the Air and Army National Guard, shall be available for the payment of costs incurred by the National Guard to conduct activities under the State Partnership Program, whether those costs are incurred inside or outside the United States. (2) Costs incurred by the National Guard and covered under paragraph (1) may include the following: (A) Costs of pay and allowances of members of the National Guard. (B) Travel and necessary expenses of United States personnel outside of the Department of Defense in support of the State Partnership Program. (C) Travel and necessary expenses of foreign participants directly supporting activities under the State Partnership Program. (c) Limitations on use of funds (1) Funds shall not be available under subsection (b) for activities conducted in a foreign country unless jointly approved by— (A) the commander of the combatant command concerned; and (B) the chief of mission concerned, with the concurrence of the Secretary of State. (2) Funds shall not be available under subsection (b) for the participation of a member of the National Guard in activities in a foreign country unless the member is on active duty in the armed forces at the time of such participation. (3) Funds shall not be available under subsection (b) for interagency activities involving United States civilian personnel or foreign civilian personnel unless the participation of such personnel in such activities— (A) contributes to responsible management of defense resources; (B) fosters greater respect for and understanding of the principle of civilian control of the military; (C) contributes to cooperation between the United States armed forces and civilian governmental agencies and foreign military and civilian government agencies; or (D) improves international partnerships and capacity on matters relating to defense and security. (d) Reimbursement (1) In the event of the participation of United States Government participants (other than personnel of the Department of Defense) in activities for which payment is made under subsection (b), the head of the department or agency concerned shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities. (2) Amounts received under paragraph (1) shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. (e) Definitions In this section: (1) The term State Partnership Program means a program that establishes a defense and security relationship between the National Guard of a State or territory and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country. (2) The term activities , for purposes of the State Partnership Program, means any military-to-military activities or interagency activities for a purpose set forth in subsection (a)(1). (3) The term interagency activities means the following: (A) Contacts between members of the National Guard and foreign civilian personnel outside the ministry of defense of the foreign country concerned on a matter within the core competencies of the National Guard. (B) Contacts between United States civilian personnel and members of the military and security forces of a foreign country or foreign civilian personnel on a matter within the core competencies of the National Guard. (4) The term matter within the core competencies of the National Guard means matters with respect to the following: (A) Disaster response and mitigation. (B) Defense support to civil authorities. (C) Consequence management and installation protection. (D) Response to a chemical, biological, radiological, nuclear, or explosives (CBRNE) event. (E) Border and port security and cooperation with civilian law enforcement. (F) Search and rescue. (G) Medicine. (H) Counter-drug and counter-narcotics activities. (I) Public affairs. (J) Employer support and family support for reserve forces. (5) The term United States civilian personnel means the following: (A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States. (B) Members and employees of the legislative branch of the United States Government. (C) Non-governmental individuals. (6) The term foreign civilian personnel means the following: (A) Civilian personnel of a foreign government at any level (including personnel of ministries other than ministries of defense). (B) Non-governmental individuals of a foreign country. . (2) Clerical amendment The table of sections at the beginning of chapter 1 of such title is amended by adding at the end the following new item: 116. State Partnership Program. . (b) Repeal of superseded authority Section 1210 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2517; 32 U.S.C. 107 note) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr641ih/xml/BILLS-113hr641ih.xml |
113-hr-642 | I 113th CONGRESS 1st Session H. R. 642 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To make clear that an agency outside of the Department of Health and Human Services may not designate, appoint, or employ special consultants, fellows, or other employees under subsection (f) or (g) of section 207 of the Public Health Service Act.
1. Short title This Act may be cited as the Health and Human Services Hiree Clarification Act of 2013 . 2. Employment of special consultants and fellows for the Public Health Service (a) In general Section 207(f) of the Public Health Service Act ( 42 U.S.C. 209(f) ) is amended by adding at the end the following: This subsection and subsection (g) do not authorize the designation, appointment, or employment of any special consultant, fellow, or other employee by an agency outside of the Department of Health and Human Services. . (b) Technical corrections Section 207(h) of the Public Health Service Act ( 42 U.S.C. 209(h) ) is amended— (1) by striking subsection (f) and inserting subsection (g) ; and (2) by striking subsection (e) and inserting subsection (f) . (c) Applicability The amendments made by this section apply with respect to special consultants, fellows, and other employees appointed on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr642ih/xml/BILLS-113hr642ih.xml |
113-hr-643 | I 113th CONGRESS 1st Session H. R. 643 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Burgess 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 provide that no Federal or State requirement to increase energy efficient lighting in public buildings shall require a hospital, school, day care center, mental health facility, or nursing home to install or utilize such energy efficient lighting if the lighting contains mercury.
1. Mercury-containing lighting (a) Amendment Title III of the Energy Independence and Security Act of 2007 is amended by adding at the end the following new section: 326. Mercury-containing lighting Notwithstanding sections 321 through 325, and the amendments made by those sections, no Federal or State requirement to increase energy efficient lighting in public buildings shall require a hospital, school, day care center, mental health facility, or nursing home to install or utilize such energy efficient lighting if the lighting contains mercury. . (b) Table of contents amendment The table of contents for the Energy Independence and Security Act of 2007 is amended by adding at the end of the items relating to title III the following new item: Sec. 326. Mercury-containing lighting. . | https://www.govinfo.gov/content/pkg/BILLS-113hr643ih/xml/BILLS-113hr643ih.xml |
113-hr-644 | I 113th CONGRESS 1st Session H. R. 644 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Carney (for himself, Mr. Andrews , Mr. Cartwright , Mr. Dent , Mr. Fitzpatrick , Mr. Gibson , Mr. Holt , Mr. LoBiondo , Mr. Meehan , Mr. Runyan , and Ms. Schwartz ) introduced the following bill; which was referred to the Committee on Natural Resources , 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 direct the Secretary of the Interior to establish a program to build on and help coordinate funding for restoration and protection efforts of the 4-State Delaware River Basin region, and for other purposes.
1. Short title This Act may be cited as the Delaware River Basin Conservation Act of 2013 . 2. Findings Congress finds that— (1) the Delaware River Basin is a national treasure of great cultural, environmental, and ecological importance; (2) the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams; (3) the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife; (4) the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is forest clearing in the Upper Basin, according to a study conducted by the Philadelphia Water Department; (5) almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, and red knots, which have been identified as unique species in need of habitat improvement; (6) the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is a prolific source of eastern oyster, blue crab, and the largest population of the American horseshoe crab; (7) the annual value of commercial Eastern oyster landings for the Delaware Estuary is $3,700,000 per year in 2010 dollars, making it the fourth-most lucrative fishery in the Delaware River Basin watershed, and oyster populations are rebounding despite many years of below-average biological recruitment due, in part, to pollution and disease; (8) the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as 1 of the 4 most important shorebird migration sites in the world; (9) the Basin, 50 percent of which is forested, also has 1,000,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water quality benefits; (10) much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 14 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams; (11) the Delaware River is the longest undammed river east of the Mississippi, and a critical component of the National Wild and Scenic Rivers System in the Northeast; (12) management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors; (13) the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is one of the largest freshwater port in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons; (14) the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is 1 of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary; (15) the Delaware River Basin Commission is a Federal-interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest; (16) restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels; and (17) the existing and ongoing voluntary conservation efforts in the Delaware River Basin necessitate improved efficiency and cost-effectiveness, as well as increased private-sector investments and coordination of Federal and non-Federal resources. 3. Definitions In this Act: (1) Basin The term Basin means the 4–State Delaware Basin region, including all of Delaware Bay and portions of the States of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (2) Basin State The term Basin State means each of the States of Delaware, New Jersey, New York, and Pennsylvania. (3) Director The term Director means the Director of the United States Fish and Wildlife Service. (4) Foundation The term Foundation means the National Fish and Wildlife Foundation, a congressionally chartered foundation established by section 2 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 ). (5) Grant program The term grant program means the Delaware River Basin restoration grant program established under section 5. (6) Program The term program means the Delaware River Basin restoration program established under section 4. (7) Restoration and protection The term restoration and protection means the conservation, protection, and enhancement of fish and wildlife, as well as the habitats of fish and wildlife. (8) Secretary The term Secretary means the Secretary of the Interior, acting through the Director. (9) Service The term Service means the United States Fish and Wildlife Service. 4. Program establishment (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to be known as the Delaware River Basin restoration program . (b) Duties In carrying out the program, the Secretary shall— (1) draw on existing and new management plans for the Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a basin-wide strategy that— (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); (B) targets cost-effective conservation projects; (C) supports measurable conservation efforts; and (D) maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; (3) establish the grant program in accordance with section 5; and (4) provide for technical assistance in accordance with this Act. (c) Coordination In establishing the program, the Secretary shall consult, as appropriate, with— (1) the heads of Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Chief of the Natural Resource Conservation Service; (D) the Chief of Engineers of the Corps of Engineers; and (E) the head of any other applicable agency; (2) the Governors of the Basin States; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships; and (6) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin. (d) Purposes The purposes of the program include— (1) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; (2) carrying out coordinated restoration and protection activities throughout the Basin and Basin States— (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Basin; (E) to encourage environmentally sensitive land use planning and development; (F) to increase the capacity to implement coordinated restoration and protection activities in the Basin by conducting public outreach and education and promoting citizen involvement; and (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (3) providing competitive grants for technical assistance to carry out restoration and protection activities in the Basin, with priority given to activities with multiple benefits, as described in paragraph (2). 5. Grants and assistance (a) Delaware river basin restoration program To the extent that funds are available to carry out this section, the Secretary shall establish a grant program to be known as the Delaware River Basin restoration grant program to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, community organizations, institutions of higher education, and other eligible entities to carry out activities described in section 4(d). (b) Criteria The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish 1 or more of the following: (1) Restoration or protection of fish and wildlife and the habitats of fish and wildlife. (2) Improvement or protection of water quality by reducing pollutants and restoring headwater areas and drinking water basins. (3) Improvement of the management of water volume and mitigation of flood damage to support the ecological needs of fish and wildlife and the habitats of fish and wildlife. (4) Inclusion of priority needs or actions identified in the basin-wide strategy adopted under section 4(b)(2). (5) Inclusion of restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage mitigation. (c) Cost sharing (1) Federal share The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary. (2) Non-Federal share The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration (1) In general The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services. (2) Funding If the Secretary enters into an agreement under paragraph (1), the organization selected shall— (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ). (e) Technical assistance The Secretary may provide, or provide for, technical assistance to carry out this section, on a nonreimbursable basis, to— (1) other Federal agencies; (2) State and local governments; (3) nonprofit organizations; (4) community organizations; (5) institutions of higher education; or (6) other entities, as the Secretary determines to be appropriate. 6. Annual reports Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. 7. Authorization of Appropriations (a) In general The United States Fish and Wildlife Service shall use funds within its existing budgetary authority to carry out this Act. (b) Use Of any amount made available each fiscal year to carry out this Act, the Secretary shall use at least 75 percent to carry out the grant program under section 5 including to provide, or provide for, technical assistance under section 5(e). | https://www.govinfo.gov/content/pkg/BILLS-113hr644ih/xml/BILLS-113hr644ih.xml |
113-hr-645 | I 113th CONGRESS 1st Session H. R. 645 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Cohen (for himself, Mr. Butterfield , Mr. Johnson of Georgia , Mr. Meeks , Mr. Conyers , Ms. Norton , Mr. Ellison , Ms. Schakowsky , Mr. Michaud , Ms. Edwards , Mr. Danny K. Davis of Illinois , Mr. Holt , Mr. Grijalva , Ms. Roybal-Allard , Mr. Dingell , Mr. Serrano , Mr. Rangel , Ms. Lee of California , Mr. Larsen of Washington , Ms. Bass , Mr. Farr , Mr. Honda , Mr. Takano , Ms. Shea-Porter , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.
1. Short title This Act may be cited as the Equal Employment for All Act . 2. Use of credit checks prohibited for employment purposes (a) Prohibition for employment and adverse action Section 604 of the Fair Credit Reporting Act ( 15 U.S.C. 1681b ) is amended— (1) in subsection (a)(3)(B), by inserting within the restrictions set forth in subsection (b) after purposes ; (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (3) by inserting after subsection (a) the following new subsection: (b) Use of certain consumer report prohibited for employment purposes or adverse action (1) General prohibition Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity— (A) for employment purposes; or (B) for making an adverse action, as described in section 603(k)(1)(B)(ii). (2) Source of consumer report irrelevant The prohibition described in paragraph (1) shall apply even if the consumer consents or otherwise authorizes the procurement or use of a consumer report for employment purposes or in connection with an adverse action with respect to such consumer. (3) Exceptions Notwithstanding the prohibitions set forth in this subsection, and consistent with the other sections of this Act, an employer may use a consumer report with respect to a consumer in the following situations: (A) When the consumer applies for, or currently holds, employment that requires national security or FDIC clearance. (B) When the consumer applies for, or currently holds, employment with a State or local government agency which otherwise requires use of a consumer report. (C) When the consumer applies for, or currently holds, a supervisory, managerial, professional, or executive position at a financial institution. (D) When otherwise required by law. (4) Effect on disclosure and notification requirements The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report for employment purposes or for making an adverse action against such consumer. . (b) Conforming amendments and cross references Such Act is further amended as follows: (1) In section 603 ( 15 U.S.C. 1681a )— (A) in subsection (d)(3), by striking 604(g)(3) and inserting 604(h)(3) ; and (B) in subsection (o), by striking A and inserting Subject to the restrictions set forth in section 604(b), a . (2) In section 604 (15 U.S.C. 1681b)— (A) in subsection (a), by striking subsection (c) and inserting subsection (d) ; (B) in subsection (c), as redesignated by subsection (a)(2) of this section— (i) in paragraph (2)(A), by inserting and subject to the restrictions set forth in subsection (b) after subparagraph (B) ; and (ii) in paragraph (3)(A), by inserting and subject to the restrictions set forth in subsection (b) after subparagraph (B) ; (C) in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking subsection (e) in both places it appears and inserting subsection (f) ; (D) in subsection (f), as redesignated by subsection (a)(2) of this section— (i) in paragraph (1), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B) ; and (ii) in paragraph (5), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B) . (3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i) . (4) In section 609 ( 15 U.S.C. 1681g )— (A) in subsection (a)(3)(C)(i), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i) ; and (B) in subsection (a)(3)(C)(ii), by striking 604(b)(4)(A) and inserting 604(c)(4)(A) . (5) In section 613(a) ( 15 U.S.C. 1681k(a) ) by striking section 604(b)(4)(A) and inserting section 604(c)(4)(A) . (6) In section 615 (15 U.S.C. 1681m)— (A) in subsection (d)(1), by striking section 604(c)(1)(B) and inserting section 604(d)(1)(B) ; (B) in subsection (d)(1)(E), by striking section 604(e) and inserting section 604(f) ; and (C) in subsection (d)(2)(A), by striking section 604(e) and inserting section 604(f) . | https://www.govinfo.gov/content/pkg/BILLS-113hr645ih/xml/BILLS-113hr645ih.xml |
113-hr-646 | I 113th CONGRESS 1st Session H. R. 646 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Cohen introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to provide additional protections for debtors from discrimination by private employers, and for other purposes.
1. Short title This Act may be cited as the Bankruptcy Nondiscrimination Enhancement Act of 2013 . 2. Amendments Section 525(b) of title 11 of the United States Code is amended— (1) by inserting deny employment to, after may , and (2) by striking solely . 3. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr646ih/xml/BILLS-113hr646ih.xml |
113-hr-647 | I 113th CONGRESS 1st Session H. R. 647 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Crenshaw (for himself, Mr. Van Hollen , Mrs. McMorris Rodgers , Mr. Sessions , Mr. Runyan , Mr. Mica , Ms. Tsongas , Mr. Coffman , Mr. Roe of Tennessee , Mr. Cooper , Mr. Moran , Mr. Harper , Mr. Connolly , Mr. Sarbanes , Ms. Clarke , Mr. Larsen of Washington , Mr. Gerlach , Mr. Larson of Connecticut , Mr. Carson of Indiana , Mr. Tonko , Mr. Cicilline , Mr. Ryan of Ohio , Mr. Young of Florida , Mr. Holt , Mrs. Capps , Mr. Bachus , Mr. McGovern , Ms. Bonamici , Mr. Matheson , Mr. Miller of Florida , Mr. Nunnelee , Mr. Stivers , Mr. Womack , Ms. Herrera Beutler , Mr. Johnson of Ohio , Mrs. Davis of California , Mr. Courtney , Mr. King of New York , Mrs. Hartzler , Mr. McKinley , Mr. Smith of New Jersey , Mr. Vela , Mr. Wolf , Mrs. Capito , Mr. Yarmuth , Ms. Brownley of California , Mr. Yoder , Mr. Rooney , Mr. Marchant , Mrs. Brooks of Indiana , Ms. Norton , Mrs. Bachmann , Mr. Honda , Mr. Meehan , Mr. Benishek , Mr. Poe of Texas , Mr. Welch , Mr. Walberg , and Mr. Deutch ) 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 for the tax treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes.
1. Short title This Act may be cited as the Achieving a Better Life Experience Act of 2013 or the ABLE Act of 2013 . 2. Purposes The purposes of this Act are as follows: (1) To encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. (2) To provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under title XIX of the Social Security Act, the supplemental security income program under title XVI of such Act, the beneficiary’s employment, and other sources. 3. ABLE Accounts (a) Establishment (1) In general Section 529 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) ABLE Accounts (1) General rules For purposes of any other provision of law with respect to a qualified ABLE program and an ABLE account, except as otherwise provided in this subsection— (A) a qualified ABLE program and an ABLE account shall be treated in the same manner as a qualified tuition program and an account described in subsection (b)(1)(A)(ii), respectively, are treated, (B) qualified disability expenses with respect to a program or account described in subparagraph (A) shall be treated in the same manner as qualified higher education expenses are treated, and (C) maximum contributions shall be no higher than the limit established by the State for their regular 529 account. (2) Qualified ABLE program For purposes of this subsection, the term qualified ABLE program means a program established and maintained by a State or agency or instrumentality thereof— (A) under which a person may make contributions to an ABLE account which is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account, (B) which meets the requirements of the preceding subsections of this section (as modified by this subsection), determined by substituting— (i) qualified ABLE program for qualified tuition program , and (ii) ABLE account for account , and (C) which meets the other requirements of this subsection. (3) Qualified disability expenses For purposes of this subsection— (A) In general The term qualified disability expenses means any expenses which are made for the benefit of an individual with a disability who is a designated beneficiary. (B) Expenses included The following expenses shall be qualified disability expenses if such expenses are made for the benefit of an individual with a disability who is a designated beneficiary and are related to such disability: (i) Education Expenses for education, including tuition for preschool thru post-secondary education, which shall include higher education expenses (as defined by subsection (e)(3)) and expenses for books, supplies, and educational materials related to preschool and secondary education, tutors, and special education services. (ii) Housing Expenses for a primary residence, including rent, purchase of a primary residence or an interest in a primary residence, mortgage payments, real property taxes, and utility charges. (iii) Transportation Expenses for transportation, including the use of mass transit, the purchase or modification of vehicles, and moving expenses. (iv) Employment support Expenses related to obtaining and maintaining employment, including job-related training, assistive technology, and personal assistance supports. (v) Health, prevention, and wellness Expenses for health and wellness, including premiums for health insurance, mental health, medical, vision, and dental expenses, habilitation and rehabilitation services, durable medical equipment, therapy, respite care, long term services and supports, nutritional management, communication services and devices, adaptive equipment, assistive technology, and personal assistance. (vi) Miscellaneous expenses Financial management and administrative services; legal fees; expenses for oversight; monitoring; home improvements, and modifications, maintenance and repairs, at primary residence; or funeral and burial expenses. (vii) Assistive technology and personal support services Expenses for assistive technology and personal support with respect to any item described in clauses (i) through (vi). (viii) Other approved expenses Any other expenses which are approved by the Secretary under regulations and consistent with the purposes of this section. (C) Individual with a disability (i) In general Except as provided in clause (ii), an individual is an individual with a disability for a year if the individual (regardless of age)— (I) has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 month, or (II) is blind. (ii) Disability certification required An individual shall not be treated as an individual with a disability for a year unless the individual— (I) is receiving (or, for purposes of title XIX of the Social Security Act, is deemed to be, or treated as, receiving by the State Medicaid Agency) benefits under the supplemental security income program under title XVI of such Act, or whose benefits under such program are suspended other than by reason of misconduct, (II) is receiving disability benefits under title II of such Act, or (III) files a disability certification with the Secretary for such year. (iii) Disability certification defined The term disability certification means, with respect to an individual, a certification to the satisfaction of the Secretary by the designated beneficiary or the parent or guardian of the designated beneficiary that— (I) the individual meets the criteria described in clause (i), and (II) includes a copy of the designated beneficiary’s diagnosis, signed by a physician meeting the criteria of section 1861(r)(1) of the Social Security Act. (iv) Restriction on use of certification No inference may be drawn from a disability certification for purposes of establishing eligibility for benefits under title II, XVI, or XIX of the Social Security Act. (4) Rollovers from ABLE accounts Subsection (c)(3)(A) shall not apply to any amount paid or distributed from an ABLE account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into— (A) another ABLE account for the benefit of— (i) the same beneficiary, or (ii) an individual with a disability who is a family member of the beneficiary, (B) any trust which is described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act and which is for the benefit of an individual described in clause (i) or (ii) of subparagraph (A), or (C) a qualified tuition program— (i) for the benefit of the designated beneficiary, or (ii) to the credit of another designated beneficiary under a qualified tuition program who is a member of the family of the designated beneficiary with respect to which the distribution was made. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. (5) Transfer to State Subject to any outstanding payments due for qualified disability expenses, in the case that the designated beneficiary dies or ceases to be an individual with a disability, all amounts remaining in the qualified ABLE account not in excess of the amount equal to the total medical assistance paid for the designated beneficiary after the establishment of the account, net of any premiums paid from the account or paid by or on behalf of the beneficiary to a Medicaid Buy-In program, under any State Medicaid plan established under title XIX of the Social Security Act shall be distributed to such State upon filing of a claim for payment by such State. For purposes of this paragraph, the State shall be a creditor of an ABLE account and not a beneficiary. Subsection (c)(3) shall not apply to a distribution under the preceding sentence. (6) Regulations Not later than 6 months after the date of the enactment of this section, the Secretary may prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including regulations to prevent fraud and abuse with respect to amounts claimed as qualified disability expenses. . (2) Conforming amendment Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 such Code is amended by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting and , and by inserting after subparagraph (E) the following new subparagraph: (F) section 529(d) by reason of 529(f) (relating to ABLE accounts). . (b) Annual reports (1) In general The Secretary of the Treasury shall report annually to Congress on the usage of ABLE accounts under section 529(f) of the Internal Revenue Code of 1986. (2) Contents of report Any report under paragraph (1) may include— (A) the number of people with an ABLE account, (B) the total amount of contributions to such accounts, (C) the total amount and nature of distributions from such accounts, (D) issues relating to the abuse of such accounts, if any, and (E) the amounts repaid from such accounts to State Medicaid programs established under title XIX of the Social Security Act. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Treatment of ABLE accounts under certain Federal programs (a) Account funds disregarded for purposes of certain other means-Tested Federal programs Notwithstanding any other provision of Federal law that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in any ABLE account (as defined in section 529(f) of the Internal Revenue Code of 1986) of such individual, and any distribution for qualified disability expenses (as defined in paragraph (3) of such section) shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such ABLE account, except that, in the case of the supplemental security income program under title XVI of the Social Security Act, a distribution for housing expenses (as defined in subparagraph (B)(ii) of such paragraph) shall not be so disregarded, and in the case of such program, only the 1st $100,000 of the amount (including such earnings) in such ABLE account shall be so disregarded. (b) Suspension of SSI benefits during periods of excessive account funds (1) In general The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the ABLE account (as defined in section 529(f) of the Internal Revenue Code of 1986) of the individual not disregarded under subsection (a) of this section. (2) No impact on Medicaid eligibility An individual who would be receiving payment of such supplemental security income benefits but for the application of the previous sentence shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. | https://www.govinfo.gov/content/pkg/BILLS-113hr647ih/xml/BILLS-113hr647ih.xml |
113-hr-648 | I 113th CONGRESS 1st Session H. R. 648 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Deutch introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to require the Federal Election Commission to establish and operate a website through which members of the public may view the contents of certain political advertisements, to require the sponsors of such advertisements to furnish the contents of the advertisements to the Commission, and for other purposes.
1. Short title This Act may be cited as the Campaign Sunlight Act of 2013 . 2. Establishment and operation of website of political advertisements (a) Establishment of website Section 318 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d ) is amended by adding at the end the following new subsection: (e) Website for contents of political advertisements (1) Website described (A) In general The Commission shall establish and operate a website, to be known as the Campaign Accountability Site , through which members of the public may view the contents of political advertisements. (B) Format In operating the website under this subsection, the Commission shall— (i) make the contents of a political advertisement available for viewing in the same format through which the advertisement was disseminated; and (ii) make the sources of the contents of the advertisement available on the website directly or through hyperlinks to the sources, as submitted to the Commission by the sponsor of the advertisement under paragraph (2)(B). (C) Hyperlink The Commission shall make the website established and operated under this subsection available through a hyperlink on the Commission’s official public website. (2) Requiring sponsors of advertisements to provide contents to commission (A) In general The sponsor of a political advertisement shall submit the contents of the advertisement to the Commission in such format as the Commission may require to enable the Commission to include the advertisement on the website established and operated under paragraph (1). (B) Inclusion of sources cited in contents If the contents of a political advertisement include references to any quotation, article, hyperlink, or other source for any statement made in the advertisement, the sponsor of the advertisement shall include the full contents of the source (or a hyperlink to the full contents of the source) in the contents submitted to the Commission under this paragraph. (C) Deadline for submission The sponsor of a political advertisement shall submit the contents of the advertisement to the Commission under subparagraph (A) not later than— (i) 24 hours after the advertisement is disseminated, in the case of an advertisement that is disseminated during the 7-day period that ends on the date of the election involved; or (ii) 72 hours after the advertisement is disseminated, in the case of an advertisement that is disseminated during any other period. (D) Payment of fee If the Commission determines that it is appropriate to impose fees on the sponsors of political advertisements in amounts which do not exceed the amount necessary to cover the costs to the Commission of establishing and operating the website under paragraph (1), at the time the sponsor of a political advertisement submits the contents of the advertisement to the Commission under subparagraph (A), the sponsor shall pay the Commission the amount of any such fee (as determined under a fee schedule established by the Commission). (E) Sponsor defined For purposes of this subsection, the sponsor of a political advertisement is— (i) in the case of a political advertisement that is described in paragraph (1) or (2) of subsection (a), the authorized political committee involved; or (ii) in the case of a political advertisement that is described in paragraph (3) of subsection (a), the person who is required under such paragraph to be identified as the person who paid for the advertisement. (3) Political advertisement defined In this subsection, a political advertisement means a communication that is subject to subsection (a) that refers to a clearly identified candidate and is disseminated during the 1-year period which ends on the date of the election for the office sought by the candidate. . (b) Effective date The amendment made by subsection (a) shall apply with respect to political advertisements disseminated after the expiration of the 120-day period that begins on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr648ih/xml/BILLS-113hr648ih.xml |
113-hr-649 | I 113th CONGRESS 1st Session H. R. 649 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Deutch (for himself, Ms. Kaptur , Ms. Schakowsky , Ms. Pingree of Maine , Mr. Cicilline , and Mr. Langevin ) 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 title II of the Social Security Act and the Internal Revenue Code of 1986 to make improvements in the old-age, survivors, and disability insurance program, to provide for cash relief for years for which annual COLAs do not take effect under certain cash benefit programs, and to provide for Social Security benefit protection.
1. Short title and table of contents (a) Short title This Act may cited as the Protecting and Preserving Social Security Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. TITLE I—Cost-of-Living Increases Sec. 101. Consumer price index for elderly consumers. Sec. 102. Computation of cost-of-living increases. TITLE II—Contribution and benefit fairness Sec. 201. Determination of wages and self-employment income above contribution and benefit base after 2013. Sec. 202. Inclusion of surplus earnings in social security benefit formula. I Cost-of-Living Increases 101. Consumer price index for elderly consumers (a) In General The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 102. Computation of cost-of-living increases (a) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended— (1) in paragraph (1)(G), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index ; and (2) in paragraph (4), by striking and by section 9001 and inserting , by section 9001 , and by inserting after 1986, the following: and by section 102 of the Protecting and Preserving Social Security Act , . (b) Conforming amendments in applicable former law Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index . (c) Effective date The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. II Contribution and benefit fairness 201. Determination of wages and self-employment income above contribution and benefit base after 2013 (a) Determination of wages above contribution and benefit base after 2013 (1) Amendments to the Internal Revenue Code of 1986 Section 3121 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(1), by inserting the applicable percentage (determined under subsection (c)(1)) of before that part of the remuneration ; and (B) in subsection (c), by striking (c) Included and excluded service.— For purposes of this chapter, if and inserting the following: (c) Special rules for wages and employment (1) Applicable percentage of remuneration in determining wages For purposes of paragraph (1) of subsection (a), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2014 86% Calendar year 2015 71% Calendar year 2016 57% Calendar year 2017 43% Calendar year 2018 29% Calendar year 2019 14% Calendar years after 2019 0%. (2) Included and excluded service For purposes of this chapter, if . (2) Amendments to the Social Security Act Section 209 of the Social Security Act ( 42 U.S.C. 409 ) is amended— (A) in subsection (a)(1)(I)— (i) by inserting and before 2014 after 1974 ; and (ii) by inserting and after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: (J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2013 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year; ; and (C) by adding at the end the following new subsection: (l) For purposes of subparagraph (J) of subsection (a)(1), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2014 86% Calendar year 2015 71% Calendar year 2016 57% Calendar year 2017 43% Calendar year 2018 29% Calendar year 2019 14% Calendar years after 2019 0%. . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2013. (b) Determination of self-Employment income above contribution and benefit base after 2013 (1) Amendments to the Internal Revenue Code of 1986 Section 1402 of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)(1), by inserting an amount equal to the applicable percentage (as determined under subsection (d)(2)) of before that part of the net earnings from self-employment ; and (B) in subsection (d)— (i) by striking (d) Employee and wages.— The term and inserting the following: (d) Rules and definitions (1) Employee and wages The term ; and (ii) by adding at the end the following: (2) Applicable percentage of net earnings from self-employment in determining self-employment income For purposes of paragraph (1) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2014 86% Calendar year 2015 71% Calendar year 2016 57% Calendar year 2017 43% Calendar year 2018 29% Calendar year 2019 14% Calendar years after 2019 0%. . (2) Amendments to the Social Security Act Section 211 of the Social Security Act ( 42 U.S.C. 411 ) is amended— (A) in subsection (b)(1)(I)— (i) by striking or after the semicolon; and (ii) by inserting and before 2014 after 1974 ; (B) in subsection (b)— (i) by redesignating paragraph (2) as paragraph (3); and (ii) by inserting after paragraph (1) the following: (2) For any taxable year beginning in any calendar year after 2013, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of (A) an amount equal to the contribution and benefit base (determined under section 230) that is effective for such calendar year, minus (B) the amount of the wages paid to such individual during such taxable year; or ; and (C) by adding at the end the following: (l) For purposes of paragraph (2) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2014 86% Calendar year 2015 71% Calendar year 2016 57% Calendar year 2017 43% Calendar year 2018 29% Calendar year 2019 14% Calendar years after 2019 0%. . (3) Effective date The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2014. 202. Inclusion of surplus earnings in social security benefit formula (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts (1) In general Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended— (A) in clauses (i), (ii), and (iii), by inserting basic before average indexed monthly earnings each place it appears; (B) in clause (ii), by striking and at the end; and (C) by inserting after clause (iii) the following new clauses: (iv) 3 percent of the individual’s surplus average indexed monthly earnings to the extent such surplus average indexed monthly earnings do not exceed the excess of the amount established for purposes of this clause by subparagraph (B) over 1/12 of the contribution and benefit base for the last of such individual’s computation base years, and (v) 0.25 percent of the sum of the individual’s surplus average indexed monthly earnings plus 1/12 of the contribution and benefit base for the last of such individual’s computation base years, to the extent such sum exceeds the amount established for purposes of clause (iv) by subparagraph (B). . (2) Bend point for surplus earnings Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended— (A) in clause (ii), by striking the amounts so established and inserting the amounts established for purposes of clauses (i) and (ii) of subparagraph (A) ; (B) by redesignating clause (iii) as clause (v); (C) in clause (v) (as redesignated), by inserting or (iv) after clause (ii) ; and (D) by inserting after clause (ii) the following new clauses: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2014, the amount established for purposes of clause (iv) of subparagraph (A) shall be $11,358. (iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2014, the amount established for purposes of clause (iv) of subparagraph (A) shall equal the product of the amount established with respect to the calendar year 2014 under clause (iii) of this subparagraph and the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, by (II) the national average wage index (as so defined) for 2012. . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) ) is amended— (A) by inserting basic before average ; and (B) in subparagraph (A), by striking paragraph (3) and inserting paragraph (3)(A) and by inserting before the comma the following: to the extent such total does not exceed the contribution and benefit base for the applicable year . (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) after (b)(1) ; and (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings and inserting Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings . (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) ) is amended— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraph (C) and by inserting and determination of basic average indexed monthly income after paragraph (2) ; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr649ih/xml/BILLS-113hr649ih.xml |
113-hr-650 | I 113th CONGRESS 1st Session H. R. 650 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Edwards (for herself, Ms. Schakowsky , Mr. Rangel , Ms. Lee of California , Mr. Conyers , Mr. Hastings of Florida , Ms. Linda T. Sánchez of California , Mr. Cleaver , Mr. Grijalva , Mr. Lewis , Mr. Johnson of Georgia , Ms. McCollum , Ms. Pingree of Maine , Mr. Rush , Mr. Honda , Ms. DeLauro , Mr. Enyart , Mr. Nadler , Mr. Brady of Pennsylvania , Ms. Wasserman Schultz , and Mrs. Negrete McLeod ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to establish a base minimum wage for tipped employees.
1. Short title This Act may be cited as the Working for Adequate Gains for Employment in Services Act or the WAGES Act . 2. Base minimum wage for tipped employees Section 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) ) is amended by adding before the semicolon the following: , except that, for purposes of this paragraph, the cash wage paid such employee shall be not less than— (A) $3.75 an hour beginning 90 days after the date of enactment of the Working for Adequate Gains for Employment in Services Act ; (B) $5.00 an hour beginning 1 year after the date on which the change required by subparagraph (A) takes effect; and (C) beginning 2 years after the date on which the change required by subparagraph (A) takes effect and adjusted as necessary thereafter, 70 percent of the wage in effect under section 6(a)(1) but in no case less than $5.50 an hour. . 3. Publication of notice Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) Not later than 10 days prior to the effective date of any increase in the minimum wage for tipped employees in accordance with section 3(m)(1), the Secretary shall publish (in the Federal Register and on the Internet website of the Department of Labor) a notice announcing the adjusted required wage. . | https://www.govinfo.gov/content/pkg/BILLS-113hr650ih/xml/BILLS-113hr650ih.xml |
113-hr-651 | I 113th CONGRESS 1st Session H. R. 651 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Ellison (for himself, Ms. Schakowsky , and Mr. Moran ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Foreign Affairs and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modify provisions of law relating to refugee resettlement, and for other purposes.
1. Short title; table of contents (a) Short Title This Act may be cited as the Strengthening Refugee Resettlement Act . (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Security checks. Sec. 3. English language and work orientation training for approved refugee applicants. Sec. 4. Lawful permanent resident status of refugees and aliens granted asylum. Sec. 5. Update of reception and placement grants. Sec. 6. Coordination of refugee program agencies. Sec. 7. Case management. Sec. 8. Increase in cash payments. Sec. 9. Refugee integration grants. Sec. 10. Matching grant program expansion. Sec. 11. Domestic Emergency Refugee Resettlement Fund. Sec. 12. Supplemental Security Income benefits. Sec. 13. Making special immigrant juvenile status beneficiaries and unaccompanied children granted U visa protection eligible for refugee benefits. 2. Security checks (a) Sense of Congress Although effective security checks are needed to ensure that the United States and the Nation’s refugee admissions program are adequately protected, it is the sense of the Congress that the failure to properly coordinate security and non-security clearance procedures has had negative impacts on the processing of vulnerable individuals who are in need of, and eligible for, resettlement to the United States. (b) Review of refugee processing The Secretary of Homeland Security shall work with the heads of other relevant Federal agencies, including the Department of State, to conduct a review of refugee processing, including security clearances, with the goal of streamlining processing, consistent with maintaining thorough security vetting. (c) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a report on the results of the review conducted under subsection (b). The report shall include a description of recommended changes to streamline processing and the costs associated with any unfunded needs. 3. English language and work orientation training for approved refugee applicants (a) In general The Secretary of State shall establish overseas refugee training programs to provide English as a second language and work orientation training for refugees who have been approved for admission to the United States before their departure for the United States. (b) Design and implementation In designing and implementing the programs referred to in subsection (a), the Secretary shall consult with or use— (1) nongovernmental or international organizations with direct ties to the United States refugee resettlement program; and (2) nongovernmental or international organizations with appropriate expertise in developing curriculum and teaching English as a second language. (c) Impact on processing times The Secretary shall ensure that such training programs occur within applicable processing times and do not unduly delay the departure for the United States of refugees who have been approved for admission to the United States. (d) Timeline for implementation (1) Initial implementation Not later than 1 year after the date of the enactment of this Act, the Secretary shall ensure that such training programs are fully and continually operational in at least 3 refugee processing regions. (2) Additional implementation Not later than 2 years after the date of the enactment of this Act, the Secretary shall notify the appropriate congressional committees that such training programs are fully and consistently operational in 5 refugee processing regions. (e) GAO report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of this section, including an assessment of the quality of English as a second language curriculum and instruction, the benefits of the work orientation and English as a second language training program to refugees, and recommendations on whether such programs should be continued, broadened, or modified, and shall submit to the appropriate congressional committees a report on the findings of such study. (f) Rule of construction Nothing in this section shall be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee. 4. Lawful permanent resident status of refugees and aliens granted asylum (a) Admission of emergency situation refugees Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) ) is amended— (1) in paragraph (1)— (A) by striking Attorney General the first time it appears and inserting Secretary of Homeland Security ; (B) by striking Attorney General each additional place it appears and inserting Secretary ; and (C) by striking (except as otherwise provided under paragraph (3)) as an immigrant under this Act. and inserting (except as provided under subsections (b) and (c) of section 209) as an immigrant under this Act. Notwithstanding any numerical limitations specified in this Act, any alien admitted under this paragraph shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s admission to the United States. ; (2) in paragraph (2)(A)— (A) by striking (except as otherwise provided under paragraph (3)) and inserting (except as provided under subsections (b) and (c) of section 209) ; and (B) by striking the last sentence and inserting the following: An alien admitted to the United States as a refugee may petition for his or her spouse or child to follow to join him or her in the United States at any time after such alien’s admission, notwithstanding his or her treatment as a lawful permanent resident as of the date of his or her admission to the United States. ; (3) by striking paragraph (3); (4) by redesignating paragraph (4) as paragraph (3); and (5) in paragraph (3), as redesignated— (A) by striking Attorney General the first place it appears and inserting Secretary of Homeland Security ; and (B) by striking Attorney General each additional place it appears and inserting Secretary . (b) Treatment of spouse and children Section 208(b)(3) of such Act (8 U.S.C. 1158(b)(3)) is amended— (1) by redesignating subparagraph (B) as subparagraph (E); and (2) by inserting after subparagraph (A) the following: (B) Petition An alien granted asylum under this subsection may petition for the same status to be conferred on his or her spouse or child at any time after such alien is granted asylum whether or not such alien has applied for, or been granted, adjustment to permanent resident status under section 209. (C) Permanent resident status Notwithstanding any numerical limitations specified in this Act, a spouse or child admitted to the United States as an asylee following to join a spouse or parent previously granted asylum shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such spouse’s or child’s admission to the United States. (D) Application for adjustment of status A spouse or child who was not admitted to the United States pursuant to a grant of asylum, but who was granted asylum under this subparagraph after his or her arrival as the spouse or child of an alien granted asylum under section 208, may apply for adjustment of status to that of lawful permanent resident under section 209 at any time after being granted asylum. . (c) Refugees Section 209 of such Act ( 8 U.S.C. 1159 ) is amended to read as follows: 209. Treatment of aliens admitted as refugees and aliens granted asylum (a) In general (1) Treatment of refugees Notwithstanding any numerical limitations specified in this Act, any alien who has been admitted to the United States under section 207 shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such admission. (2) Treatment of spouse and children Notwithstanding any numerical limitations specified in this Act, any alien admitted to the United States under section 208(b)(3) as the spouse or child of an alien granted asylum under section 208(b)(1) shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such admission. (3) Adjustment of status The Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General, and under such regulations as the Secretary or the Attorney General may prescribe, may adjust, to the status of an alien lawfully admitted to the United States for permanent residence, the status of any alien who, while in the United States— (A) is granted— (i) asylum under section 208(b) (as a principal alien or as the spouse or child of an alien granted asylum); or (ii) refugee status under section 207 as the spouse or child of a refugee; (B) applies for such adjustment of status at any time after being granted asylum or refugee status; (C) is not firmly resettled in any foreign country; and (D) is admissible (except as otherwise provided under subsections (b) and (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. (4) Record Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date such alien was granted asylum or refugee status. (5) Document issuance An alien who has been admitted to the United States under section 207 or 208 or who adjusts to the status of a lawful permanent resident as a refugee or asylee under this section shall be issued documentation indicating that such alien is a lawful permanent resident pursuant to a grant of refugee or asylum status. (b) Inapplicability of certain inadmissibility grounds to refugees, aliens granted asylum, and such aliens seeking adjustment of status to lawful permanent resident Paragraphs (4), (5), and (7)(A) of section 212(a) shall not apply to— (1) any refugee under section 207; (2) any alien granted asylum under section 208; or (3) any alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status. (c) Waiver of inadmissibility or deportability for refugees, aliens granted asylum, and such aliens seeking adjustment of status to lawful permanent resident (1) In general Except as provided in paragraph (2), the Secretary of Homeland Security or the Attorney General may waive any ground of inadmissibility under section 212 or any ground of deportability under section 237 for a refugee admitted under section 207, an alien granted asylum under section 208, or an alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status if the Secretary or the Attorney General determines that such waiver is justified by humanitarian purposes, to ensure family unity, or is otherwise in the public interest. (2) Ineligibility A refugee under section 207, an alien granted asylum under section 208, or an alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status shall be ineligible for a waiver under paragraph (1) if it has been established that the alien is— (A) inadmissible under section 212(a)(2)(C) or subparagraph (A), (B), (C), or (E) of section 212(a)(3); (B) deportable under section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B); or (C) deportable under subparagraph (A), (B), (C), or (D) of section 237(a)(4). . (d) Technical amendments (1) Aliens not subject to direct numerical limitations Section 201(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(B) ) is amended to read as follows: (B) Aliens who are admitted to the United States as permanent residents under section 207 or 208 or whose status is adjusted under section 209. . (2) Training Section 207(f)(1) of such Act ( 8 U.S.C. 1157(f)(1) ) is amended by striking Attorney General and inserting Secretary of Homeland Security . (3) Table of contents The table of contents for such Act is amended by striking the item relating to section 209 and inserting the following: Sec. 209. Treatment of aliens admitted as refugees and aliens granted asylum. . (e) Savings provisions (1) In general Nothing in the amendments made by this section may be construed to limit access to the benefits described at chapter 2 of title IV of the Immigration and Nationality Act ( 8 U.S.C. 1521 et seq. ). (2) Clarification Aliens admitted for lawful permanent residence under section 207 or 208 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ; 1158) or who adjust status to lawful permanent resident under section 209 of such Act ( 8 U.S.C. 1159 ) shall be considered to be refugees and aliens granted asylum in accordance with sections 402, 403, 412, and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 ; 1613; 1622; 1641). (f) Effective date This section, and the amendments made by this section, shall become effective on the earlier of— (1) the date that is 180 days after the date of the enactment of this Act; or (2) the date on which a final rule is promulgated to implement this section. 5. Update of reception and placement grants Beginning with fiscal year 2014, the Secretary of State shall, when setting the amount of the reception and placement grants for refugees, ensure that— (1) the grant amount is adjusted so that it is adequate to provide for the anticipated initial resettlement needs of refugees, including adjusting the amount for inflation and the cost of living; (2) the administrative proportion of the grant is provided at the beginning of the fiscal year to each national resettlement agency that is sufficient to ensure adequate local and national capacity to serve the initial resettlement needs of refugees the Secretary anticipates the agency will resettle throughout the fiscal year; and (3) additional amounts are provided to each national resettlement agency promptly upon the arrival of refugees that, exclusive of the amounts provided pursuant to paragraph (2), are sufficient to meet the anticipated initial resettlement needs of such refugees and support local and national operational costs in excess of the estimates described in paragraph (1). 6. Coordination of refugee program agencies It is the sense of the Congress that— (1) the President should appoint a White House Coordinator on Refugee Protection and grant such official the authority and staff necessary to coordinate, prioritize, and lead efforts to address refugee protection issues that involve multiple agencies, including the refugee admissions program, and to resolve interagency differences in a timely, efficient, and effective manner; and (2) this position should be at a senior level and require as a condition for appointment a significant level of prior experience in the refugee protection field. 7. Case management (a) In general (1) Establishment of grant program The Director of the Office of Refugee Resettlement shall make grants to national resettlement agencies to operate a case management system to assist qualified individuals in accessing services, benefits, and assistance for which they are eligible that are provided by— (A) the Office of Refugee Resettlement (the Office ); (B) other Federal, State, or local agencies; and (C) private or nonprofit organizations. (2) Qualified individuals Subject to paragraphs (3) and (4), any individual who was at any time eligible for resettlement, acculturation, or subsistence services provided by the Office shall be qualified to receive the case management services described in paragraph (1). (3) Period of qualification Except as provided in paragraph (4), an individual described in paragraph (2) shall be qualified to receive the case management services described in paragraph (1) during the period beginning on the date such individual was determined to be eligible for resettlement, acculturation, or subsistence services provided by the Office, and continuing for 1 year after the date on which such individual ceases to be eligible for such resettlement, acculturation, or subsistence service. (4) Exceptions for exceptional circumstances (A) In general Notwithstanding paragraph (3), an individual described in subparagraph (B) shall be qualified to receive the case management services described in paragraph (1) during the period beginning on the date on which such individual was determined eligible for resettlement, acculturation, or subsistence services provided by the Office, and continuing for 3 years after the date on which such individual ceases to be eligible for such resettlement, acculturation, or subsistence services. (B) Exceptional circumstances An individual described in paragraph (2) may be treated in accordance with subparagraph (A) if such individual— (i) is elderly; (ii) has extraordinary resettlement or acculturation needs that impede such individual’s ability to achieve durable self-sufficiency; (iii) is a refugee who was resettled from a situation of protracted displacement; (iv) is a member of a family caring for an unattached refugee minor; or (v) at the time of entry— (I) had a disability or serious medical condition; (II) had mental health conditions; (III) was part of a household headed by a single parent; or (IV) had been the victim of a severe form of violence. (5) Definition of resettlement, acculturation, or subsistence services For the purposes of this section, the term, resettlement, acculturation, or subsistence services shall include all of the services provided by the Office to aliens, with the exception of the case management services provided under paragraph (1). (b) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. (c) Savings clause Nothing in this section shall be construed as affecting the authority of the Director under section 412(e)(7)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1522(e)(7)(A) ), or of any other section of such Act, to provide case management services to individuals who have been in the United States for longer than 36 months. 8. Increase in cash payments (a) Section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 ) is amended— (1) in subsection (a)(1)(B), by adding at the end the following: (iv) Subject to the availability of funds appropriated for this purpose, assistance and social services for employment, health and living expenses shall be available for a period of not less than 12 months. ; (2) in subsection (a)(5), by adding at the end the following: Subject to the availability of funds appropriated for this purpose, assistance and services shall be made available to refugees for a period of not less than 12 months. ; and (3) in subsection (e)(1)— (A) by striking (1) and inserting (1)(A) ; and (B) by adding at the end the following: (B) Subject to the availability of funds appropriated for this purpose, such assistance shall be provided for a minimum of 12 months beginning with the first month in which such refugee entered the United States. . (b) Effective date The amendments made by subsection (a) shall become effective on the earlier of— (1) the first day of the first fiscal year that begins after the date of the enactment of this Act; or (2) the date on which a final rule is promulgated to implement this section. (c) Rule of construction The 12-month specification contained in the amendments made by subsection (a) is a minimum standard for the provision of services to the refugee community. No part of this Act shall be interpreted as limiting or reducing assistance already provided for a period longer than 12 months. 9. Refugee integration grants (a) Establishment of refugee integration grants The Director of the Office of Refugee Resettlement is authorized to award grants to community-based organizations, national nonprofit organizations having experience and expertise in immigration law and the legal, social, educational, or cultural needs of immigrants, and national resettlement agencies for the design and implementation of programs to offer training and orientation to newcomers to the United States to assist them in integrating into the civic life of the United States. (b) Services funded Programs funded under subsection (a) shall be used— (1) to offer assistance and instruction to aliens described in subsection (c), on— (A) the naturalization process; (B) the legal requirements for naturalization; (C) rights and responsibilities of U.S. citizens; (D) cultural orientation; (E) English as a second language; (F) civics and United States history; (G) housing; (H) transportation; (I) recertification; (J) employment training; (K) mental health services; (L) childcare services; and (M) other topics the Director identifies as aiding the orientation and adjustment of new arrivals to the United States; (2) to offer orientation and assistance to Federal, State, and local institutions that serve newcomers to the United States so as to assist such institutions in meeting their needs; and (3) to provide technical assistance and training to community-based organizations providing instruction in English as a second language, civics, and United States history and technical assistance and training to community-based organizations providing naturalization outreach and application assistance. (c) Eligible persons Persons eligible for assistance and instruction under this subsection include— (1) aliens admitted as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); (2) aliens granted asylum under section 208 of such Act ( 8 U.S.C. 1158 ); (3) aliens admitted as special immigrants from Iraq or Afghanistan pursuant to section 1244 of Public Law 110–181; (4) any alien who was at any time eligible to receive services from the Office of Refugee Resettlement; and (5) other aliens designated by the Director of the Office of Refugee Resettlement. (d) Application for grants Each entity desiring a refugee integration grant under this section shall submit an application to the Director at such time and in such manner as the Director may require. (e) Priority In selecting grantees, the Director shall give priority to organizations either with experience in resettling refugees or in administering services for refugees and asylum seekers. (f) Reports to Congress Beginning 180 days after the date of the enactment of this Act, and annually thereafter, the Director shall report to the Judiciary Committees of the Senate and the House of Representatives a report on the implementation of this section. The report shall include information regarding the grants issued pursuant to this section and the results of those grants. 10. Matching grant program expansion (a) Use of the refugee matching grant program (1) In general In recognition of the positive outcomes achieved for individuals served through the refugee matching grant program, under which Federal funds are matched by private sector contributions of cash, goods, and volunteers, the Director of the Office of Refugee Resettlement shall ensure that the thresholds described in paragraph (2) are met with respect to participation by eligible individuals in such program. (2) Annual thresholds (A) In general Subject to the availability of funds appropriated for this purpose, the percentage of eligible individuals who apply for services under the matching grant program who shall be served through such program is set at the following levels in each of the following fiscal years— (i) at least 60 percent in fiscal year 2014; (ii) at least 70 percent in fiscal year 2015; and (iii) at least 80 percent in fiscal year 2016, and thereafter. (B) Exceptions In determining the thresholds in this paragraph, the Director shall exclude individuals who are disabled, under the age of 18, or over the age of 65 unless such individuals are being served as members of an eligible family. (3) Length of eligibility for grant Individuals as described in subparagraph (2)(B) shall be eligible for services under the matching grant program, and therefore be expected to achieve self-sufficiency, within 180 to 240 days of their enrollment in the program. (4) Amount of grant (A) Annual update Subject to the availability of funds appropriated for this purpose, beginning with fiscal year 2014, the Director shall, when setting the amount of the matching grants, ensure that the grant amount is adjusted annually so that it is adequate to provide for services intended to help refugees become self-sufficient within 180 to 240 days, including adjusting the amount for inflation and the cost of living. (B) Assessment Not later than 30 days after the date of enactment of this Act, the Director shall undertake an assessment of the per capita amount that is provided in the matching grant program. The assessment shall— (i) examine the adequacy of the current per capita grant amount to provide the assistance necessary to enable individuals who are served by the program to achieve self-sufficiency within 240 days; (ii) determine the per capita grant amount that would be necessary in order to provide the assistance necessary to enable individuals who are served by the program achieve self-sufficiency within 240 days; (iii) assess the potential impact of any other changes to the operation of the program that the Director or the Office’s non-Federal partners suggest to improve the effectiveness of the program. (C) Consultation with partners In conducting the assessment referred to in subparagraph (B), the Director shall consult with representatives of national and local resettlement agencies with experience in providing services under the matching grant program to learn their views on the program, including their views with respect to clauses (i) through (iv) of subparagraph (B). (D) Report to Congress Not later than 120 days after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress the results of the assessment made pursuant to subparagraph (B). Such report shall include— (i) the Director’s findings pursuant to subparagraph (B); (ii) the amount of the per capita grant that will be provided beginning on the first day of the first fiscal year that begins after the date of enactment of this Act; and (iii) a summary of the views expressed by the entities described in subparagraph (C). (E) Grant amount in absence of report If for any reason the report described in subparagraph (D) is not filed with the appropriate committees of the Congress on or before the required date for the submission of such report, the per capita matching grant amount for the first fiscal year that begins after the date of enactment of this Act shall be set at the amount set for such grant on September 30 of the previous fiscal year and prorated to reflect a 180- to 240-day grant period. 11. Domestic Emergency Refugee Resettlement Fund (a) In general There is established a Domestic Emergency Refugee Resettlement Fund that shall be available to the Director of the Office of Refugee Resettlement to meet unanticipated resettlement needs. (b) Drawdown of funds Whenever the Director determines it to be important to the national interest, the Director is authorized to furnish on such terms and conditions as the Director may determine, assistance under this chapter for the purpose of meeting unexpected urgent resettlement needs of populations and communities served pursuant to this chapter, including communities experiencing high numbers of arrivals of refugees due to secondary migration. (c) Allowable uses The Director may furnish assistance to eligible entities for the purposes of providing resettlement assistance to refugees, including transportation, housing, employment, health, mental health, English language training services, recertification, and other purposes as determined by the Director. (d) Eligible entities defined National resettlement agencies, community-based organizations, torture survivor rehabilitation centers and programs, and States. (e) Congressional notification No amounts may be withdrawn from the fund authorized by subsection (a) unless the Director has determined that a domestic resettlement emergency exists and has certified such fact to appropriate committees of Congress. (f) Cap on fund No funds may be appropriated which when added to the amounts previously appropriated but not yet obligated, would cause such amounts to exceed $50,000,000. (g) Authorization of appropriations Funds appropriated pursuant to this section shall be available until expended. 12. Supplemental Security Income benefits Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended— (1) by amending subparagraph (A) to read as follows: (A) Exception for refugees and asylees With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to— (i) an alien admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act 8 U.S.C. 1157 ; (ii) an alien granted asylum under section 208 of such Act 8 U.S.C. 1158 ; (iii) an alien whose deportation is withheld under section 243(h) of such Act 8 U.S.C. 1253 (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act 8 U.S.C. 1231(b)(3) (as amended by section 305(a) of division C of Public Law 104–208 ); (iv) an alien who is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (v) an alien who is admitted to the United States as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100–202 and amended by the 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100–461 , as amended). ; and (2) by adding at the end the following: (N) SSI benefits for certain aliens and victims of trafficking Beginning on the date of the enactment of this subparagraph, any qualified alien (as defined in section 431(b)), victim of trafficking in persons (as defined in section 107(b)(1)(C) of division A of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386)), or alien granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(T)(ii) ) rendered ineligible for the specified Federal program described in paragraph (3)(A) solely by reason of the termination of the 7-year period described in subparagraph (A) prior to the enactment of this subparagraph shall be eligible for benefits under such program without regard to subparagraph (A). . 13. Making special immigrant juvenile status beneficiaries and unaccompanied children granted U visa protection eligible for foster care and refugee benefits (a) In general Section 235(d)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(d)(4) ) is amended— (1) in subparagraph (A)— (A) by striking either ; (B) by striking or who and inserting a comma; (C) by inserting , or has been granted status under section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) before , shall ; and (D) by striking be eligible for and inserting receive ; and (2) in subparagraph (B), by inserting or status under section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ), after ( 8 U.S.C. 1101(a)(27)(J) ) . (b) Eligibility for benefits and services Section 107(b)(1)(A) of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7105(b)(1)(A) ) is amended by inserting , an alien who has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), a child who has been granted status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15(U)), after trafficking in persons, . (c) State reimbursement Subject to the availability of funds appropriated for this purpose, if State foster care funds are expended on behalf of a child who has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ), the Federal Government shall reimburse the State in which the child resides for such expenditures by the State. | https://www.govinfo.gov/content/pkg/BILLS-113hr651ih/xml/BILLS-113hr651ih.xml |
113-hr-652 | I 113th CONGRESS 1st Session H. R. 652 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Gowdy introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to limit assistance to countries that engage in certain discriminatory religious, educational, or freedom of movement practices.
1. Limitation on assistance to countries that engage in certain discriminatory religious, educational, or freedom of movement practices (a) In general Chapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ) is amended by adding at the end the following new section: 620N. Limitation on assistance to countries that engage in certain discriminatory religious, educational, or freedom of movement practices (a) Limitation No assistance may be provided under this Act or any other Act to any foreign country the government of which the President determines, and notifies Congress, is engaging in any of the practices described in subsection (b). (b) Practices described The practices referred to in subsection (a) are the following: (1) The government engages in state-sanctioned religious persecution of minority religious groups as evidenced by anti-blasphemy laws or penalties applied to minority religious groups for sharing their faith. (2) The government prevents equal access to education on the basis of gender, race, or ethnicity. (3) The government does not accept the return of nationals of the country who have been removed from another country following a removal proceeding. (c) Exception The limitation on assistance under subsection (a) shall not apply with respect to humanitarian assistance. (d) Waiver The President may waive subsection (a) on a case-by-case basis if the President determines and notifies Congress that it is in the national security interests of the United States to do so. . (b) Effective date Section 620N of the Foreign Assistance Act of 1961, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to amounts made available for assistance under the Foreign Assistance Act of 1961 or any other Act that are unobligated on or after such date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-113hr652ih/xml/BILLS-113hr652ih.xml |
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